FOREIGN LEGISLATION. [NOTE. The laws of England relating to insanity being voluminous, sections referring to subjects local or foreign to the purpose of this work have been omitted and their place supplied by the marginal notes. Sections so omitted are distinguished in the table of contents by italicized numbers. The plan of the following table has been changed from that adopted in other parts of the work, on account of the great length to which it would have extended, and the impossibility of any logical arrangement of the paragraphs without interfering with what has been thought more advisable, the retention of the chronological order of the laws.] The Lunacy Laws of Germany and France, collated for this volume, were translated at Washington by an able linguist, who had access to all the foreign laws in the various government libraries, and who had the aid of prominent officials and the embassies there in the effort to procure full legislation; but they are not presented as complete. The briefer legislation of Belgium and Russia is, of course, but fragmentary. ENGLAND. 1. Insanity Found by Inquisition. INQUISITION AND INQUIRY. How inquisitions are to be held; may be ordered on report of commissioner in lunacy; period of insanity to be inquired into; examination, 114124, 126, 130, 310-313, 315, 316. PROCEEDINGS AFTER INQUISITION. Proceedings before masters; appointment of guardians of the person and es- Orders of lord chancellor, form; authority of, 131, 135, 319, 330. VISITATION, CONFINEMENT and Discharge. Visitation; reports of, to lord chancellor, 91, 132, 133, 168, 169, 321-323, 352. Admission and detention of insane in public and private asylums, 352. Visitors and commissioners not to discharge insane, 70. OFFICERS, FEES AND PERCENTAGES. Masters, registrar, and visitors; appointment, and powers; fees, 96-112, 113, 125, 324, 326-328, 329. Commissioners in lunacy, see below 3 (b). 2. Pauper Patients in Workhouses, and Outdoor Patients. DETENTION, VISITATION AND REMOVAL. What insane may be kept in workhouses, 338, 350, 389, 391, 392. Visitation and inquiries by orders of commissioners in lunacy, and removal of insane to asylum, 163, 164, 169, 361–363. Records of visiting committee, 367. Medical visitation, and quarterly list of in ligent insane, 233, 351. 3. Insane Confined under Certificates. (a) In County and Borough Asylums. ESTABLISHMENT AND ERECTION OF ASYLUMS. Committee of justices for providing asylums; union of counties, 175, 176-193, 202, 207, 212, 218, 274, 275–279, 292, 379, 380. Powers of justices and visitors vested in borough councils, 269, 279. Plans, estimates, and contracts; enlargement and repairs; purchase and lease of lands, 203-206, 208-211, 213, 214, 218, 334, 335. 340, 341. Admission of indigent and private patients from other counties; charges for support from contributory and non-contributory places; money from extra charges applied to repairs, 215, 216, 221, 239, 245, 283, 336, 337, 363, 390. Provisions for raising money for erection of asylums, 219. Regulations for boroughs having asylums; for annexing towns and counties to other counties, 181, 271, 280, 380. COMMITTEE OF VISITORS. Appointment, officers, meetings, 194–201, 217, 270. REGULATION AND MANAGEMENT. General rules made by committee of visitors, to be submitted to secretary of state, 220. Ministers of religion, medical and other officers; dismissal; superannuation, 222-224, 342, 343. Accounts of moneys received and paid by asylums, audits, 225–227. Semi-annual lists of indigent and private patients to be submitted, 230, 364. Annual returns of insane chargeable to each parish, and inspection by officer of parish or union, 231, 232, 264. ADMISSION, DETENTION AND DISCHARGE. What insane are to be sent to asylums, 2-4, 234, 235, 349, 391. Indigent insane to be sent to asylum if possible, 239, 362, 363. Fees of medical men and penalties for neglect of duties by medical men and others, 236-238. Orders and certificates for admission; what books are to be kept in asylums; documents sent to commissioners, 240-243, 254, 256–260, 262, 353-358. Admission, detention, discharge, transfer, absence on trial, and death of patient, 244, 246–253, 255, 259, 260, 281, 374. Burial of patients, and providing burial grounds, 284-286, 339, 340. Cruelty to patients, 263. Correspondence of private patients, 370. EXPENSES OF COMMITMENT, SUPPORT AND REMOVAL Settlement of indigent patients, payment of expenses, liability of relatives and property of patient (see also above 2), 221, 261, 287, 375, 391, 395. LEGAL PROCEEDINGS. Legal proceedings; penalties, and their recovery, 262-264, 265–268. 3. (b) In Registered Hospitals and Licensed Houses. REGISTRATION AND LICENCE. Hospitals to be registered; copies of regulations to be displayed, and to be submitted to secretary of state, 37, 165. Licences of houses; revocation and transfer, penalties for infringement of; payments and accounts; alterations in premises; residence of applicant, 15, 16, 18, 25-36, 136, 137, 341–347. ADMISSION OF PATIENTS. What persons may be received into hospitals and licensed houses; orders and certificates of admission, 139–142, 145–148, 353–357. Committee of visitors of county asylums may contract for support of indigent insane in licensed houses; reception not compulsory; expenses of such patients, (see also above, 3 (a) Expenses of Commitment, etc.), 215, 239, 245, 261, 363, 396. Notice of reception of patient, and copies of orders to be sent to commissioners, 41, 159, 358. Certificates to exempt proprietors from prosecution, 88. Re-admission of discharged patients as boarders, 141, 348. SUPERVISION, REMOVAL AND DISCHARGE. Rules for licensed houses; powers of commissioners over houses so long as insane remain in it, 166, 282. Notice of dismissal of attendant to be sent to commissioners, 161. Medical attendants, residence and visits of, 37, 46, 47. Visitation, reports; visits by night; inquiries directed to commissioners, and reports, 50-69, 77, 164, 167, 169, 359, 360, 365. Books to be kept; entries by visitors, commissioners, and medical attendants; Detention of patient after expiration or revocation of license, 291. Escape and recapture; notice of, to commissioners, 42, 76, 88, 154, 369. Removal, discharge, temporary absence, transfer, 61–70, 75, 76, 154, 155, 290, 368, 373. Property of insane; protection and application of, (see also above, 1. Man agement of property, etc.) 83-87, 129, 130, 131, 158, 319. Death of patient; proceedings on; notice of, 44, 154. COMMISSIONERS IN LUNACY AND VISITORS. Commissioners in lunacy, appointment, salaries, reports of; subordinate officers, 13, 14, 17, 24, 59, 77, 167, 174. Visitors, appointment, qualifications, subordinate officers, 18-24, 288. Appointment of persons to make inquires and reports as to condition of patients wherever confined, 164, 169. Visitation, see above 2, 3 (a) Regulation, etc., 3 (a); and below 4, 5. LEGAL PROCEEdings. Summoning of witness, administration of oaths, 89, 376. Offences, prosecutions, costs, penalties and their recovery, 89, 148, 169. 3. (c) Private Patients in Unlicensed Houses. ADMISSION INTO PRIVATE HOUSES. Conditions of admission into private houses, orders and certificates; statements sent to comissioners, 38, 79-83, 143, 153, 157, 162, 353-358, 371, 372. SUPERVISION, REMOVAL AND DISCHARGE. Medical and other visitation and inquiries to be made, 81, 91, 92, 149–151, 162, 164, 169, 365. Neglect, or cruelty to patient, 144. Detention, discharge, removal, and temporary absence, 82, 88, 152–157, 253, 362, 363. Correspondence of patient, 370. Notice of recovery to be given to friends, 154. Death, report to coroner, 374. 4. Criminal Insane. EXAMINATION AND COMMITMENT. Insane person likely to commit crime; arrest, examination, and commitment to asylum; chargeability; custody, by relatives; discharge, 2-4. Custody of person acquitted or not tried, on ground of insanity; commitment to asylum, 1, 7, 294, 295, 384. Examination of insane convicts; transfer to asylum; discharged or remanded on recovery, 293-307, 382, 384, 397, 399. Inquiry into settlement; liability for expenses, 5, 6–10, 11, 12, 302, 386. SUPERVISION AND DISCHARGE. Escape and recapture; penalties for rescue, conniving at escape, and for cruelty, 303-305. Discharge, as harmless incurable; temporary absence; discharge, absolute or conditional, 173, 301, 386, 387. Commissioners not to discharge criminal insane confined by order of secretary of state or criminal court, 70. Support of criminal insane after expiration of sentence, 388, 393, 394. Criminal insane asylums; management; visitation and reports of, 293–307, Visitation of jails and of state and criminal insane. 90-92, 168, 169. 5. Miscellaneous Provisions. Special visitation by commissioners or persons specially appointed, of any in- SAFE CUSTODY OF INSANE PERSONS CHARGED WITH OFFENCES. $2. Insane persous indicted for offences. Criminals 39 & 40 Geo. 3, ch. 94; Chitty's Statutes, 3d edition, vol. 2, p. (5). 1. If any person indicted for any offence shall be insane, and shall upon arraignment be found so to be by a jury lawfully empanelled for that purpose, so that such persons cannot be tried upon such indictment, or if upon the trial of any person so indicted such person shall appear to the jury charged with such indictment to be insane it shall be lawful for the court before whom any such person shall be brought to be arraigned or tried as aforesaid to direct such finding to be recorded and thereupon order such person to be kept in strict custody until his majesty's pleasure shall be known; and if any person charged with any offence shall be brought before any court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be empanelled to try the insanity of such person, and if the jury so empanelled shall find such person to be insane, it shall be lawful for such court to order such person to be kept in strict custody, in such place and in such manner as to such court shall seem fit, until his majesty's pleasure shall be known; and in all cases of insanity so found, it shall be lawful for his majesty to give such order for the safe custody of such person so found to be insane, during his pleasure, in such place and in such manner as to his majesty shall seem fit. found insane on trial, to be kept in cus tody until his majesty's pleasure be known. PROVISION FOR SAFE CUSTODY OF CRIMINALS. 1 & 2 Vict., ch. 14; Chitty, vol. 3, p. 96. Commitment 2. In all cases where any person shall be in custody at the time of the passing of this Act under or by virtue of $2. any warrant for commitment made or issued by any to asylum. of her majesty's justices of the peace under the authority of the said herein before recited provisions of the said Act of the thirty-ninth and fortieth years of his late majesty king George |