and also for any two of such visitors, with the advice in writing of the medical officer of such asylum, to discharge any person detained therein, or to permit any such person to be absent from the asylum upon trial for such period as such visitors think fit; and it shall be lawful for such visitors to make such allowance to such last-mentioned person, not exceeding what would be the charge for such person if in the asylum, which allowance, and no greater sum, shall be charged for him and be payable as if he were actually in the asylum; and in case any person so allowed to be absent on trial for any period do not return at the expiration of such period, and a medical certificate as to his state of mind, certifying that his detention in an asylum is no longer necessary, be not sent to the visitors, he may, at any time within fourteen days after the expiration of such period, be retaken, as herein provided in the case of an escape. $ 80. Overseers to tics upon 247. When the visitors of any asylum shall order a pauper lunatic confined therein to be discharged therefrom, remove luna- it shall be lawful for them, when they shall see occanotice. sion, to send notice in writing, signed by their clerk, through the post or otherwise, of their intention to discharge such lunatic, to the overseers of the parish wherein it shall have been adjudged that such lunatic is settled, or, if no such adjudication shall have been made, to the overseers of the parish from which such lunatic shall have been sent to such asylum, unless such lunatic shall be chargeable to the common fund of any union, and in any such last-mentioned case to some one relieving officer of such union; and upon receipt of such notice the overseers or relieving officers respectively shall cause such lunatic, upon his discharge, to be forthwith removed to their parish, or to the work house of the union, at the cost and charge of their parish or of the common fund of the union, as the case shall require; and any overseer or relieving officer who shall refuse or wilfully neglect to remove such lunatic from the said asylum within the space of seven days after such notice shall have been sent to him shall be guilty of an offence against this Act, and shall forfeit for such offence any sum not exceeding ten pounds, to be recovered as other penalties imposed by this Act are recoverable. 248. Where application is made to the committee of visitors custody of friends. of any asylum by any relative or friend of a pauper § 91. lunatic confined therein, requiring that he may be Discharge to delivered over to the custody and care of such relative or friend, it shall be lawful for any two of the visitors aforesaid, if they think fit, and upon the undertaking in writing of such relative or friend to the satisfaction of such visitors that such lunatic shall be no longer chargeable to any union, parish, or county, and shall be properly taken care of, and shall be prevented from doing injury to himself or others, to discharge such lunatic. $82. Removal by commis sioners in 249. It shall be lawful for the commissioners in lunacy, or any two of them, by writing under their hands and seals, to order and direct the removal of any lunatic from any asylum, registered hospital, or licensed lunacy. house to any other asylum, registered hospital, or licensed house; and every such order shall be made in duplicate, and one duplicate shall be delivered to and left with the superintendent or proprietor of the asylum, hospital, or licensed house from which the patient is removed, and the other shall be delivered to and left with the superintendent or proprietor of the asylum, hospital, or licensed house to which the patient is removed, and such order shall be a sufficient authority for the removal of such patient, and also for his reception into the asylum, hospital, or licensed house to which he is ordered to be removed. $ 83. private 250. If and when any person who signed the order on which any patient (not being a pauper) was received into any asylum (whether or not such patient have since Removal of been removed under any order made under this patients. Act or otherwise to any other asylum) shall by writing under his hand direct that such patient be discharged or removed, then and in such case such patient shall forthwith be discharged or removed as the person who signed the order for his reception may direct. $ 84. Removal when person who signed 251. If the person who signed the order on which any patient (not being a pauper) was received into any asylum be dead, or be incapable, by reason of insanity, absence from England or otherwise, of giving an order for the discharge or removal of such patient, then the person who made the last payment on ac order is dead or incapable. count of such patient, or the husband or wife, or (if there be no husband, or the husband or wife be incapable as aforesaid) the father, or (if there be no father, or he be incapable as aforesaid,) the mother of such patient, or if there be no mother, or she be incapable as aforesaid then any one of the nearest of kin for the time being of such patient may, by writing under his or her hand, give such direction as aforesaid for the discharge or removal of such patient, and thereupon such patient shall be forthwith discharged or removed accordingly. $ 85. Visitors' con sent neces sary for discharge of dangerous 252. Provided always, That no patient shall be discharged under either of the two last foregoing provisions if the medical officer of the asylum in which such patient is certify in writing under his hand that in lunatics. the opinion of such medical officer such patient is dangerous and unfit to be at large, together with the grounds on which such opinion is founded, unless two of the visitors of such asylum, being justices, shall, after such certificates shall have been produced to them, give their consent in writing to such patients being so discharged; provided that nothing in this enactment shall prevent the transfer of any patient so certified to be dangerous and unfit to be at large from any asylum to any other asylum, or to any registered hospital or licensed house, but in such case the patient shall be placed under the control of an attendant belonging to the asylum, hospital, or house from or to which he is about to be removed for the purpose of such removal, and shall remain under such control until such time as the removal has been duly effected. 253. Any person, having authority to order the discharge of any patient (not being a pauper) from any asylum, registered hospital, or licensed house, or of any single patient, may, with the previous consent in writing of two of the commissioners, direct, by an order in writing under his hand, the removal of such patient to any asylum, registered hospital, or licensed house, or to the care or charge of any person mentioned or named in such order; and every such order and consent shall be made and given respectively in duplicate, and one of the duplicates shall be delivered to and left with the superintendent or proprietor of the asylum, hospital, or house from which or the person from whose care or charge the patient is ordered to be removed, and the other § 86. Transfer of private and single patients. duplicate shall be delivered to and left with the superintendent or proprietor of the asylum, hospital, or house into which or the person into whose care or charge the patient is ordered to be removed; and such order for removal, together with such consent in writing, shall be a sufficient authority for the removal of such patient, and also for his reception into the asylum, registered hospital, or licensed house into which or by the person into whose care or charge he is ordered to be removed; Provided always that a copy of the order and certificates upon which such patient was received in the asylumn, hospital, or house from which he is removed, or as a single patient, by the person from whose care he is removed, certified under the hand of the superintendent or proprietor of such asylum, hospital, or house, or of such person as last aforesaid, to be a true copy, shall be furnished by him free of expense, and shall be delivered, with one duplicate of the said order of removal and consent, to the superintendent or proprietor of the asylum, hospital, or house to which, or to the person to whose care or charge, such patient is removed. § 87. of orders and certificates. 254. If after the reception of any lunatic into any asylum it appear that the order or medical certificate, or (if more than one) both or either of the medical certifi- Amendment cates, upon which he was received, is or are in any respect incorrect or defective, such order and medical certificate or certificates may be amended by the person or persons signing the same at any time within fourteen days next after the reception of such lunatic; provided nevertheless, that no such amendment shall have any force or effect unless the same shall receive the sanction of one or more of the commissioners in lunacy. § 88. Person re ceived into asylum must be retained charged. until dis 255. Every person received into any asylum, registered hospital, or licensed house under such order as is required by this Act, accompanied by the requisite medical certificate, may be detained therein until he be removed or discharged as authorised by this Act, and in case of escape may, by virtue of such order and certificate, be retaken at any time within fourteen days after his escape by the superintendent or proprietor of such asylum, hospital, or house, or any officer or servant belonging thereto, or any other person authorised in writing in this behalf by $ 89. Entries of admission. such superintendent or proprietor, and conveyed to and received and detained in such asylum, hospital, or house. 256. The clerk of every asylum shall, immediately on the admission of any person as a lunatic into such asylum, make an entry with respect to such lunatic in a book to be kept for that purpose, to be called "The Register of Patients," according to the form and containing the particulars specified in the schedule (G), No. 1, to this Act, except as to the form of disorders, the entry as to which is to be supplied by the medical officer of the asylum within one month after the admission of the patient, and after the second and before the end of the seventh clear day from the day of the admission of any person as a lunatic into any asylum shall transmit to the commissioners in lunacy a copy of the order mitted to com- and statement and certificate or certificates on which lunacy. such lunatic has been so received, together with a statement, to be made and signed by the medical officer of the asylum, not sooner than two clear days after such admission, according to the form in the said schedule (F), No. 4, to this Act annexed; and any clerk omitting so to make such entry, or to transmit such copy and statement within the time aforesaid, and every medical officer omitting to make or sign such statement, shall for every such offence forfeit any sum not exceeding twenty pounds. Copies trans missioners in $ 90. Weekly journal and case book to be kept. 257. In every asylum the medical officer thereof shall once in every week enter in a book to be kept for that purpose, to be called "The Medical Journal," a statement according to the form in the schedule (G), No. 3, showing the number of patients of each sex then in such asylums, the christian name and surname of every patient who is or has been under restraint or in seclusion since the last entry, and when and for what period and reasons, and in case of restraint by what means, and the christian name and surname of every patient under medical treatment, and for what, if any, bodily disorder, and every death, injury, and violence which shall have happened to or affected any patient since the then last preceding entry, and shall also enter into a book to be called "The Case Book," as soon as may be after the admission of any patient, the mental state and bodily condition of every patient at the time of his admission, and also |