Lunatic Asylums Act 1853

Publication Date:January 01, 1853
 
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Anno Regni VICTORI, Britanniarum Regin, Decimo Sexto & Decimo Septimo. An Act to consolidate and amend the Laws for the Provision and Regulation of Lunatic Asylums for Counties and Boroughs, and for the Maintenance and Care of Pauper Lunatics, inEngland.

(16 & 17 Vict.) C A P. XCVII.

[20th August 1853]

BE it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-I

I. The following Acts relating to Lunatic Asylums for Counties and Boroughs, and the Maintenance and Careof Pauper Lunatics, inEngland , (that is to say,) an Act of the Session holden in the Eighth and Ninth Years of Her Majesty, Chapter One hundred and twenty-six, an Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter Eighty-four, and an Act of the Session holden in the Tenth and Eleventh Years of Her Majesty, Chapter Forty-three, shall be repealed; but such Repeal shall not interfere with or affect any Appointment, Salary, or Annuity made or granted or Act done, or Agreement or Contract entered into or made, or prevent or defeat any Prosecution or Proceeding for any Offence committed or any Penalty or Forfeiture incurred before the Commencement of this Act, but every such Agreement or Contract shall and may (subject to the Provisions herein-after contained in relation thereto) be carried into effect and enforced, and every such Offence prosecuted and every such Penaltyand Forfeiture sued for, recovered, and applied, and every pending Prosecution or Proceeding continued, in like Manner as if this Act had not been passed.

S-II Justices of County and Borough not having a Lunatic Asylum to provideone, and before a certain Time give Notice of Intention to appoint a Committee for that Purpose.

II Justices of County and Borough not having a Lunatic Asylum to provideone, and before a certain Time give Notice of Intention to appoint a Committee for that Purpose.

II. The Justices of every County and (save as herein-after otherwise provided) of every Borough not having an Asylum for the Pauper Lunatics thereof, shall provide an Asylum in manner herein directed, (that is to say,) the Justices of every such County and the Recorder of every such Borough shall at or before the General or Quarter Sessions for such County or Borough next after the Twentieth Day ofDecember One thousand eight hundred and fifty-three direct public Notice to be given by the Clerk of the Peace of such County or Borough in some Newspaper or Newspapers commonly circulated in such County or Borough, of the Intention of the Justices of such County or Borough to appoint at the then next General or Quarter Sessions for such County, or (in the Case of a Borough) at a Special Meeting of the Justices of such Borough to be fixed in such Notice, and to be holden within Three Months from the Date thereof, a Committee of Justices to provide an Asylum for the Pauper Lunatics of such County or Borough, under the Provisions of this Act: and the Clerk of the Peace of such County or Borough shall, within Ten Days after being so directed as aforesaid, cause such Notice to be given accordingly.

S-III Justices to appoint a Committee to superintend the providing of an Asylum, or totreat for uniting with some County, &c., or to effect one or other of such Purposes.

III Justices to appoint a Committee to superintend the providing of an Asylum, or totreat for uniting with some County, &c., or to effect one or other of such Purposes.

III. The Justices of every such County and Borough respectively (such Notice having been given as aforesaid) shall at the then next General or Quarter Sessions for such County, or at such Special Meeting as aforesaid of the Justices of such Borough, either themselves determine in which of the Modes herein-after mentioned an Asylum shall be provided for such County or Borough, or shall refer the Selection to the Committee to be appointed as herein-after mentioned, and shall elect some Justices of such County or Borough to be a Committee to provide such Asylum, and may authorize such Committee to provide such Asylum, in such of the Modes herein-after mentioned as the said Justices shall have determined, (that is to say,) to superintend the erecting or providing of an Asylum for the Pauper Lunatics of such County or Borough for such County or Borough alone, or to treat and enter into an Agreement for uniting with any County or Counties, Borough or Boroughs, alone or together with the Subscribers to any Hospital for the Reception of Lunatics, established or in course of Erection, or afterwards to be established, or for uniting with any County or Counties and Borough or Boroughs jointly, or jointly and also together with the Subscribers to any such Hospital as aforesaid, in erecting or otherwise providing an Asylum under or for the Purposes of this Act, as the Justices appointing such Committee may have determined, or in case the said Justices appointing such Committee think fit to refer the Selection of the Mode in which such Asylum shall be provided to the Committee, they may authorize such Committee to provide such Asylum in such of the Modes aforesaid as to the Committee may seem best; and any Committee so authorized to treat and enter into an Agreement may treat and enter into such Agreement with any Committee or Committees having due Authority in that Behalf under this Act, or any former Act, for any County or Counties, Borough or Boroughs, or on behalf of any such Subscribers as aforesaid, and with any Committee of Visitors of any existing Asylum, and whether or not any previous Agreement for uniting may have been already entered into between some of the Parties under this Act or any former Act; and by any such Agreement to be entered into as aforesaid the several Committees, Parties thereto, may, to the Extent of their Authority, in lieu of agreeing to erect or provide an Asylum, or in addition thereto, and in consideration of any Payment in gross or of the Payment of any Sum in the Nature of Rent or otherwise, agree for the joint Use of any existing Asylum or Hospital, and, where they think fit, for enlarging the same.

S-IV Subscribers to any Hospital empowered to appoint a Committee to treat for uniting with any County or Borough, &c.

IV Subscribers to any Hospital empowered to appoint a Committee to treat for uniting with any County or Borough, &c.

IV. It shall be lawful for the major Part of such of the Subscribers to any such Hospital as aforesaid as shall be present at any Meeting of such Subscribers called together expressly for this Purpose by Advertisement in a Newspaper commonly circulated in the Place where such Hospital is or is intended to be situate, to elect any Number of such Subscribers not exceeding Five to be a Committee to treat and enter into an Agreement for uniting with any County or Counties or Borough or Boroughs alone, or any County or Counties and Borough or Boroughs jointly, under and for the Purposes of this Act; and where any such Agreement has been or shall be entered into under any former Act or this Act, nothing in this Act shall prevent the Reception into the Asylum provided under such Agreement, or the Discharge therefrom, of so many of any Lunatics other than Pauper Lunatics as might have been received into such Hospital or Asylum if this Act had not been passed.

S-V Committees of Visitors of existing Asylums may enter into Agreements to unite.

V Committees of Visitors of existing Asylums may enter into Agreements to unite.

V. It shall be lawful for the Committee of Visitors of any Asylum already provided for any County or Borough, alone or otherwise, to enter into an Agreement for uniting for the Purposes of this Act with any County or Counties, Borough or Boroughs, alone or together with the Subscribers to any such Hospital as aforesaid, or for uniting with any County or Counties and Borough or Boroughs jointly, or jointly and also together with the Subscribers to any such Hospital.

S-VI Saving where a Committee is already appointed, or Proceedings for the Appointment of a Committee have been commenced.

VI Saving where a Committee is already appointed, or Proceedings for the Appointment of a Committee have been commenced.

VI. Provided always, That where a Committee has been appointed before the Commencement of this Act for any County or Borough for any of the Purposes aforesaid, or Proceedings have been taken for or towards the Appointment of a Committee for any of the said Purposes, nothing herein contained shall render it necessary to proceed afresh to the Appointment of a Committee for any of such Purposes; and any Proceedings already taken as aforesaid shall remain in force and be continued; and all the Provisions of this Act shall be applicable to any such Committee already appointed, or to be appointed under such Proceedings, in like Manner as if such Committee had been appointed under the Provisions of this Act.

S-VII Justices of Boroughs may contract with Committees of Visitors, &c. for Reception of the Pauper Lunatics of the Borough.

VII Justices of Boroughs may contract with Committees of Visitors, &c. for Reception of the Pauper Lunatics of the Borough.

VII. Provided also, That it shall be lawful for the Justices of any such Borough as aforesaid, at such Special Meeting, if they think fit, in lieu of electing a Committee to superintend the erecting or providing of an Asylum, or to treat for uniting, as herein-before mentioned, or to effect either of such Purposes, to elect a Committee of Justices of such Borough to contract with any Committee of Visitors of any existing Asylum, or any Committee providing or about to provide an Asylum, whether for any County or Borough, alone or otherwise, for the Reception of the Pauper Lunatics of such first-mentioned Borough into such Asylum, in consideration of such Payment in gross, or such annual or periodical...

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