supported in whole or in part by private subscription, without exacting any institutions for licence fee therefor; and such licence may be in name of the superintendent of children withsuch institution for the time being.

imbecile

out fee.

in asylums

8. WITH the sanction of the Board, agreements and arrangements may be Detention of made for the reception and detention of all or any of the pauper lunatics of pauper lunatics any district, county, or parish in any public, private, district, or parochial beyond the asylum or hospital within or beyond the limits of such district, county, or district, &c. parish.

limits of their

determine

9. SUBJECT to the provisions of the said first-recited Act and this Act, the Board to Board, on a full consideration of the circumstances, may determine from time whether to time whether the accommodation for any district is adequate, or what provision is adequate, &e. addition ought to be made thereto, or whether a new district asylum ought to be erected, and may in the event of a district board failing to take such steps as the Board may consider requisite toward providing accommodation for the district, or contracting with an existing asylum to such an extent and in such way as the Board may consider necessary, represent such failure to one of Her Majesty's Principal Secretaries of State, who may thereupon communicate such representation to the district board; and after considering any answer which Secretary of may be made thereto, within such time as he may appoint, such Secretary of authorize the State may authorize the Board to apply to the Court of Session in either Board to apply division, or during vacation to the Lord Ordinary on the Bills, by summary Session, &e. petition in common form, and the Court or Lord Ordinary shall, unless sufficient cause be shown to the contrary, on advising such petition, appoint a person at whose sight and instance the whole powers and duties of the district board relative to the providing of such accommodation shall be performed, at the expense of the district board.

State may

to Court of

to be relieved

10. ANY county or parish which has, prior to the date of the recited Act, Counties or provided accommodation for its lunatic paupers in whole or in part, to the viding asylum satisfaction of the Board, or which shall be entitled to such accommodation in accommodation any existing asylum, shall have such relief, partial or total, from assessments from assessfor building, furnishing, or maintaining an asylum for the district within ments. which such county or parish is situate, as the Board may consider reasonable.

district

11. In the case of any district asylum where it shall appear to the Board, or Additional to the district board (the consent of the Board being previously obtained), that grounds for it is desirable to acquire additional ground for the use of such asylum, it shall asylums. be lawful for the district board to acquire such additional ground from the proprietor or proprietors of the land immediately adjoining; and in the event of the parties failing to agree as to the price to be paid for such additional ground, the same shall be settled and determined in the manner prescribed by "The Lands Clauses Consolidation (Scotland) Act, 1845," with respect to the purchase and value of land otherwise than by agreement: Provided always, that the land so to be taken does not form part of any garden or pleasure ground, and shall not exceed five acres in extent: Provided also, that if the ground from which the same is taken forms part of a property not exceeding twenty acres in extent, it shall be lawful for the proprietor of the same to require that the remainder of such property shall also be acquired in the same manner by such district board.

Where there

is no district

asylum, board may dissolve itself, &c.

District boards may make provision for payment of borrowed

monies and interest by fixed annual instalments.

Lunatics to be admitted by

order of the

medical certificates.

12. IF in any district there shall be no district asylum, it shall be lawful for the district board of such district, with the sanction of the Board, to dissolve itself, and on the requisition and order of the Board such district board may again at any time be revived; and where there is no district asylum, the expenses incurred by the district board may be paid by the prison board out of the prison assessments; or where any ground has been acquired for the erection of a district asylum and now found not to be requisite either in whole or in part, it shall be lawful for the district board to sell and dispose of the same or of any part thereof, and to repay the proceeds, after payment of all expenses and liabilities incurred by the board, to the commissioners of supply for the county or magistrates of the burgh, as the case may be.

13. NOTWITHSTANDING anything in the said recited Acts to the contrary implied or expressed with respect to the borrowing of money for the purposes of said Acts, it shall be lawful for any district board to make provision for repayment of monies so borrowed, and of the interest thereof, by annual instalments of a fixed and uniform amount, so long as any part of the principal sums so borrowed remains unpaid.

14. THE thirty-fourth section of the first-recited Act is hereby repealed; and in lieu thereof, subject to the following provisions, the sheriff of any sheriff and on county in Scotland may grant an order for the reception into and detention in any asylum, lunatic ward of a poorhouse, or house as before provided, of any lunatic, if such lunatic be resident or be found within such county, or if the asylum, lunatic ward, or house mentioned in such order be situate within such county; but no such order shall be granted unless upon a petition subscribed by the party applying for the same, accompanied by a statement of particulars in the form of schedule (C.) to the first-recited Act annexed, and setting forth the degree of relationship or other capacity in which the petitioner stands to such lunatic, and also accompanied by certificates in the form of schedule (D.) to the first-recited Act annexed, bearing date within fourteen clear days next preceding the date of the petition, under the hands of two medical persons, having no immediate or pecuniary interest in the asylum in which the lunatic shall be placed, but one of whom may notwithstanding be the medical superintendent or consulting or assistant physician of such asylum, not being a private asylum; and such orders shall be in the form of schedule (E.) to the first-recited Act annexed; and no superintendent of any such public, private, or district asylum or house shall receive or detain any person as a lunatic therein, unless there shall be produced to and left with such superintendent such order by the sheriff, dated within fourteen clear days prior to the reception of such lunatic, or, if such order be granted by the sheriff of Orkney and Shetland, within twenty-one clear days prior thereto; provided, that the superintendent of any public, private, or district asylum may receive and detain therein, for any period not exceeding three days, and without any order by the sheriff, any person as a lunatic, whose case is duly certified to be one of emergency by one medical person qualified as aforesaid.

15. THE eighty-fifth section of the first-recited Act is hereby repealed; and Sheriff may commit danger- in lieu thereof, when any lunatic shall have been apprehended, charged with ous lunatics, assault or other offence inferring danger to the lieges, or when any lunatic shall be found in a state threatening danger to the lieges, or in a state offensive to public decency, it shall be lawful for the sheriff of the county in which

&c.

such lunatic may have been apprehended or found, upon application by the procurator fiscal or inspector of the poor, or other person, accompanied by a certificate from a medical person, bearing that the lunatic is in a state threatening such danger, or in a state offensive or threatening to be offensive to public decency, forthwith to commit such lunatic to some place of safe custody; and the sheriff shall thereupon direct notice to be given, in some newspaper circulated in the county within which such lunatic was apprehended or found, of such commitment, and that it is intended to inquire into the condition of such lunatic on an early day to be named, and shall also direct notice of the application to be given to the inspector of poor of the parish within which the lunatic has been apprehended or found (where the application is not presented by the inspector of such parish), and such further notice as he shall think fit; and if the inspector of the parish does not within twenty-four hours undertake, to the satisfaction of the sheriff, to make due arrangements for the safe custody of such lunatic, the sheriff shall accordingly proceed to take evidence of the condition of such lunatic; and upon being satisfied that he is a lunatic, and in a state threatening danger to the lieges, or offensive to public decency, he shall commit the lunatic to any asylum; and an order authorizing the superintendent of the asylum to which the lunatic may be committed to receive the lunatic, and authorizing the transmission of the lunatic to such asylum, shall be granted by the sheriff in respect of every such commitment; and such lunatic shall be detained in such asylum until cured, or until caution shall be found for his safe custody; in which last case it shall be lawful for the sheriff, upon application to that effect, and on being satisfied as to such caution, and the safety and propriety of such custody, to authorize the delivery of the lunatic to the person so finding security; and the sheriff, at the time of granting warrant to commit such lunatic to an asylum, or thereafter in proceedings following on the said application, shall pronounce a judgment finding the amount of the expenses connected with the said application, inquiry, and procedure, as the same shall be taxed, and shall grant decree for such expenses against the parish within which the lunatic shall have been apprehended or found at large, and in favour of the procurator fiscal, or other person (except the inspector of the poor) at whose instance such application shall have been made and such inquiry and procedure conducted, and shall also grant decree against such parish and in favour of the procurator fiscal or other such person (except the inspector of poor), or in favour of the superintendent or keeper of the asylum to which the lunatic shall have been committed, for such sum as may be necessary for the maintenance of such lunatic; and every such decree shall be final and conclusive, and not subject to review or reduction in any way or by any process whatsoever; but the parish so decerned against and paying such expenses and cost of maintenance shall have relief and recourse therefor against the lunatic and his estate, and any of his relatives legally liable for bis maintenance, and also against the parish of settlement of such lunatic in the event of the parish in which the lunatic was apprehended or found at large not being the parish of settlement as accords of law.

16. THE Board may, on the application of the person at whose instance any lunatic is detained, or in the absence of such person on the application of the nearest known relative of such lunatic, and in the case of a pauper lunatic on

On application

of person at

whose instance

a lunatic is

Board may authorize his removal or liberation on

ont an order of the sheriff.

detained, &c., the application of the inspector of poor of the parish by which the expense of the maintenance of the lunatic is defrayed, authorize the removal or transfer of any such lunatic from any asylum or house in which he is detained to any probation with other asylum or house legally set apart for the reception and detention of such persons, and without any order of the sheriff; and also on the like application respectively may grant authority for the liberation on trial or probation of any lunatic from any such asylum or house for such time and under such regulations as the Board may consider necessary or proper; and during such period of probation or trial the warrant and certificates on which the detention of such lunatic proceeded shall, in the event of his requiring to be again received into any such asylum or house, be sufficient for his reception and detention therein without a new warrant and certificate; and the superintendent of any such asylum or house shall be bound to receive any such lunatic into his establishment without any order from the sheriff, but shall, in all other respects, in so far as not inconsistent with this Act, be bound to comply with the whole other provisions relating to the reception, detention, and liberation of lunatics in the recited Acts and this Act contained, under the penalties therein and herein provided,

Superintendent

tion of recovery of a lunatic.

17. WHEN it shall appear to the superintendent of any asylum or house to give intima- that any lunatic detained therein has so far recovered that he may be safely liberated without risk or injury to the public or the lunatic, such superintendent shall grant a certificate to that effect, or procure one from the ordinary medical attendant of such asylum or house, and shall transmit a copy thereof to the person at whose instance such lunatic is detained, or in the absence of such person to the nearest known relative of the lunatic, and in the case of a pauper lunatic to the person or parish by whom the expense of the maintenance of the lunatic is defrayed; and on the failure, within fourteen days from the despatch of such copy certificate, of the person to whom the same was transmitted to take steps for the liberation of such recovered lunatic, such superintendent shall intimate the facts to the Board, who may direct such inquiry into the circumstances as they deem necessary; and if satisfied that the lunatic has recovered, or that he may be safely liberated without risk or injury to the public or himself, the Board may order his discharge forthwith.

If parochial board neglect

to provide for removal of a

pauper lunatic,

Board may

measures.

18. IF any parochial board, after intimation shall have been made to them in terms of section one hundred and twelve of the first-recited Act, and after requisition by the Board, shall refuse or neglect for twenty-one days after such requisition to provide for the removal of a pauper lunatic to an asylum, take necessary house, or lunatic ward of a poorhouse, the Board may take such measures as are necessary for the removal of such lunatic to an asylum, house, or lunatic ward of a poorhouse; and the whole expense of such removal, and all subsequent expenses incurred by the Board for maintenance and otherwise in respect of such lunatic, shall be recoverable by the Board, by ordinary process, from the parochial board refusing or neglecting to remove such pauper lunatic as aforesaid; but subject to any right of relief which such parochial board may legally have against the parish ultimately liable for the maintenance and support of such lunatic.

Insane

19. IF at any time within sixty days of the expiration of the sentence of prisoners may, any convict or other prisoner confined in the General Prison at Perth, it is on expiry of

certified, on soul and conscience, by two or more medical persons, that they have personally visited and carefully examined the prisoner within the said sixty days, and that he is in their opinion insane, and that his insanity is of a kind which renders it advisable that he should be detained in the lunatic department of the said General Prison rather than in a lunatic asylum, it shall be lawful for one of Her Majesty's Principal Secretaries of State, by a writing under his hand, to authorize such prisoner to be detained in the said General Prison after the expiration of his sentence, and such prisoner may thereupon be detained accordingly; provided, that it shall at any time thereafter be lawful for Her Majesty to give such order for the safe custody of such prisoner during Her Majesty's pleasure in such place and in such manner as to Her Majesty shall seem fit.

detention may General Prison

be carried out in

20. IF any person, having been charged under an indictment or criminal Orders for libel, shall be ordered by the court, under the provisions of the first-recited Act, to be kept in strict custody until Her Majesty's pleasure shall be known, such order, whether the General Prison at Perth be mentioned therein or not, or whether the name of any other prison or place be mentioned therein or not, shall be deemed and is hereby declared to be an order which may be carried into effect in the said General Prison (unless such order expressly directs that such person shall not be removed to the said General Prison); and the person to whom such order applies may (excepting in the case above provided) be removed thereto, under the provisions for the removal of prisoners contained in the Prisons (Scotland) Administration Act, 1860," and shall be detained 23 & 24 Vict. in such prison until Her Majesty's pleasure be known; and it shall thereafter c. 105. be lawful for Her Majesty to give such order for the safe custody of such person during Her Majesty's pleasure, in such place and in such manner as to Her Majesty shall seem fit; provided, that within eight days after the reception of such person within the said General Prison, intimation of such reception, under the hand of the governor of the General Prison, shall be transmitted to one of Her Majesty's Principal Secretaries of State, and also to the secretary of the Board.

intimated to

managers of

21. WHEN any such order shall be pronounced, the clerk of court shall Orders to be within eight days of the date thereof send intimation of such order, as nearly as may be, in the terms provided in section fifty-nine of the said Prisons prisons. Administration Act, to the managers appointed under the said Act. 22. If it shall be certified on soul and conscience by two medical persons Sentences for that they have personally visited and carefully examined a prisoner confined under sentence in a local prison, in terms of the said Prisons Administration Act, and that such prisoner is insane, the sentence, although for a shorter period than nine months, shall be deemed to be a sentence which may be carried into effect in the said General Prison; and such prisoner may be removed thereto, in terms of the provisions of the said Prisons Administration Act for the removal of prisoners.

23. IF, within fourteen days of the period when a prisoner in the said General Prison would fall to be liberated by expiry of sentence or otherwise, it shall be certified on soul and conscience by two medical persons that they have personally visited and carefully examined such prisoner, and that he is insane, such prisoner may be removed back to the local prison to which he had been committed until liberated in due course of law; and such removal

less than nine months may be carried out in General Prison.

Insane

be removed to local prison or

prisoners may

to an asylum.