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Commissioners may cause

Inspection of Works and make the

Drainage Maintenance (Ireland).

19. It shall be lawful for the Commissioners from Time to Time to cause Inspection to be made by some Engineer or other competent Person of the Works executed in any District under the said Acts or any of them; and if it shall appear from the necessary Re- Report of the Person so appointed that the Works in any such pairs. District have not been kept and maintained in good Order, Repair, and Condition, so as in the Opinion of the Commissioners to be fit and proper for their intended Purposes, or that any sudden Breach or Damage has occurred to any Embankment or other Work in any such District, it shall be lawful for the Commissioners to cause a Notice, addressed to the Trustees or Drainage Board of such District, to be served or published as herein-before is directed, calling upon them to execute such Works as in the Opinion of the Commissioners the Circumstances of the Case shall render necessary (and the Nature of which shall be stated in such Notice) within such Period as shall be therein mentioned, and informing them that in default thereof such Works will be executed by the Commissioners pursuant to the Provisions of this Act; and in case such Works shall not be executed in accordance with the Terms of such Notice, it shall be lawful for the Commissioners, by and with the Sanction of the Lords Commissioners of Her Majesty's Treasury, to make and execute all such Works as they may consider necessary and proper for the due and efficient Repair of such Works, and for the Purposes aforesaid the Commissioners shall possess all the Powers so herein-before expressed to be conferred upon the Trustees of any Drainage District or any Drainage Board as aforesaid; and the Commissioners, after the Completion of such Works, shall make an Order declaring the Amount expended by them in such last-mentioned Works, including the Expense of any preliminary Survey as aforesaid, and of any Superintendent appointed by the Commissioners, and declaring that such Amount, together with Interest thereon from such Date as in such Order shall be mentioned, shall be charged on the Lands and Proprietors in such Districts, and such Order shall have the like Effect in all respects, and all the Provisions of this Act shall apply thereto in like Manner, as if the same were an Order of the Commissioners made in pursuance of the Provisions herein-before contained, and called the Charging Order.

Order to be
Evidence.

20. Any Order purporting to be made by the Commissioners by virtue of this Act, or any Copy thereof sealed by the Commissioners, shall be conclusive Evidence in all Courts of Justice and elsewhere that all the Preliminaries required by this Act in order to the due making of such Order have been duly complied with, and that the Superintendent in such Order named has been duly appointed, and that all and every the Sums of Money in such Order mentioned have been duly charged on the Lands in such District, pursuant to the Provisions of this Act; and any Certificate of the Commissioners stating that any Monies therein mentioned have been advanced or expended under the Provisions of this Act shall be in like Manner conclusive Evidence that such Monies have been so advanced or expended.

21. The

Drainage Maintenance (Ireland).

Burials (Scotland).

poration, and be taken by Proceedings to them as such.

21. The Commissioners of Public Works shall be a Corpora- Commissioners tion for the Purposes of this Act, with perpetual Succession and to be a Cora Common Seal; and all Actions and other Proceedings to be taken for the Purpose of recovering any Sums charged, rated, or assessed by virtue of this Act shall be taken by the said Commissioners so incorporated; and all Costs, Charges, and Expenses properly incurred in and about the same shall be deemed Part of the Expenses incidental to the said Works to be executed as aforesaid.

22. All Orders, Warrants, or Certificates made by the Commissioners under this Act shall be under the Seal of the Commis

sioners.

Orders, &c. to be sealed by Commissioners.

23. Any Person who obstructs any Person in making any of Penalty for
the Drains, or Improvements in Drains, made and executed under obstructing cr
any of the Acts herein-before mentioned or referred to, or in this injuring
Works.
Act, and any Person who dams up, obstructs, or permits to be

dammed
up or obstructed, or in any way injure or permit to be
injured, any Drains so opened or made, or injures or permits to
be injured any of the Banks or other Works made or constructed
in any such District, shall for each such Offence incur a Penalty
not exceeding Ten Pounds, to be recovered in a summary Manner
before Two or more Justices at Petty Sessions, and all such
Penalties shall be paid to the Trustees or Drainage Board, as the
Case may be, for the District in which such Offence may be
committed.

24. The Term "Commissioners" in this Act shall mean "the Construction Commissioners of Public Works in Ireland;" and this Act shall of Terms. be read and construed together with the said Act of the Fifth and Sixth Years of Her Majesty, Chapter Eighty-nine, and the Acts amending the same; and also with the said Act of the Twenty-sixth and Twenty-seventh Years of Her Majesty, Chapter Eighty-eight, and the Acts amending the same. The Definition of the Term Proprietor" in the Act of Fifth and Sixth of Her Majesty, Chapter Eighty-nine, shall apply to this Act.

6

66

CA P. L.

An Act to revive Section Sixty-nine of "The Nuisances Removal (Scotland) Act, 1856," relating to Burials in [16th July 1866.]

Burghs.

W

HEREAS an Act was passed in the Session held in the 19 & 20 Vict.
Nineteenth and Twentieth Years of Her Majesty Queen c. 103. s. 69.

Victoria, being the Nuisances Removal (Scotland) Act, 1856,

Section Sixty-nine of which Act contains certain Provisions for

the Amendment of the Act of the Eighteenth and Nineteenth 18 & 19 Vict.

of Her Majesty Queen Victoria, being the Burial Grounds c. 68. (Scotland) Act, 1855, so as to make the last-mentioned Act

available in Burghs comprehending Parts of more than One 'Parish:

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And whereas by the General Police and Improvement (Scot- 25 & 26 Vict.

land) Act, 1862, the said Section Sixty-nine of the Nuisances c. 101.

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Removal (Scotland) Act, 1856, was inadvertently repealed:'

be

19 & 20 Vict. c. 103. s. 69. re-enacted.

All Proceedings under

18 & 19 Vict. c. 68. and in Terms of said 69th Section to be valid.

Short Title.

20 & 21 Vict. c. 71.

21 & 22 Vict. c. 89.

25 & 26 Vict. c. 54.

27 & 28 Vict. c. 59.

Burials in Burghs (Scotland).

Lunacy (Scotland).

Be it therefore 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:

1. That the First Section of the said General Police and Improvement (Scotland) Act, 1862, be and the same is hereby repealed, in so far, but in so far only, as the same repeals and affects Section Sixty-nine of the Nuisances Removal (Scotland) Act, 1856, above recited: And the said Section Sixty-nine is hereby re-enacted and restored, and declared to be in full Force and Effect.

2. All Proceedings adopted and taken or to be adopted and taken under or in Terms of the Act passed in the Eighteenth and Nineteenth Years of the Reign of Her Majesty Queen Victoria, being the Burial Grounds (Scotland) Act, 1855, and under and in Terms of the Sixty-ninth Section of the Nuisances Removal (Scotland) Act, 1856, or either of them, shall be equally valid and effectual as if the said Section Sixty-nine had never been repealed.

3. This Act may be cited as the Burial in Burghs (Scotland) Act, 1866.

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C A P. LI

An Act to amend the Acts relating to Lunacy in Scotland,
and to make further Provision for the Care and Treat-
ment of Lunatics.
[16th July 1866.]
W HEREAS an Act was passed in the Twentieth and

Twenty-first Year of the Reign of Her present Majesty,
'intituled An Act for the Regulation of the Care and Treatment
of Lunatics, and for the Provision, Maintenance, and Regula-
'tion of Lunatic Asylums, in Scotland; and another Act was
passed in the Twenty-first and Twenty-second Year of the
Reign of Her present Majesty, intituled An Act to amend an
Act of the last Session for the Regulation of the Care and
Treatment of Lunatics, and for the Provision, Maintenance,
' and Regulation of Lunatic Asylums, in Scotland; and another
Act was passed in the Twenty-fifth and Twenty-sixth Year of
the Reign of Her present Majesty, intituled An Act to make
farther Provision respecting Lunacy in Scotland; and another
Act was passed in the Twenty-seventh and Twenty-eighth
Year of the Reign of Her present Majesty, intituled An Act to
'continue the Deputy Commissioners in Lunacy in Scotland, and
to make farther Provision for the Salaries of the Deputy Com
missioners, Secretary, and Clerk of the General Board of
Lunacy in Scotland: And whereas it is expedient that the
said Deputy Commissioners should be continued, that certain of
the Provisions of the said Acts should be amended, and that
farther Provision should be made for the Regulation of the Care
and Treatment of Lunatics, and for the Regulation of Lunatic
Asylums, in Scotland:'

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Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem

poral,

Lunacy Acts (Scotland) Amendment.

poral, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

1. This Act may be cited as "The Lunacy (Scotland) Act, Short Title. 1866,"

2. This Act shall be construed with the recited Acts as One Construction of Act, and this Act and the said recited Acts may be recited Act. together as the Lunacy (Scotland) Acts.

3. The Provisions of the Twentieth and Twenty-first Victoria, Continuance Chapter Seventy-one, first recited, and of the Twenty-seventh of Deputy Commissioners. and Twenty-eighth Victoria, Chapter Fifty-nine, last recited, in regard to the Appointment and Salary of Deputy Commissioners, shall be and are hereby continued until Parliament shall otherwise determine.

any

Certificates.

4. It shall not be lawful for the Medical Superintendent, Medical Officers ordinary Medical Attendant, or Assistant Medical Officer of of Asylums Asylum, to grant a Certificate of Insanity for the Reception of may not grant any Lunatic, not a Pauper Lunatic, into such Asylum, except the Certificate of Emergency authorized by Section Fourteen of the third-recited Act.

:

5. Section Thirty-six of the first-recited Act is hereby repealed and in lieu thereof be it enacted, That if after the Reception of any Lunatic into any Asylum or House it appears that any Order or Medical Certificate upon which he was received is in any respect incorrect or defective, such Order or Medical Certificate may be amended by the Person who has granted the same at any Time within Twenty-one Days 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 the Board, and, failing such Amendment, it shall be lawful for the Board to report such Failure to the Sheriff, who shall, if satisfied that the original Order or Medical Certificates are in any respect incorrect or defective, and of the Failure to amend them, recal such original Order.

6. In every Case in which any Lunatic or any Person who has entered an Asylum for Treatment under Authority of this Act is temporarily absent from the Asylum or House for his Reception into which the Order was given, or shall escape from such Asylum or House, or from the Care of the Officers thereof, such Order shall remain in force in the same Manner as if such Lunatic or Person as aforesaid were not absent or had not escaped: Provided always, that such Lunatic or Person as aforesaid shall return or be brought back to such Asylum or House within a Period not *xceeding Twenty-eight Days from the Day on which he left or scaped from such Asylum or House, or within a Period of Three Months where such Lunatic or Person as aforesaid is accompanied by or remains under the Care of the Officers or Attendants of such Asylum or House.

Orders and Medical Certificates may be amended.

Orders to
remain in force
although
from Asylum.

Patient absent

7. The Powers conferred by the Sheriff's Order for the Recep- Determination tion and Detention of any Lunatic in any Asylum or House shall of Orders. cease and determine with the Notice of Discharge of such Lunatic given by the Superintendent of such Asylum or House to the Board; and in no Case shall the Sheriff's Order remain in force

longer

Discharge on Probation of Pauper Lunatics.

Discharge of Pauper Lunatics by Authority of Parochial

Board.

Inspector of

Poor to intimate Removal of Pauper Lunatics.

Lunacy Acts (Scotland) Amendment.

longer than the First Day of January first occurring after the Expiry of Three Years from the Date on which it was granted, or than the First Day of January in each succeeding Year, unless the Superintendent or Medical Attendant of the Asylum or House in which the Lunatic is detained shall, on each of the said First Days of January, or within Fourteen clear Days immediately preceding, grant and transmit to the Board a Certificate, on Soul and Conscience, according to the Form of Schedule A. hereunto annexed, that the Detention of the Lunatic is necessary and proper, either for his own Welfare or the Safety of the Public.

8. Every Pauper Lunatic who is discharged on Probation from any Asylum or House shall remain subject to Inspection by the Commissioners during the Period of Probation; and it shall not be lawful for the Parochial Board to take any such Pauper Lunatic off the Poor's Roll, or to alter the Conditions on which probationary Discharge was granted, without the Sanction of the Board, during the Period of Probation; and every Inspector of the Poor who shall infringe these Provisions shall be liable in a Penalty not exceeding Ten Pounds.

9. It shall be lawful for any Parochial Board, by a Minute at a duly constituted Meeting, to direct that any Pauper Lunatic (not being a Lunatic committed as a dangerous Lunatic under the Fifteenth Section of the third-recited Act) with whose Maintenance it is chargeable, and who is detained in any Asylum or House, shall be discharged or removed therefrom; and if a Copy of such Minute, certified to be a true Copy by the Chairman for the Time of such Parochial Board, be produced to and left with the Superintendent of such Asylum, he shall, within Seven Days from the Production of such Minute, discharge such Lunatic, or cause or suffer such Lunatic to be discharged: Provided always, that, on the written Representation of such Superintendent that such Lunatic is dangerous to himself or the Public, or in any other Way not a fit Person to be discharged, it shall be lawful for the Board, after making such Investigation as they shall think expedient, to prohibit the Discharge of any such Lunatic; and any Inspector of the Poor removing any Pauper Lunatic from an Asylum or House against the written Representation of the Superintendent of such Asylum or House, without the Sanction of the Board, shall be liable in a Penalty not exceeding Ten Pounds.

10. Whenever any Pauper Lunatic has been removed from an Asylum or House by a Minute of the Parochial Board, the Inspector of the Poor shall, within Fourteen Days, intimate to the Board the Date of Removal, the Situation of the House to which he has been removed, the Christian Name and Surname of the Occupierreof, and the Amount and Nature of the Parochial Allowances made to such Pauper Lunatic, and that under a Penalty of Ten Pounds; and it shall not be lawful for the said Parochial Board to remove such Lunatic to any other House, or to make any Alteration in the Nature and Amount of the Parochial Allowances, without the same being communicated within Fourteen Days, by the Inspector of the Poor, to the Board, under a

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