25 and 26 Vict., c. 111, "The Lunacy Acts Amendment Act, 1862."
In consequence of the importance of the Act of 1862, the Commissioners issued the following circular noting its chief provisions:—
Private Patients.
Sec. 23.—The order must be dated within one month prior to reception; the person signing the order must himself have seen the patient within one month prior to its date; and a statement of the time and place when the patient was so seen must be appended to the order.
Sec. 25.—When possible, every order must contain the name and address of one or more relations of the lunatic, to whom notice of the death of a lunatic must be sent.
Sec. 24.—Besides the persons hitherto prohibited from signing certificates and orders, the following also are now disqualified:—Any person receiving any percentage on or otherwise interested in the payments for patients, and the medical attendant as defined in the Lunacy Act, c. 100. Also 15 and 16 Vict., c. 96, s. 12; c. 97, s. 76.
Sec. 26.—Where a patient received as a pauper is made a private patient, no fresh order or certificate is required, and vice versâ.
Sec 28.—With the exception of the statement by the medical officer as to a patient's mental and bodily condition, all the documents heretofore required to be sent to the Commissioners after two or before seven clear days from the reception of the patient, must in future be sent within one clear day from such reception. The medical officer's statement is, as heretofore, not to be sent until after two and before seven clear days.
Letters of Patients.
Sec 40.—Without special directions to the contrary, letters addressed to the Commissioners, committees of Visitors, committees of a hospital, and the Visitors of licensed houses, must be forwarded unopened. Other letters must also be forwarded, unless, by an endorsement thereon, the superintendent or other person having charge of patients should prohibit their transmission. Letters so endorsed to be laid before Commissioners, committees, or Visitors at next visit.
Sec. 38.—Absence on trial may be permitted to patients, in the same way as leave of absence for the benefit of health is permitted under s. 86, c. 100.
Sec. 43.—In the absence of any person qualified to discharge, a discharge or removal may be ordered by the Commissioners.
Pauper Patients.
Sec. 25.—The order must contain the name and address of one or more relations of the lunatic, and notice of the death of the lunatic must be sent to such relation.
Sec. 38.—A pauper permitted to be absent on trial from a licensed house or hospital may have such an allowance made to him by order of the Commissioners, Visitors, or committees as would be charged for him were he in the house or hospital.
Licensed Houses and Hospitals.
Secs. 14 and 15.—No fresh licence can be granted by justices without inspection and report by the Commissioners. Notices of alterations in houses licensed by justices must be given to Commissioners. Their report must be considered by the justices before licence is granted or alterations are consented to.
Sec. 16.—The physician, surgeon, or apothecary not being a licensee, where any such is by law required to reside in or visit a licensed house, must in the metropolitan district be approved of by the Commissioners, and in the provincial district by the visiting justices.
A penalty is imposed on any person infringing the terms of his licence as to numbers, sex, or class.
Sec. 18.—With consent of two of the Commissioners, or, in the case of the provincial licensed houses, of two of the Visitors, a person who may have been a patient within five years immediately preceding, may be received as a boarder into a licensed house (extension of c. 96, s. 6).
Sec. 29.—Licensed houses may be visited at any time by one or more of the Commissioners or Visitors, but in the metropolitan district they must be so visited twice in the year, in addition to the present visits by two Commissioners, and in the provincial districts similarly by Visitors. Commissioners and Visitors visiting singly have substantially the same powers of inspection and inquiry as when visiting together. To these the sixty-second section of the Act does not apply.
Sec. 39.—A penalty is now imposed on any officer or servant conniving at an escape.
Sec. 43.—In the absence of any person qualified under ss. 72, 73, c. 100, the Commissioners may order discharge or removal of a patient.
Sec. 38.—Absence on trial may be permitted to patients, in the same way as leave of absence for the benefit of health is permitted under s. 86, c. 100.
Medical Certificates.
Sec 27.—Where medical certificates have been returned with a written direction of the Commissioners for amendment, and such amendment shall not have been made within fourteen days, the Commissioners may order the patient's discharge.
Sec. 22.—Lunatics so found by inquisition may be received without certificate on an order of the committee, accompanied by an official copy of the order appointing such Committee.[316]
Workhouses.
The Poor Law Board issued a circular at the same time. The only paragraph which it is of interest to cite here is the following:—"The eighth section empowers the Visitors of any asylum and the guardians of any parish or union within the district for which the asylum has been provided, if they shall see fit, to make arrangements, subject to the approval of the Commissioners in Lunacy and the President of the Poor Law Board, for the reception and care of a limited number of chronic lunatics in the workhouse of such parish or union, to be selected by the superintendent of the asylum and certified by him to be fit and proper so to be removed. The Board are at present not aware of any workhouse in which any such arrangement could conveniently be made; but they will be ready to consider any such proposals on the subject when the Visitors of the Board of Guardians of any union shall find it convenient or practicable to act upon this clause."