Power was given to Public Works Loan Commissioners to lend money for purposes of the Act, provision being made for the money borrowed being paid off within thirty years.
In case the district asylum could accommodate more than the lunatics of the district, other lunatics, it was enacted, might be admitted.
Whether the property of a lunatic was or was not under judicial management, if it was not property applied for his benefit, application was to be made to the Court of Session.
Provision was also made for cases where insanity stands in bar of trial; the finding of the Court that the prisoner cannot be tried, to be followed by an order to be kept in strict custody during her Majesty's pleasure; a lunatic acquitted of a criminal charge on the ground of insanity, to be kept in custody by order of court in such place as it may see fit, during her Majesty's pleasure; prisoners exhibiting insanity when in confinement to be removed to an asylum, to remain there until it should be certified to one of her Majesty's Principal Secretaries of State by two medical men that such person has become of sound mind; whereupon the Secretary of State was authorized, if such person's term of imprisonment had not ended, to issue his warrant to the superintendent, directing that such person should be removed back to prison, and if no longer subject to imprisonment, that he should be discharged.
With regard to the liberation of patients from asylums, the certificates of two medical men approved by the sheriff were required, eight days' notice being given to the person at whose instance such lunatic was detained; the patient released to be entitled to a copy of order, certificate, etc., on which he was confined.
The punishment of maltreating any lunatic was a fine not exceeding £100, or imprisonment for any period not exceeding six months, without prejudice to action for damages.
Power was granted to the Secretary of State to order a special visitation of any place where a lunatic was represented to be confined.
The inspectors of the poor were to give intimation of pauper lunatics within their parishes.
The importance of this Act is enhanced by the fact that its framers had the advantage of a knowledge of the working of the great Acts of 1845 and 1852 in England and Wales.