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Lunacy is a partial derangement of the intellectual faculties, the senses returning at uncertain intervals; the offender is therefore only protected from punishment for acts done during the prevalence of his disorder. i Hale's
Hift. 31. 4 Black. Com. 21. Madness. Madness is a total alicnation of the mind and deprivation of memory.
i Hali's Hift. 30. All these defects, whether permanent or temporary, must be unequivocal and plain; not an idle frantic humour, or unaccountable mode of action, but an absolute disposlellion of the free and natural agency of the human
mind. & St. Tri. 322. i Hale's Hift. 30, 31, 32, 33: Mad by drunk- Hence therefore the artificial madness, which is
proenners, duced by drunkenness and intoxication, does not intitle a
man to the protection of the law.
For Sir Ed. Coke fays, a drunkard, who is voluntarius demon, or a voluntary madman, hath no privilege thereby; but what hurt or ill soever he doth, his drunkenness doth aggravate it. Co. Lit. 247.
And he thall be punished for it, as much as if he had
been sober. i Hawk. c. 1. f. 6. Hlow found In presumption of law every person of the age of such.
discretion is presumed of sane memory, unless the contrary be proved. i Hale's Hift. 33.
And this may appear either by the inspection of the court-by evidence given to the jury who are charged to try the indiclment-or being a collateral issue, the fact may be pleaded and replied to ore tenus, and a venise awarded returnable instanter in the nature of an inquest of office; and this method, in cases of importance, doubt, or difficulty, the court will in prudence and discretion adopt. i Hale 34, 35. loft. Cr. L. 46. 1 Hawk. Svo ed. 3. n. (5).
And if it be found that the party only feigns himself mad, and he still refuse to answer, he shall be dealt with as one that stands mute 2. i Hawk. c. 1. f. 4.
But if one who has committed a capital offence become non compos before conviction, he fhall not be arraigned; and if after conviction, he shall not be executed. i Hawk
c. 1.f.3. Such persons
However, although a person who wants discretion is answerable in
not punishable by any criminal profecution, yet if he coma civil action. mits a trespass against the person or possession of another,
2 By 12 Geo. 3.6. 20, in felony and piracy (see the general title MUTI) the judgment shall be the same on standing mute, as if the prisoner bad con feffed the indictment or appeal.
he shall be compelled in a civil action to give satisfaction for the damage. i Hale's Hift. 15, 16.
And he who incites a madman to do a murder, or other Irritating a crime, is a principal offender, and as much punishable as madman' to acts
of violence. if he had done it himself. i Hawk.c. 1.8.6.
By 17 Geo. 2. c. 5, when persons by lunacy or other- How lunatics wife are furiously mad, and dangerous to be permitted to may be restrain.
ed by justices of go abroad, it shall be lawful for two or more justices
peace. where such lunatic is found, by warrant directed to the conftables, churchwardens, and overseers, to cause such person to be apprehended, and kept safely locked up in some secure place within the county or precinct, as such juftices shall direct, and, if such justices find it neceffary, to be there chained, if the last legal settlement of such person be in any place within such county:
And if such' fettlement be not there, such person shall be sent to the place of his last legal settlement by a pass, mutatis mutandis; and shall be locked up or chained, by warrant of two justices of the county or precinct to which such person is to be sent :
And the charges of removing, and of maintaining and curing such person during such restraint (which shall be for such time only as such madness continues) shall be paid (being first proved upon oath) by order of two justices, directing the churchwardens or overseers, where any goods, lands, or tenements, of such person be, to seize and fell so much of the goods, or receive so much of the rents of the lands as is neceffary to pay the same, and to account for what is so seized, fold or received, to the next quarter sessions: but if such person hath not an estate to pay the same, over and above what is sufficient to inaintain his or her family, then such charges shall be paid by the parish or place to which such person belongs, by order of two justicęs directed to the churchwardens or overfeers. f. 20.
But this act shall not restrain or abridge the power of the king or lord chancellor, or the chancellor or vicechancellor of the county palatine of Lancaster, or the chamberlain or vice-chamberlain of the county palatine of Chester, concerning such lunatics, or reitrain any friend or relation of such lunatics from taking them under their own cares. . 21.
And any person aggrieved by any act of any justice out
3 For it is said that any one may confine a friend, who is mad, and bind and beat him in such a manner as is proper in such circumstances. 1 Hawk. 6. 60. 1. 23.
of sessions, may appeal to the next sessions, giving reafor. able notice ; whose order therein shall be final. s. 26.
The foregoing act relates only to vagrant lunatics who are strolling up and down the country, and does not extend to persons of rank and condition in the world, whose relations can take care of them properly by applying to the
court of Chancery. 2 Aik. Rep. 52. No person to By 14 Geo. 3. c.49, made perpetual by 26 Ge. 3. c. 91, keep a house
if any person in England, Wales, or Berwick upon Tweed, for the reception shall conceal, harbour, entertain or confine, in any house of lunatics, undels licensed or place kept for the reception of lunatics, more than
one lunatic at one time, without having such licence as is hereafter directed (except such as are committed by the
court of Chancery), such person shall forfeit sool. by the college
And such licences within London and Westminster, and of physicians, within seven miles of the same and within Middlefex, within 7 miles fhall be granted yearly, as in the said act is directed, by
commissioners appointed by the college of physicians. and by the
And no house which is not within London, or within quartes fefsions seven miles of the same, or within Middlesex, shall be kept elsewhere.
for the reception of more than one lunatic, unless such house shall be licensed by the quarter feflions for the county wherein fuch house shall be fituated. f. 22.
But no licence ihall be granted either by the commiffioners or justices, unless the person to whom such licence is granted, shall enter into recognizance to the king in 100l. with two fureties each in gol. or one surety in rool. for the good behaviour of such person. . 28. -
And the justices at any general quarter sessions are to grant licences to fuch perfons as shall apply, such persons paying for each licence, viz. for each house wherein there fhall be kept any lunatics, not exceeding ten, rol. and above ten, 15l. and no one licence thall authorise any person to keep more houses than one, nor shall such licence be granted for longer than one year; and the said justices fhall, at the time of granting such licences, appoint two justices, and also one physician, to inspect such houses; and the faid justices and physicians appointed, or two of them, whereof the physician to be one, may visit, in the day-time, every housc' licensed, as often as they fhall think fit. f. 23.
And the said justices and physician may, at every vifitation, if they think neceflary, make minutes in writing of the condition of every house which they shall vist, as to the care of the patients, and such other particulars as deferve notice, with their obfervations thereupon; which minutes fhall be entered in a register to be kept by the
clerk of the peace, a copy whereof shall be sent by the faid clerk of the peace, to the secretary to the commisioners of the college of physicians, to be by him inserted in a separate register; which registershall be kept in the same box, and in the same manner, as the register belonging to the said commissioners; and the faid clerk of the peace shall be paid such sum for his trouble as the justices shall direct; and all money to be paid for such licences as shall be granted by the faid justices, shall be paid to the clerk of the peace, who shall keep an aecount thereof in a book, and thall account for the same to the justices, as often as required; and all expences attending the execution of this act (except within London and Wejiminfier, and seven miles thereof, and within Middlesex) ihall be defrayed out of such money, in such manner as the justices fhall direct, 4. 24.
And at such general quarter seslion, when such justices and physician fhall be appointed, the clerk of the peace fhall take the like oath as is appointed to be taken by the secretary of the commissioners + f. 25.
And in case the keeper of any such house fhall, in the day-time, refuse the said justices and physician, on such visitation, admittance into such house, the keeper shall forfeit his licence. 6.26.
The keeper of any house not within London or Westmin. fier, or seven miles thereof, or within Middiesex, shall give such notice as aforcfaid of the receipt of every lunatic (except sent there by parish officers) to the secretary to the commissioners at the college, within fourteen days 5 : and
4 The form of such cath is as follows :
1, A B, do fryear, that I will faithfully execute all fuch
trufts as ball be committed to my charge, for executing an act of parliament made in the fourteenth year of the reign of King George the Third entitled, An ad for regulating madhouies; and that I will keep secret all such nraiters as fisall come to my knowledge, in the execution of my office (except when required to divulge the same by legal authority);
So help me God. $ That is to say, he shall cause notice thereof to be given to the secretary, esbich-fhall costain the name of every person received as a lun ric into fuch house, the name and place of abode of the perfen by whole direction such luDatic was sent, and alio the name and place of abode of the phytician, furgeon; of apothecary, by whose advice fuch direction was given; all which notices iball be bent sealed up, directed Torbe fecretary to tbe commiffioners for licenjara
to be lefi wiib ibc ácaule of be college of B 3
berfes for the reception of lunatics,
every keeper who shall admit or confine any lunatic, without an order in writing, under the hand and seal of some physician, surgeon, or apothecary, that such person is proper to be received into such house as a lunatic, or shall receive any lunatic having such order, and shall not give notice thereof to the secretary, shall forfeit sool. 1.27.
And the lord chancellor, or the lord chief justice of the King's Bench, or Common Pleas, may, by any written order directed to the commissioners of the college of physicians, or to the justices and physician appointed visitors, require the said commissioners, or three of them, or the said vilitors, or two of them, to inspect any house licensed ; and also to report to him or them touching such matters as shall in such orders be directed; and the said chancellor or chief justice of the King's Bench, or Common Pleas, may, by a like order, send for and inspect the register; and may summon and examine all persons concerned in the execution of this act, as often as necessary; and in case they fhall not obey such orders within two days, and not shew fufficient cause to the contrary, they shall be guilty of a contempt of court. f. 29.
But nothing in this act shall extend to any public hofpitals. f. 30.
And in all proceedings under writ of habeas corpus, and in all indictments, informations, and actions, for confining or ill-treating any subjects, in any of the said houses, the parties complained of shall justify their proceedings, according to the course of the common law. f. 31.
The penalties may be recovered by action of debt, by and in the name of the clerk of the peace for the county where the offence shall be committed ; and such penalties shall be applied, one moiety to the informer, and the other moiety for defraying the expences attending the execution of this act within such county. f. 32. Imprisonment. See Arretts, Commitment,
physicians in London ; all which notices the beadle is to receive, and deliver to the lecretary within two days, and the secretary is to file fuch notices, and cnter the same in the register within two days ; . 21.
And if any person thall apply to one of the commissioners, to be informed whether any particular person has been confined in any of the licensed houses, and the commisioners thail permit such inquiry to be made, and fign an order directed to the secretary, he' is to make search : and if it shall appear, that the person inquired after has been confined, the laid secretary Mall acquaint the persons with the names of the keeper, and of those by whose direction such person has been confined. . 19.