Lunacy, Madness. Mad by drunkenness. How found fuch. Such perfons anfwerable in a civil action. Lunacy is a partial derangement of the intellectual faculties, the fenfes returning at uncertain intervals; the offender is therefore only protected from punishment for acts done during the prevalence of his diforder. 1 Hale's Hift. 31. 4 Black. Com. 24. Madness is a total alienation of the mind and deprivation of memory. 1 Hale'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 abfolute difpoffeffion of the free and natural agency of the human mind. 8 St. Tri. 322. 1 Hale's Hift. 30, 31, 32, 33. Hence therefore the artificial madnefs, which is produced 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 foever he doth, his drunkenness doth aggravate it. Co. Lit. 247. And he thall be punished for it, as much as if he had been fober. 1 Hawk. c. 1. f. 6. In prefumption of law every perfon of the age of difcretion is prefumed of fane memory, unless the contrary be proved. 1 Hale's Hift. 33. And this may appear either by the infpection of the court-by evidence given to the jury who are charged to try the indictment-or being a collateral iffue, the fact may be pleaded and replied to ore tenus, and a venire awarded returnable inftanter in the nature of an inqueft of office; and this method, in cafes of importance, doubt, or difficulty, the court will in prudence and difcretion adopt. 1 Hale 34, 35. Fost. 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 refufe to anfwer, he fhall be dealt with as one that ftands mute 2. 1 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 fhall not be executed. 1 Hawk. c. 1. f. 3. However, although a perfon who wants difcretion is not punishable by any criminal profecution, yet if he commits a trespass against the perfon or poffeffion of another, 2 By 12 Geo. 3. c. 20, in felony and piracy (fee the general title MUT) the judgment shall be the fame on ftanding mute, as if the prifoner had confeffed the indictment or appeal. he he fhall be compelled in a civil action to give fatisfaction for the damage. 1 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 if he had done it himself. 1 Hawk. c. 1. f. 6. of violence. peace. By 17 Geo. 2. c. 5, when perfons by lunacy or other- How lunatics wife are furiously mad, and dangerous to be permitted to may be reftrained by juftices of go abroad, it fhall be lawful for two or more justices where fuch lunatic is found, by warrant directed to the conftables, churchwardens, and overfeers, to caufe fuch perfon to be apprehended, and kept fafely locked up in fome fecure place within the county or precinct, as fuch juftices fhall direct, and, if fuch juftices find it neceffary, to be there chained, if the laft legal fettlement of fuch perfon be in any place within fuch county: And if fuch fettlement be not there, fuch person shall be sent to the place of his laft legal settlement by a país, mutatis mutandis; and fhall be locked up or chained, by warrant of two juftices of the county or precinct to which fuch person is to be sent: And the charges of removing, and of maintaining and curing fuch perfon during fuch reftraint (which fhall be for fuch time only as fuch madness continues) thall be paid (being first proved upon oath) by order of two juftices, directing the churchwardens or overfeers, where any goods, lands, or tenements, of fuch perfon be, to feize and fell fo much of the goods, or receive fo much of the rents of the lands as is neceffary to pay the fame, and to account for what is fo feized, fold or received, to the next quarter feffions: but if such person hath not an estate to pay the fame, over and above what is fufficient to maintain his or her family, then fuch charges fhall be paid by the parish or place to which fuch perfon belongs, by order of two juftices directed to the churchwardens or overfeers. f. 20. But this act fhall not reftrain 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 Chefter, concerning fuch lunatics, or reftrain any friend or relation of fuch lunatics from taking them under their own care3. f. 21. And any perfon aggrieved by any act of any justice out 3 For it is faid, that any one may confine a friend, who is mad, and bind and beat him in fuch a manner as is proper in fuch circumftances. 1 Hawk. <. 60. f. 23. No perfon to of lunatics, unlefs licenfed by the college of phyficians, of feffions, may appeal to the next feffions, giving reafone able notice; whofe order therein fhall be final. . 26. The foregoing act relates only to vagrant lunatics who are ftrolling up and down the country, and does not extend to perfons of rank and condition in the world, whofe relations can take care of them properly by applying to the court of Chancery. 2 Atk. Rep. 52. By 14 Geo. 3. c. 49, made perpetual by 26 Gec. 3. c. 91, if any perfon in England, Wales, or Berwick upon Tweed, fhall conceal, harbour, entertain or confine, in any house or place kept for the reception of lunatics, more than one lunatic at one time, without having fuch licence as is hereafter directed (except fuch as are committed by the court of Chancery), fuch perfon fhall forfeit 500l. f. 1. And fuch licences within London and Westminster, and within feven miles of the fame and within Middlesex, within 7 miles fhall be granted yearly, as in the faid act is directed, by commiffioners appointed by the college of phyficians. of London; and by the quarter feffions elsewhere. And no houfe which is not within London, or within feven miles of the fame, or within Middlefex, fhall be kept for the reception of more than one lunatic, unless fuch houfe fhall be licenfed by the quarter feffions for the county wherein fuch house shall be situated. f. 22. But no licence fhall be granted either by the commiffioners or juftices, unlefs the perfon to whom fuch licence is granted, fhall enter into recognizance to the king in 100l. with two fureties each in 5ol. or one furety in 100l. for the good behaviour of fuch perfon. . 28.1 And the juftices at any general quarter feffions are to grant licences to fuch perfons as fhall apply, fuch perfons paying for each licence, viz. for each houfe wherein there hall be kept any lunatics, not exceeding ten, 10%, and above ten, 157 and "o one licence fhall authorise any perfon to keep more houfes than one, nor fhall fuch licence be granted for longer than one year; and the said juftices fhall, at the time of granting fuch licences, appoint two juftices, and alfo one phyfician, to infpect fuch houfes; and the faid juftices and phyficians appointed, or two of them, whereof the phyfician to be one, may visit, in the day-time, every houfe licenfed, as often as they fhall think fit. f. 23. And the faid juftices and phyfician may, at every vifitation, if they think neceflary, make minutes in writing of the condition of every houfe which they fhall vifit, as to the care of the patients, and fuch other particulars as deferve notice, with their obfervations thereupon; which minutes shall be entered in a register to be kept by the clerk clerk of the peace, a copy whereof fhall be fent by the faid clerk of the peace, to the fecretary to the commiffioners of the college of phyficians, to be by him inferted in a feparate register; which regifter fhall be kept in the fame box, and in the fame manner, as the register belonging to the faid commiffioners; and the faid clerk of the peace fhall be paid fuch fum for his trouble as the juftices fhall direct; and all money to be paid for fuch licences as fhall be granted by the faid juftices, shall be paid to the clerk of the peace, who fhall keep an account thereof in a book, and fhall account for the fame to the justices, as often as required; and all expences attending the execution of this act (except within London and Westminster, and feven miles thereof, and within Middlefer) thall be defrayed out of fuch money, in fuch manner as the juftices fhall direct, J. 24. And at fuch general quarter feffion, when fuch juftices and phyfician fhall be appointed, the clerk of the peace fhall take the like oath as is appointed to be taken by the fecretary of the commiflioners. . 25. And in cafe the keeper of any fuch houfe fhall, in the day-time, refufe the faid juftices and phyfician, on fuch vifitation, admittance into fuch house, the keeper fhall forfeit his licence. f. 26. The keeper of any houfe not within London or Weflminfier, or feven miles thereof, or within Middiefex, fhall give fuch notice as aforefaid of the receipt of every lunatic (except fent there by parish officers) to the fecretary to the commiffioners at the college, within fourteen days5: and every 4 The form of fuch oath is as follows: I, AB, do fwear, that I will faithfully execute all fuch trufts as fhall 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 act for regulating madhouses; and that I will keep fecret all fuch matters as fhall come to my knowledge, in the execution of my office (except when required to divulge the fame by legal authority). So help me God. That is to fay, he fhall caufe notice thereof to be given to the fecretary, which-fhall contain the name of every perfon received as a lun tic into fuch houfe, the name and place of abode of the perfen by whofe direction fach lunatis was fent, and alfo the name and place of abode of the phyfician, furgeon, or apothecary, by whofe advice fuch direction was given; all which notices thall he fent fealed up, directed To the fecretary to the commiffioners for licensing basses for the reception of lunatics, to be left with the beadle of the college of B 3 physicians every keeper who fhall admit or confine any lunatic, without an order in writing, under the hand and feal of some phyfician, furgeon, or apothecary, that fuch perfon is proper to be received into fuch house as a lunatic, or shall receive any lunatic having fuch order, and shall not give notice thereof to the fecretary, fhall forfeit 100l. . 27. And the lord chancellor, or the lord chief juftice of the King's Bench, or Common Pleas, may, by any written order directed to the commiffioners of the college of physicians, or to the juftices and phyfician appointed vifitors, require the faid commiflioners, or three of them, or the said vifitors, or two of them, to infpect any houfe licensed; and alfo to report to him or them touching fuch matters as shall in fuch orders be directed; and the faid chancellor or chief justice of the King's Bench, or Common Pleas, may, by a like order, fend for and infpect the regifter; and may fummon and examine all persons concerned in the execu tion of this act, as often as neceffary; and in case they fhall not obey fuch orders within two days, and not shew fufficient cause to the contrary, they fhall be guilty of a contempt of court. f. 29. But nothing in this act fhall extend to any public hofpitals. . 30. And in all proceedings under writ of habeas corpus, and in all indictments, informations, and actions, for confining or ill-treating any fubjects, in any of the faid houses, the parties complained of fhall justify their proceedings, according to the courfe 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 fhall be committed; and fuch penalties fhall be applied, one moiety to the informer, and the other moiety for defraying the expences attending the execution of this act within fuch county. f. 32. Imprisonment. See Arrefts, Commitment, Gaols. phyficians in London; all which notices the beadle is to receive, and deliver to the fecretary within two days, and the fecretary is to file fuch notices, and enter the fame in the register within two days; f. 21. And if any perfon fhall apply to one of the commiffioners, to be informed whether any particular perfon has been confined in any of the licenfed houses, and the commiffioners thail permit fuch inquiry to be made, and fign an order directed to the fecretary, he is to make fearch: and if it fhall appear, that the perfon inquired after has been confined, the faid fecretary fhall acquaint the perfons with the names of the keeper, and of thofe by whofe direction fuch person has been confined. S. 19. Incendiaries. |
