void. any averment against the truth of it, though an office found him an idiot à nativitate. 4 Co. 124: 2 Inst. 483: Bro. tit. Fines, 75: Co. Lit. 247: 2 And. 193: 4 Co. 124. strange determination! since consent is absolutely requisite to A lunatic shall be tenant by the curtesy, and shall have dower: so though a woman, being a lunatic, kill her husband, or any other, yet she shall be endowed, because this cannot be felony in her, who was deprived of her understanding by the act of God. Perk. 365. The rule of law in these cases was, fieri non debet, sed factum valet; and Mansfield's case, 12 Co. 123. furnishes a striking instance of the extreme anxiety of courts of law to protect the authority of their records; for though in that case a fine was levied by a man obviously an idiot, and by a most gross contrivance, and though Lord Dyer observed, that the judge who had taken it ought never to take another, yet he allowed it to prevail. As by the common law a fine might be avoided on account of fraud, or even on account of infancy, by inspection during the infancy; Bracton, 436. b. 437. a.: Co. Lit. 380. b.; it seems remarkable, that idiocy or lunacy should not have been held entitled to the same effect; but Mansfield's case abundantly proves that the grossest imbecility of mind was not at law a ground of annulling the record. But, in equity, a remainder-man was relieved against a fine levied by an idiot, even against a purchaser. Toth. 42: see also 2 Vern. 678. The Court of Chancery, however, in the case of fraud, did not absolutely set aside or vacate the fine; but considering those who took it under such circumstances as trustees, decreed a reconveyance of the estate to the persons prejudiced by the fraud; and though this does not distinctly appear to have been the practice, in the case of fines levied by idiots or lunatics, yet from the argument in Day v. Hungat, 1 Rolle's Rep. 115. such may be inferred to have been the rule of proceeding. See tits, Fine of Lands, Recovery. A person non compos, being lord of a copyhold manor, may make grants of copyhold estates, for such estates do not take their perfection from any power or interest in the lord, but from the custom of the manor, by which they have been demised and demisable time out of mind. 4 Co. 23. b.: Co. Copyholder, 79. 107. Idiots and lunatics are, both by the civil law, and likewise by the common law, incapable of being executors or administrators; for these disabilities render them not only incapable of executing the trust reposed in them, but also by their insanity and want of understanding, they are incapable of determining whether they will take upon them the execution of the trust or not. Godolph. Orph. Leg. 86. If an idiot or lunatic enter into a recognizance, or acknow ledge a statute, neither they themselves, nor their heirs nor executors, can avoid them; for these are securities of a higher nature than specialties and obligations, which yet they them selves cannot avoid, and being matters of record, and equivalent to judgments of the superior courts, neither they themselves, their heirs, nor executors, can avoid them. 4 Co. 124. a.: 10 Co. 42. b.: 2 Inst. 483: Bro. Fait. Inrol. 14. Therefore it hath been agreed, that if an executor become non compos, that the spiritual court may (on account of this natural disability) commit administration to another. 1 Salk. 36. Distinction must be made between acts done by idiots and lunatics in pais, and in a court of record. As to those solemnly acknowledged in a court of record, as fines and recoveries, and the uses declared on them, they were good, and could neither be avoided by themselves nor their representatives; for it was presumed, that had they been under these disabilities, the judges would not have admitted them to make these acknowledgments. 4 Co. 124: 2 And. 145: Co. Lit. 247. Therefore, if a person non compos acknowledged a fine, it should stand against him and his heirs; for though the judges ought not to have admitted of a fine from a madman under that disability, yet when it was once received, it should never be reversed, because the record and judgment of the court being the highest evidence that could be, the law presumed the conuzor at that time capable of contracting; and therefore the credit of it was not to be contested, nor the record avoided by As to acts in pais, idiots and persons of nonsane memory are not totally disabled either to convey or purchase, but sub modo only; for their conveyances and purchases are voidable, but not actually void. The king, indeed, on behalf of an idiot, may avoid his grants, or other acts. 1 Inst. 247. But it hath been said, that a non compos himself, though he be afterwards brought to a right mind, shall not be permitted to allege his own insanity, in order to avoid such grant; for that no man shall be allowed to stultify himself, or plead his own disability. The maxim, however, that a man shall not stultify himself, has been handed down as law from very loose authorities, which Fitzherbert does not scruple to reject as contrary to reason; and later opinions, feeling the inconvenience of the rule, have in many points endeavoured to restrain it. F. N. B. 202: Litt. § 405: Cro. Eliz. 398: 4 Rep. 123: Jenk. 40: Comb. 469: 3 Mod. 310, 311: 1 Eq. Ab. 379: See Fonblanque's Treat. Eq. c. 2. § 1. and Stra. 1104: 2 Vent. 198. there cited. : Though the principles upon which courts of equity in gene ral relieve, appear to entitle a lunatic to a remedy in such cases, there does not appear a single case in which the plea of non compos by the lunatic himself before inquisition has been allowed on the contrary, in Toth. 130. it is said, that Chancery will not retain a bill to examine the point of lunacy. But after the lunatic is so found by inquisition, his committee may avoid his acts from the time he is found to have been non compos. See 2 Vern. 412. 678: 1 Eq. Ab. 279. Courts of equity were formerly so anxious to adhere to the rule of law, that the lunatic was not allowed to be a party to a suit, to be relieved against an act done during his lunacy; 1 C. C. 112; though he might be a party to a suit to enforce performance of an agreement entered into prior to his lunacy. 1 C. C. 153. And clearly the next heir or other person interested may, after the death of the idiot or non compos, take advantage of his incapacity, and avoid his grant. Perk. § 21. So, too, if he purchases under this disability, and does not afterwards upon his recovering his senses agree to the purchase, his heir may either wave or accept the estate at his option. 1 Inst. 2. If parceners of nonsane memory make partition, unless it be equal, it shall only bind the parties themselves, but not their issue: and the reason it binds the parties themselves is the same that all other contracts bind them, viz. because no man is admitted to stultify himself: and the reason their issue may avoid such partition is the same likewise, for which they may avoid all other contracts made by such ancestors during their insanity, viz. because they may be admitted to show the incapacity of their ancestors, and so avoid all acts done by them during that time. Co. Litt. 166. a. It is said by Lord Coke that, even at law, the contracts of idiots and lunatics, after office found, and the party legally committed, are void, and it must be at the peril of him who deals with such a one. 4 Co. 125. Where, however, a tradesman supplied a person with goods suited to his station, and afterwards, by an inquisition taken under a commission of lunacy, that person was found to have been a lunatic before and at the time when the goods were ordered and supplied, it was held that this was not a sufficient defence to an action for the price of the goods, the tradesman at the time when he received the orders and supplied the articles not having any reason to suppose that the defendant was a lunatic. Baxter v. Earl of Portsmouth, 5 Barn. & A. 170: 7 Dowl. & Ry. 614: 1 Moo. & Malk. 105. And a court of equity will not interfere to set aside a contract, over-reached by an inquisition in lunacy, if fair and without notice; especially where the parties cannot be reinstated. 9 Ves. 478. Acts by a lunatic done during a lucid interval, are valid. 9 Ves. 610. But general lunacy being established, the proof is thrown. upon the party alleging a lucid interval; who must establish, beyond a mere cessation of the violent symptoms, a restoration of mind sufficient to enable the party soundly to judge of the act. Ib. 611. Courts of equity will not only sustain contracts completed by the lunatic while sane; but, under certain circumstances, will enforce performance of such as were entered into before, but were not complete at the time of the lunacy; for the change of the condition of a person entering into an agreement, by becoming lunatic, will not alter the rights of the parties, which will be the same as before, provided they can come at the remedy: as, if the legal estate be vested in trustees, a court of equity ought to decree a performance; but, if the legal estate be vested in the lunatic himself, that may prevent the remedy in equity, and leave it at law. 1 Ves. 82. See now 1 W. 4. c 65. § 27. ante IV. An idiot can have no executor; for, being non compos à nativitate, he could at no time make a will; but a lunatic may have an executor, for lunacy is not a revocation of a will made when compos. 4 Co. 61. b. But equity will not entertain a suit to perpetuate the testimony of witnesses to such a will in the life-time of the lunatic. 1 Vern. 105. In supporting the validity of the will, notwithstanding the subsequent lunacy, the rule of the common law is conformable to the civil law, which provides that " neque testatum rectè factum, neque ullum aliud negotium recte gestum, postea furor interveniens perimit." Inst. l. 2. t. 12. § 1. Non compos mentis is a common disability with respect to every disposition of property, and consequently what shall be considered a sound and perfect memory at the time of devising lands, is a question determinable at common law. 6 Rep. 23. b. And a court of equity will not interfere in setting aside devises of land until they have been held invalid by a court of law. 9 Mod. 90: 18 Ves. 297. The sanity or insanity of a testator at the time of making his will is often a very difficult question to decide, and it is impossible to give here even an outline of the numerous cases on the subject. See tit. Will. It was formerly held that idiots, madmen, and such as were born deaf and dumb, were incapable of suing, on account of their want of reason and understanding; but actions can now be maintained in their names, and prosecuted on their behalf. Co. Lit. 135. b. When an idiot doth sue or defend, he shall not appear by guardian, prochein amy, or attorney, but he must be ever in proper person. Co. Lit. 135. b.: F. N. B. 27. The statute of Westm. 2. c. 15. extends not to an idiot. 2 Inst. 390. But otherwise of him who becomes non compos mentis; for he shall appear by guardian if within age, or by attorney if of full age. 4 Co. 124. b.: Palm. 520: and vid. 2 Saund. 335. If a trespass be committed in the lands of a lunatic who is legally committed, the committee cannot bring an action of trespass; but this must be brought in the name of the lunatic. 2 Sid. 125. So also of an ejectment. 2 Wils. 130. Although one non compos is not liable to the ordinary punishment for crimes (see post, VI.), yet if he commit a trespass against the persons or property of others, or do them bodily injury, he is compellable to make satisfaction in damages to be recovered in a civil action; for in such cases the intention is immaterial if the act done be prejudicial. Hob. 134: 2 Roll. Abr. 547. pl. 4:1 Hale, P. C. 16: 2 East, 104. As to the effect of a defendant becoming insane after an arrest at law, it seems to be now settled, that such circumstance is not a reason for discharging him out of custody, on filing common bail. 2 Term. Rep. 390. Nor will a court of law interpose, though the party be insane at the time of arrest. 4 Term. Rep. 121. Generally speaking, courts of equity will not interfere to restrain proceedings at law against lunatics, merely on the ground of their mental incapacity. Idiots and lunatics defend suits in equity by their committees; 1 Vern. 106: 1 S. & St. 356; who are, by order of the court, appointed guardians for that purpose as a matter of course. 1 Dick. 232. Committees should in many cases obtain the direction of the chancellor before they defend suits, who, on application by petition, usually refers the consideration of the propriety of so doing to the master. The manner in which persons of unsound mind may be discharged under the insolvent acts, is prescribed by the 7 G. 4. c. 57. § 73. continued by 2 W. 4. c. 44. As to the transfer of estates and stock, of which lunatics are trustees and mortgagees, see tit. Trust. Idiots and lunatics are, of course, disqualified for the performance of public duties. VI. Of their Responsibility for Crimes.-One case of a deficiency in will, which excuses from the guilt of crimes, arises from a defective, or vitiated understanding: viz. in an idiot or lunatic; for the rule of law as to the latter, which may be easily adapted also to the former, is furiosus furore solum punitur. In criminal cases, therefore, idiots and lunatics are not chargeable for their own acts, if committed under these incapacities; no, not even for treason itself. 3 Inst. 6. It is laid down as a general rule, that idiots and lunatics being, by reason of their natural disabilities, incapable of judging between good and evil, are punishable by no criminal prosecution whatsoever. 1 Hawk. P. C. 2. And therefore a person who loses his memory by sickness, infirmity, or accident, and kills himself, is no felo de se. 3 Inst. 54. So if a man gives himself a mortal stroke while he is non compos, and recovers his understanding, and then dies, he is not felo de se; for though the death complete the homicide, the act must be that which makes the offence. But it is not every melancholy or hypochondriacal distemper that denominates a man non compos; for there are few who commit this offence but are under such infirmities; but it must be such an alienation of mind that renders them madmen, or frantic, or destitute of the use of reason. 1 Hal. P. C. 412. And as a person non compos cannot be a felo de se by killing himself; so neither can he be guilty of homicide in killing another. 1 Hawk. P. C. 2. The great difficulty in these cases is, to determine where a person shall be said to be so far deprived of his sense and memory, as not to have any of his actions imputed to him; or where, notwithstanding some defects of this kind, he still appears to have so much reason and understanding as will make him accountable for his actions, which Lord Hale distinguishes between, and calls by the name of total and partial insanity; and though it be difficult to define the indivisible line that divides perfect and partial insanity, yet, says he, it must rest upon circumstances, duly to be weighed and considered both by the judge and jury; lest on the one side there be a kind of inhumanity towards the defects of human nature, or, on the other side, too great an indulgence given to great crimes; and the best measure he can think of is this: such a person, as labouring under melancholy distempers, hath yet ordinarily as great understanding as a child of fourteen years commonly hath, is such a person as may be guilty of treason or felony. 1 Hale Hist. P. C. 30. He who incites a madman to do a murder, or other crime, is a principal offender, and as much punishable as if he had done it himself. Keilw. 53: Dalt. c. 95: 1 Hawk. P. C. See tits. Accessory, Homicide, III. the judge in discretion may discharge the jury of him, and remit him to gaol to be tried after the recovery of his understanding, especially in case any doubt appear upon the evidence touching the guilt of the fact; and this is in favorem vita: and if there be no colour of evidence to prove him guilty, or if there be a pregnant evidence to prove his insanity at the time of the fact committed, then, upon the same favour of life and liberty, it is fit it should be proceeded in the trial, in order to his acquittal and enlargement. 1 Hal. Hist. P. C. 33. 36. And here we must observe a difference the law makes between civil suits that are terminated in compensationem damni illati, and criminal suits or prosecutions that are ad penam et in vindictam criminis commissi; and therefore it is clearly agreed, that if one who wants discretion commits a trespass against the person or possession of another, he shall be compelled in a civil action to give satisfaction for the damage. 2 Roll. Abr. 547: Hob. 134: Co. Lit. 247: 1 Hawk, P. C. 2: 1 Hal. Hist. 15, 16, 38. It seems to have been anciently holden, (in respect of that high regard which the law has for the safety of the king's person,) that a madman might be punished as a traitor for killing or offering to kill the king; but this is now contradicted by better and later opinions. Fitz. Coron. 351: Regist. 309: 4 Co. 124. b.: 1 Rol. Rep. 324. In the reign of Henry VIII. a statute was made, 33 H. 8. c. 20. that if one compos mentis should commit high treason, and after fall into madness, he might be tried in his absence, and should suffer death as if he were of perfect memory; but this was repealed by stat. 1 and 2 P. & M. c. 10. See 3 Inst. 6. But if there be any doubt whether the party be compos or not, this shall be tried by a jury; and if he be so found, a total idiocy or absolute insanity excuses from the guilt, and of course from the punishment, of any criminal action committed under such deprivation of the senses: but if a lunatic hath lucid intervals of understanding, he shall answer for what he does in those intervals, as if he had no deficiency. 1 Hal. P. C. 31. As to idiocy, lunacy, or madness (the latter of which is defined by Hale to be a total alienation of the mind), which excuses in capital cases, it is not necessary that it was found by inquisition that the party was a madman, idiot, or lunatic, previous to the commitment of the fact; for if he was actually mad at the time of the fact committed, this shall excuse; and this regularly is to be tried by an inquest of office to be returned by the sheriff of the county wherein the court sits for the trial of the offence; and if it be found that he was actually mad, he shall be discharged without any other trial; but if they find that the party only feigns himself mad, and he refuses to answer or plead, he shall be dealt with as one who stands mute. 26 Ass. pl. 27: Bro. Cor. 101: 1 And. 107. 154: Sav. 50. 57: 1 Hawk. P. C. 2: 1 Hal. Hist. P. C. 35. These defects, whether permanent or temporary, must be unequivocal and plain; not an idle frantic humour or unaccountable mode of action, but an absolute dispossession of the free and natural agency of the human mind. 8 S. T. 322: 1 Hal. P. C. c. 4: 1 Hawk. P. C. c. 1. § 1. in n. Also if a man in his sound memory commits a capital offence, and before arraignment for it, he becomes mad, he ought not to be arraigned; if after pleading, he shall not be tried; if after trial, he shall not receive judgment: if after judgment, execution shall be stayed. See this Dictionary, tits. Execution and Reprieve. Now by stat. 39, 40 G. 3. c. 94. "for the safe custody of insane persons charged with offences," it is enacted, that the jury, in cases where any person charged with treason, murder, or felony, shall be proved to be insane, shall declare whether he was acquitted by them on account of insanity, and if he was, the court shall in such case order him to be kept in custody till the pleasure of the king is signified, who may direct such lunatic to be kept in safe custody. By § 2. of the act, insane persons indicted for any offence, who may be found insane by the jury impannel!ed on their arraignment, shall be kept in custody in like manner. By § 3. for the prevention of crimes by insane persons, such person may be committed to safe custody, and shall not be bailed except by two justices, one thereof being the committing justice, or by the quarter sessions, or the courts at Westminster, or the lord chancellor. By § 4. insane persons endeavouring to intrude into the presence or palaces of the king, may be committed by the privy council, until his insanity is decided by the lord chancellor under a commission in the nature of a writ de lunatico inquirendo. The 2nd section of the above act applies to cases of misdemeanor, and is not confined, like the first, to treason, murder, or felony. Russ. & R. Cr. Cas. 430. So if a person during his insanity commits a capital offence, and recovers his understanding, and being indicted and arraigned for the same, pleads not guilty, he ought to be acquitted; for, by reason of his incapacity, he cannot act felleo animo. Hal. Hist. P. C. 36. If a man in a phrenzy happen by some oversight, or by means of the gaoler, to plead to his indictment, and is put upon his trial, and it appears to the court upon his trial that he is mad, As to criminals becoming insane while under sentence of imprisonment or transportation, see post. VII. Of the Treatment of Insane Persons.-On the first attack of lunacy, or other occasional insanity, while there may be hopes of a speedy restitution of reason, it is usual to confine the unhappy objects in private custody, under the direction of their nearest friends and relations; who by law may beat or use such other methods as are necessary for their cure. 2 Ro. Ab. 546. And the legislature, to prevent all abuses incident to such private custody, has thought proper to interpose its authority. See post. But when the disorder is grown permanent, and the circumstances of the party will bear such additional expence, it is proper to apply to the royal authority, as delegated to the chancellor, to warrant a lasting confinement. 1 Comm. 305. In the case of absolute madmen, as they are not answerable for their actions, they should not be permitted the liberty of acting, unless under proper controul; and in particular they ought not to be suffered to go loose, to the terror of the king's subjects. It was the doctrine of our ancient law, that persons deprived of their reason might be confined till they recovered their senses, without waiting for the forms of a commission, or other special authority from the crown. 4 Comm. 25. Many acts have been passed at various times for regulating the treatment of insane persons, whether confined in public or private asylums, all of which have been repealed, and their provisions consolidated and extended by recent statutes. By the 9 G. 4. c. 40. the laws for the erection and regulation of county lunatic asylums, and for providing for the maintenance of pauper and criminal lunatics, were amended. The following is a short outline of its principal provisions. § 2. The justices for every county at any general quarter sessions may direct notice to be given in some newspaper circulated in such county of their intention of taking into consideration at their next quarter sessions the expediency of providing a county lunatic asylum, or of appointing a committee of justices to treat with the justices of any one or more of the adjacent counties, or with the subscribers to any lunatic asylum theretofore, or intended to be, built and established, by voluntary contributions, to unite with them for such purpose. §3. Justices may appoint committee to superintend the erection of a lunatic asylum. § 4. Justices may appoint committee to treat with adjacent counties, or with the committee of subscribers to asylums maintained by voluntary contributions. § 5. Subscribers to any lunatic asylum may appoint a committee to enter into agreement with committee of justices. § 6. Agreement to be entered into in the form set forth in the schedule to the act, where counties shall be united. § 7. And to be reported to quarter sessions, and not to be valid unless approved of. § 8. et seq. direct the way in which the visitors of every lunatic asylum shall be appointed, who are empowered to enter into contracts relative thereto. § 28. If the asylum be situate in any other county, justices of the county or counties to which it belongs may act, in regulating the same. $30. Visitors to make regulations and appoint officers; and to fix a weekly rate for maintenance of insane persons; not to exceed 14s. for each per week. § 31. If rate be found insufficient, justices in quarter sessions may increase it. §32. A chaplain to be appointed for every county lunatic asylum. $35. Visitors may sue and be sued in the name of their clerk, whose death or removal shall not abate actions. § 36. Justices at petty sessions to require overseers to make returns of insane persons yearly chargeable to their respective parishes. $37. Overseers neglecting to give notice to justice of the peace of the state of insane persons, shall forfeit not exceeding 10%. § 38. When any poor person is deemed to be insane, one justice may require the overseers to bring such person before two justices, who, upon due examination, may cause him or her to be sent to the county lunatic asylum, or, if none, to some licensed house. Justices to make order for the payment of the charges of conveying and maintaining such person who is not to be removed from such licensed house without justice's order, unless cured. § 39. Visitors may deliver any pauper to his relatives or friends upon their undertaking that he shall be no longer chargeable. § 40. Medical practitioners appointed by parishes may visit eight times in the year pauper patients confined in any public hospital, county asylum, or licensed house. § 41. Where the legal settlement of lunatics cannot be discovered, justices shall send them to the asylum, or other place of confinement for the county where found. § 42. If settlement has not been ascertained, two justices VOL. I. may inquire respecting the same, and, if satisfied, may make order for payment of the expences. § 43. Justices of the county in which an asylum is situate may make orders for the maintenance of pauper lunatics upon overseers of any other county jointly maintaining. § 44. If persons are wandering about and deemed to be insane, although not chargeable, justices may proceed as in case of persons chargeable, and make order for maintenance. If the estate of the insane person shall be sufficient, overseers may levy for their expences. $45. Justice refusing to make order for the conveyance of any insane person to an asylum shall give his reasons in writing. $ 46. Persons aggrieved by any order may appeal to the quarter sessions. $47. Justices to make return to the quarter sessions of the cases brought before them. § 48. Sums directed to be paid by overseers to be levied by distress if overseers shall neglect to pay. § 49. Bastards of lunatics to have the legal settlement of the mother. § 50. Lunatic asylums not to be liable to the reception of lunatics chargeable to any place which does not contribute to the expence. § 51. When any asylum can accommodate more lunatics, visitors may order an addition, whether paupers or not, under certain regulations. § 52. All insane persons committed to such county lunatic asylum shall be safely kept, and not suffered to quit it until the major part of the visitors present at a meeting duly convened under the authority of the act, not being less than three, shall order their discharge, in writing under their hands and seals, or until any two visitors shall, with the advice of the physician or apothecary attending such asylum, discharge any lunatic; and certain penalties are inflicted on persons having lunatics in their care suffering them to go at large without such order. § 53. Expence of removal of paupers from asylums to be borne by parishes where settled. $ 54. Where persons charged with offences are insane, justices to inquire into their settlement, and make order for their maintenance; but an appeal may be made to the sessions by the parish. § 55. If any person while imprisoned, under sentence of imprisonment or transportation, shall become insane, a secretary of state may direct that he be removed to such county lunatic asylum as such secretary of state may judge proper; and every such person so removed shall remain in such county lunatic asylum until it shall be certified that he has become of sound mind; whereupon he may be removed back to the prison from whence he was taken; or if the period of his imprisonment or custody shall have expired, be discharged. 56. Visitors of county asylums to prepare a report yearly of the patients confined therein, a copy of which to be sent to the home secretary of state. § 57. The home secretary of state may employ any person to inspect any county asylum. § 58. The act not to extend to Bethlehem hospital. § 60. Appeal given to quarter sessions by parties aggrieved by order or judgment of justices. By the 2 and 3 W. 4. c. 107. (repealing the 9 G. 4. c. 41. and the 10 G. 4. c. 18.) and which in its turn has been in part amended by the 3 and 4 W. 4. c. 64. a variety of provisions were enacted for the care and treatment of insane persons. By 3. the lord chancellor may, on the 1st day of September, in every year, or within ten days next following, appoint not less than fifteen nor more than twenty persons to be commissioners, during the space of one year, for licensing and visiting all houses for the reception of two or more insane persons, to be situate within the cities of London and West 4 s minster, the county of Middlesex, the borough of Southwark, and also within the several parishes and places in the county of Surrey, Kent, and Essex hereinafter enumerated; and to be called "The Metropolitan Commissioners in Lunacy;" of which commissioners not less than four or more than five shall be physicians, and two barristers; and the jurisdiction of the said metropolitan commissioners shall be deemed to include any township, or extra-parochial place within the cities of London and Westminster, and within seven miles thereof, and within the county of Middlesex; and the said commissioners are thereby empowered to grant licences (if they think fit) in the manner directed by the act for persons to keep houses for the reception of two or more insane persons, of one or both sexes, within the jurisdiction of the said commissioners. § 4. In case of death or refusal of commissioners, others to be appointed. §8. The said metropolitan commissioners, or any five, two of whom at the least shall not be physicians, shall meet at such place as the said lord chancellor may direct, on the first Wednesday in the months of November, February, May, and July in every year, in order to receive applications from persons requiring houses to be licensed for the reception of two or more insane persons within their jurisdiction, and (if they shall think fit) to license the same; and in case on any such occasion five such commissioners shall not be present, the meeting shall take place on the next succeeding Wednesday, and so on weekly till such quorum of five shall be assembled; and the said commissioners so assembled at every such meeting shall have power to adjourn such meeting from time to time and to such place as they shall see fit. § 9. Five commissioners may assemble for general purposes at any time, notice of such meeting having been given by the clerk. At all meetings a chairman to be chosen, who shall have a casting vote. § 10. Justices in quarter sessions (except in the metropolitan district) may grant licences. § 11. The said justices shall at the Michaelmas sessions in every year appoint three or more justices of the peace, and also one or more physician, surgeon, or apothecary, to act as visitors of each house licensed for the reception of two or more insane persons within the county; and who are empowered to visit every such house in manner directed by the act. § 12. Commissioners or visitors not to keep any licensed house, &c.; nor medical commissioners or visitors to attend patients in any licensed house, except as therein mentioned. $ 15. Notice of application for and plan of licensed house to be given to the clerk of the commissioners or clerk of the peace fourteen days previous to their meeting. $ 16. Detached buildings to be considered part of the house. 8 17. Upon alteration of house, notice and amended plan to be given to commissioners, &c. $18. Licences to be made out by the clerk of the commissioners or clerks of the peace, and to be renewed yearly. § 19. Licences to be stamped, and to be under seal. § 22. It shall not be lawful for any person to keep a house for the reception of two or more insane persons, unless licensed in the manner directed by the act; and every person keeping a house for the reception of two or more insane persons, not duly licensed, shall be deemed guilty of misdemeanor: provided that no one licence shall authorize any person to keep more than one house; but all licences theretofore granted shall remain in full force until the period for which they were granted shall have expired, unless revoked as after directed; and all plans theretofore delivered shall be deemed sufficient for the purposes of the act, if the commissioners or justices shall so think fit. § 25. When commissioners or justices shall refuse to renew any licence, notice thereof to be given to the secretary of state for the home department. $26. If at any meeting a majority of the metropolitan commissioners present, or any three visitors, shall think fit to recommend to the lord chancellor, that any licence granted should be revoked, the lord chancellor, after making such inquiries as he shall think necessary, may revoke the same by an instrument under his hand and seal, such revocation to take effect at a period not exceeding three calendar months from notice thereof given in the London Gazette. § 27. No person (not being a parish pauper) shall be received into any house licensed for the reception of insane persons in England, without an order under the hand of the person by whose direction such insane person is sent, according to the form in the schedule annexed to the act, nor without a medical certificate of two physicians, surgeons, or apothecaries, in the manner directed by the act; and if any person shall knowingly receive any insane person to be confined in any house licensed under the act, without such order and medical certificate, and without making, within three clear days after the reception of such patient, a minute or entry in writing in a book to be kept for that purpose, according to the form in the schedule annexed to the act, of the true name of the patient, and also the christian and surname, occupation, and place of abode of the person by whom such patient shall be brought, every person so offending shall be guilty of a misdemeanor. § 29. No parish pauper shall be received into any house licensed for the reception of insane persons without an order according to the form in the schedule annexed to the act, under the hand and seal of one justice of the peace, or an order according to the form in the schedule annexed to the act, signed by the officiating clergyman and one of the overseers of the poor of the parish to which such pauper shall belong, and also a medical certificate according to the form in the schedule annexed to the act, signed by one physician, surgeon, or apothecary, that such parish pauper is insane, and a proper person to be confined; and if any person shall knowingly receive any parish pauper into any licensed house, without such order and medical certificate, he shall be guilty of a misdemeanor. $30. Notice to be given to clerk of the commissioners, &c. within two days after the admission of every patient. § 31. The like notice to be given on the removal or death of a patient. §32. Statement of the causes of death of pauper patients to be transmitted to clerk of commissioners or clerk of visitors. § 33. Licensed houses containing 100 patients to have a resident medical man; containing less than 100 to be visited by medical men. § 34. Commissioners, &c. may alter the periodical visits of medical attendants. $35. Houses to be inspected by commissioners four times a year. § 36. And by visitors three times a year at least. § 38. Plan of house to be hung up, and of act kept; copy and at each visitation commissioners to make minutes. § 39. Minutes to be transcribed into a book. .840. Concealing persons from inspection to be deemed a misdemeanor. § 41. Commissioners may set at liberty persons improperly confined; but such power of liberation shall not extend to any person found idiot, lunatic, or of unsound mind under a commission issued by the lord chancellor, nor to any insane person confined under any order of the home secretary of state. $42. Commissioners, upon information of malpractices in any licensed house, may visit the same at night. § 43. In case of inquiry whether any particular patient is in confinement, the commissioners, &c. may give an order to the clerk, who shall furnish the information. § 44. Annual report of houses to be made to the lord chan cellor. 8 45. Transcript of minutes of visitors to all houses to be sent to the clerk of the commissioners by the clerk of the peace, &c. $46. No person (except a guardian or relative who does not derive any profit from the charge, or a committee appointed |