Chapters in the History of the Insane in the British IslesTuke, Daniel Hack
History
Chapters in the History of the Insane in the British Isles
Tuke, Daniel Hack
Mental health laws -- Great Britain; Mental illness -- Great Britain; Mentally ill -- Care; Psychiatric hospitals -- Great Britain
Then, next in order of legislation comes the Act of 1853 (16 and 17
Vict., c. 70). Certain clauses in the Act of 1842, by which the Lord
Chancellor exercised jurisdiction on account of the expense involved in
a commission, were repealed, having been found to work inconveniently.
Under the new Act an inquisition was held, in unopposed cases, before a
Master alone in by far the larger proportion of cases. A petition was to
be presented by any relative, and in special cases by a stranger,
supported by medical and other evidence, along with an affidavit of
notice having been given to the lunatic, calling his attention to the
provision of the Act under which he could demand a jury. If no such
demand was made, the documents were to be submitted to the Lord
Chancellor or the lords justices, who directed an inquiry, if they saw
no reason for further evidence. If the demand, on the contrary, was
made, the petition was to be set down for hearing in open court, when an
inquiry was either ordered or dismissed; in the former case, before a
jury or without one, at the court's discretion. In the event of the
petition being unopposed, the order made by the Lord Chancellor for
inquiry was to be directed to a Master in Lunacy, and conducted as
nearly as possible as if there were a jury, the lunatic being seen in
every case. Master Barlow has related one exception in which he could
not see the lunatic (a lady) without breaking through the door; a
solicitor appeared on her behalf, and Mr. Barlow tried to make him
produce his client, but being told that serious risk of her jumping out
of the window would be incurred, the attempt was wisely abandoned. When
such an inquiry was completed and the commission signed, the Master in
Lunacy was to ascertain certain particulars, as the committees of the
person and estate which the family proposed to appoint, the amount of
the property, etc. A report was then to be made to the Lord Chancellor
certifying these particulars. The Chancery Visitors were to undertake
the supervision of the lunatic, these consisting of two medical men (as
previously), a lawyer, and nominally the two Masters _ex officio_. The
visitation was only annual. The salary of the medical and legal Visitors
was not more than £500 per annum, as they were not, as now, obliged to
relinquish practice.
Reference has been made in the fourth chapter to the important Select
Committee of 1859-60. This Committee not only collected evidence in
regard to "the Care and Treatment of Lunatics," but also in regard to
the protection of their property. A mass of interesting evidence was
given, including a statement of the working of the law at that time by
Master Barlow. Proof was not wanting that some reforms were required,
and the outcome of this inquiry was "The Lunacy Regulation Act" of 1862
(25 and 26 Vict., c. 86), a statute to be construed as part of "The
Lunacy Regulation Act" of 1853, to which we have already referred.
Public-domain text, read in full here on John Shaqi.
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