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 there was an Act "regulating mad-houses in Scotland" (55 Geo. III.,
c. 69), passed in the year 1815--that important epoch in lunacy
legislation in the British Isles--brought in by the Lord Advocate of
Scotland (Mr. Colquhoun), Mr. W. Dundas, and General Wemyss, and which
received the royal assent, after several amendments from the House of
Lords, June 7, 1815.
This Act provided that sheriffs should grant licences for keeping
asylums; that no person should keep one without a licence; that the
money received for licences should form part of the rogue money in the
county or stewartry, and that out of it all the expenses required for
the execution of the Act should be defrayed; that inspectors should be
elected within a month after the passing of the Act, and thereafter
should annually inspect asylums twice a year--four by the Royal College
of Physicians in Edinburgh from their ordinary resident members, and
four by the faculty of physicians and surgeons in Glasgow from their
ordinary resident members; that sheriffs should ascertain whether
patients are properly confined; that the sheriff should make an order
for the reception of lunatics, upon a report or certificate signed by a
medical man (no statutory form was ordered for the medical certificates
or the warrants of the sheriffs; a medical man signing a certificate
without due examination of the patient was to forfeit £50); that the
sheriff or stewart might set persons improperly detained at liberty;
that a licence might be recalled upon report made to the sheriff by two
of the inspectors; that the sheriff might make rules for the proper
management of asylums; that the Act should not extend to public
hospitals, nor to single patients; that the Procurator Fiscal should
enforce the Act and recover penalties. The friends of patients were
required to pay an annual fee £2 2s.
Such were the main provisions of this Act, which proved to be an
important advance in the right direction, though far from perfect. It
was amended by 9 Geo. IV., c. 34, and 4 and 5 Vict., c. 60. The three
Acts were repealed and other provisions made by the 20 and 21 Vict., c.
71, an "Act for the Regulation, Care, and Treatment of Lunatics, and for
the Provision, Regulation, and Maintenance of Asylums."
Public-domain text, read in full here on John Shaqi.
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