Provision was also made for cases where insanity stands in bar of trial; the finding of the Court that the prisoner cannot be tried, to be followed by an order to be kept in strict custody during her Majesty's pleasure; a lunatic acquitted of a criminal charge on the ground of insanity, to be kept in custody by order of court in such place as it may see fit, during her Majesty's pleasure; prisoners exhibiting insanity when in confinement to be removed to an asylum, to remain there until it should be certified to one of her Majesty's Principal Secretaries of State by two medical men that such person has become of sound mind; whereupon the Secretary of State was authorized, if such person's term of imprisonment had not ended, to issue his warrant to the superintendent, directing that such person should be removed back to prison, and if no longer subject to imprisonment, that he should be discharged. With regard to the liberation of patients from asylums, the certificates of two medical men approved by the sheriff were required, eight days' notice being given to the person at whose instance such lunatic was detained; the patient released to be entitled to a copy of order, certificate, etc., on which he was confined. The punishment of maltreating any lunatic was a fine not exceeding £100, or imprisonment for any period not exceeding six months, without prejudice to action for damages. Power was granted to the Secretary of State to order a special visitation of any place where a lunatic was represented to be confined. The inspectors of the poor were to give intimation of pauper lunatics within their parishes. The importance of this Act is enhanced by the fact that its framers had the advantage of a knowledge of the working of the great Acts of 1845 and 1852 in England and Wales. Availing ourselves now of the first Report of the Commissioners[243] who were appointed under the foregoing Act, we shall present a statement of the number and distribution of the insane in Scotland on the 1st of January, 1858. -------------------+--------+----------+----------+--------+--------- Location. | Males. | Females. | Total. |Private.| Paupers. -------------------+--------+----------+----------+--------+--------- In public asylums | 1226 | 1154 | 2380 | 786 | 1596 In private asylums | 330 | 415 | 745 | 219 | 526 In poor-houses | 352 | 487 | 839 | 6 | 833 In private houses | 810 | 974 | 1784 | -- | 1784 +--------+----------+----------+--------+--------- Total | 2718 | 3030 | 5748[244]| 1011 | 4739 -------------------+--------+----------+----------+--------+--------- The above table does not include private single patients; their number could not be accurately ascertained.