Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
=Certificates required.=--In the case of a parent or guardian who
desires to place a mentally defective person under guardianship, _two
medical certificates_ are necessary, one of which must be from a
medical man approved by the Local Authority or Board. If the person be
not an idiot or imbecile, the certificates must be signed by a Judicial
Authority, after such inquiry as he thinks fit. A defective to be
dealt with otherwise than by parent or guardian, is so under an order
by a _Judicial Authority_ on a petition presented under the Act, an
order of a _Court_ if guilty of a criminal offence, or an order of the
Secretary of State if detained in prison, a criminal lunatic asylum, or
reformatory.
The order of a Judicial Authority may be obtained by petition of any
relative or friend, or an officer of the Local Authority authorised
under the Act for the purpose. Two medical certificates must accompany
the petitions, one of which must be signed by a medical man approved
by the Local Authority or Board; or, when a medical examination cannot
be carried out, a certificate to that effect must be presented, and
a statutory declaration made by the petitioner and one other person,
who may be one of the medical certifiers, stating the class to which
the defective belongs. Upon receiving the certificates the Judicial
Authority interviews the defective. When the petition is presented by
a parent or guardian, the Judicial Authority, if satisfied, may issue
an order for the defective to be placed in an institution or appoint
a guardian. If the petitioner be not parent or guardian, consent in
writing of one or other must be obtained, without which the order must
not be made, unless the parent or guardian withhold their consent
unreasonably or are not to be found. If the Judicial Authority be not
satisfied, he may postpone the order, or refuse it.
When the order is made by a Court, the Court must be satisfied, on
medical evidence, that the person is a defective.
Two medical certificates are necessary when the Secretary of State
makes an order.
The order remains in force for a year, may be renewed for a second
year, and then for periods of five years.
GENERAL SYMPTOMS OF INSANITY
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