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
=Discharge of Lunatics.=--The reception order remains in force for
periods of one, two, and three years, and then for periods of five
years. At the end of any of these periods the Lunacy Commissioners may
continue the detention of the lunatic, if satisfied by certification
from the medical man of the institution, or the usual medical attendant
of the lunatic, that the patient remains of unsound mind and further
detention is necessary.
The petitioner of the reception order may request the discharge of a
patient. The discharge may be refused if the medical man in charge
certifies the lunatic dangerous and unfit to be at large, unless two of
the visitors to the asylum or the Commissioners visiting the asylum or
house give their consent in writing.
Two Commissioners--one medical, the other legal--may order the
discharge of any patient.
When a patient recovers, the medical attendant of the institution
notifies this to the petitioner or person responsible for the payment
on account of the patient. Should the patient not be removed within
seven days of such notice, the patient may be discharged “forthwith.”
PROCEDURE IN SCOTLAND
Idiots and imbeciles under eighteen years of age may be received into
training schools without the legal procedure which obtains in England
and Wales. They are sent to these institutions as lunatics, however,
under the usual legalities, in order that the Government grant may be
obtained. When over eighteen years of age, if sent to institutions
other than training schools, they are classed as lunatics, and the
necessary legal procedure is followed.
=Insane persons whose malady is not confirmed= may be cared for
privately for a period not exceeding six months. The certificate of one
medical practitioner only is required.
_Insane persons_, pauper or not, can be placed in an asylum by order of
the Sheriff, by petition and two medical certificates. The inspector of
the poor acts as petitioner for paupers.
In cases of urgency a _certificate of emergency_ from one medical
practitioner is required, along with a request from the petitioner, to
the superintendent of the asylum.
A person who is _prodigal_ or _facile_ can be restrained from
alienating his property by guardians appointed by the Court.
When a lunatic is found to be incapable of administering his or her
estate, the Court appoints a Committee of Estate.
PROCEDURE IN IRELAND
The procedure differs in pauper and private cases.
=Pauper patients, not dangerous.=--In order to detain such a pauper
there must be a declaration of insanity and destitution, with the names
and addresses and descriptions of two relatives of the person, given
before a magistrate. A magistrate and a clergyman or poor-law guardian
must certify that they have personally inquired into the case. One
medical certificate is necessary. The applicant must remove the patient
when called upon.
Public-domain text, read in full here on John Shaqi.
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