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
“It is of vital importance that no mistake or misconception should
exist, and that every medical man who may be applied to for advice on
the subject of lunacy, and every relative and friend of any lunatic,
as well as every magistrate and parish officer (each of whom may be
called upon to act in cases of this sort), should know and be well
assured that, according to law, any person of unsound mind, whether he
be pronounced dangerous or not, may legally and properly be placed in a
county asylum, lunatic hospital, or licensed house, on the authority of
the preliminary order and certificates prescribed by the Acts.
“Upon the whole, it appears that the power to restrain and confine
a lunatic is limited at common law to cases in which it would be
dangerous, either as regards others or himself, for the lunatic to
be at large; but that the power to place and detain a lunatic in a
registered hospital or licensed or other house, under an order and
medical certificates duly made and obtained in accordance with the
Lunacy Acts, is not so limited.”
The terms of the Lunacy Act, 1890, are as follows:
“Subject to the exceptions in this Act mentioned a person
shall not be received or detained as a lunatic, as a single
patient, unless under a reception order by a judicial
authority.” “Every person who, except under the provisions
of the Act, receives or detains a lunatic or an alleged
lunatic in an institution for lunatics, or for payment takes
charge of, receives to board or lodge, or detains a lunatic
or alleged lunatic in an unlicensed house, shall be guilty
of a misdemeanour, and in the latter case shall also be
liable to a penalty not exceeding fifty pounds.” “Except
under the provisions of this Act, it shall not be lawful for
any person to receive or detain two or more lunatics in any
house, unless the house is an institution for lunatics or a
workhouse.” “Any person who receives or detains two or more
lunatics in any house except as aforesaid shall be guilty of
a misdemeanour.”
It is therefore unlawful to receive a lunatic or alleged lunatic except
by reception order. Only one can be received into a private house, and
a reception order is required. No medical man should receive a lunatic
into residence without the necessary reception order. All the statutory
regulations are demanded for a single case, and the private house is
subject to visitation and inspection.
It is also important to remember that if any one receive a person not
insane at the time, but who subsequently becomes insane, he renders
himself liable to prosecution, unless he procure the necessary medical
certificates and order (R. _v._ Wilkins).
Public-domain text, read in full here on John Shaqi.
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