Lunacy Act 1842

JurisdictionUK Non-devolved
Citation1842 c. 84
Anno Regni VICTORI, Britanniarum Regin,Quinto & Sexto. An Act to alter and amend the Practice and Course of Proceeding under Commissions in the Nature of Writs De lunatico inquirendo.

(5 & 6 Vict.) C A P. LXXXIV.

[5th August 1842]

'WHEREAS it is expedient to alter and amend the Practice and the Course of Proceeding under Commissions in the Nature of Writs De lunatico inquirendo;' be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That it shall be lawful for the Lord Chancellor to appoint Two fit and proper Persons, being respectively Serjeants or Barristers at Law of not less than Ten Years Standing at the Bar, to be called ‘The Commissioners in Lunacy,’ and that in future all Commissions in the Nature of Writs De lunatico inquirendo shall be directed or addressed to such Commissioners or One of them; and that such Commissioners shall hold their Offices during good Behaviour, and shall, jointly and severally, have, perform, and execute all the Powers, Duties, and Authorities now had, performed, and executed by Commissioners named in Commissions in the Nature of Writs De lunatico inquirendo.

S-II Oath of Commissioners.

II Oath of Commissioners.

II. And be it enacted, That every Commissioner to be appointed by virtue of this Act shall, before he shall be capable of acting in the Execution of any of the Powers and Authorities given by this Act, take the following Oath; (that is to say,)

'I do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Knowledge, execute the several Powers and Trusts reposed in me as One of the Commissioners in Lunacy, and that without Favour or Affection, Prejudice or Malice.

So help me GOD.'

And that such Oath shall be taken before the Lord Chancellor, in like Manner as the usual Oaths are administered before the Lord Chancellor to Masters in Ordinary of the said Court of Chancery.

S-III Lord Chancellor may direct Commissioners to perform the Duties in Lunacy usually referred to Masters in Chancery.

III Lord Chancellor may direct Commissioners to perform the Duties in Lunacy usually referred to Masters in Chancery.

III. And be it declared and enacted, That it shall and may be lawful for the Lord Chancellor from Time to Time to order and direct that any of the Inquiries and Matters connected with the Persons and Estates of Lunatics, usually referred to the Masters in Ordinary of the High Court of Chancery, shall be referred to such Commissioners or one of them; and such Commissioners shall, jointly or severally, have, perform, and execute all the Powers, Duties, and Authorities relating to the said Inquiries and Matters so to be referred to them as aforesaid, now had, performed, and executed by the Masters in Ordinary of the said Court of Chancery, and such other Duties for the Security and Advantage of Lunatics and their Estates as the Lord Chancellor shall from Time to Time order and direct.

S-IV Commissioners to be ex officio Visitors of Lunatics.

IV Commissioners to be ex officio Visitors of Lunatics.

IV. And be it enacted, That the said Commissioners shall, by virtue of their Appointments to be such Commissioners as aforesaid, be and become Visitors for superintending, inspecting, and reporting upon, under the Order and Direction of the Lord Chancellor, the Care and Treatment of all Persons found idiot, lunatic, or of unsound Mind by Inquisition, jointly with the Three Visitors appointed under the Authority of an Act passed in the Third and Fourth Years of the Reign of His late Majesty KingWilliam the Fourth, and intituled , and shall severally have, perform, and execute the like Powers, Duties, and Authorities as are had, performed, and executed by the One of the said Visitors being a Barrister.

S-V Commissioners to execute such Duties as the Lord Chancellor directs.

V Commissioners to execute such Duties as the Lord Chancellor directs.

V. And be it enacted, That the Commissioners to be appointed by virtue of this Act shall execute Commissions in the Nature of Writs De lunatico inquirendo, and shall conduct Inquiries connected with Lunatics or their Estates, and shall perform all other Duties to be committed to them by virtue of this Act, either separately or together, and at such Places, and within such Times, and in such Manner as the Lord Chancellor shall from Time to Time order and direct: Provided always, and it is hereby declared, that nothing in this Act contained shall be deemed or taken to prevent the LordChancellor from issuing any Commission in the Nature of a Writ De lunatico inquirendo, addressed to any fit and proper Person or Persons, in addition to such Commissioners so to be appointed as aforesaid, if he shall, upon any Occasion, deem it proper to do so.

S-VI Appointment of Successors to Commissioners.

VI Appointment of Successors to Commissioners.

VI. And be it enacted, That upon the Death, Resignation, or Removal from Office of any such Commissioner as aforesaid to be appointed under the Authority of this Act, it shall be lawful for the Lord Chancellor to appoint a fit and proper Person, qualified as aforesaid, to supply such Vacancy.

S-VII Power to Lord Chancellor to regulate the Practice in Lunacy.

VII Power to Lord Chancellor to regulate the Practice in Lunacy.

VII. And be it declared and enacted, That it shall and may be lawful for the Lord Chancellor from Time to Time to make such Orders as to him shall seem fit and proper for regulating the Form and Mode of proceeding before and by the said Commissioners, and the Practice in Matters in Lunacy: Provided always, that a Copy of such Orders shall...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT