Lunacy Regulation (Ireland) Act 1871
| Jurisdiction | UK Non-devolved |
| Citation | 1871 c. 22 |
Lunacy Regulation (Ireland) Act, 1871
(34 & 35 Vict.) CHAP. 22.
An Act to amend the Law in Ireland relating to Commissions of Lunacy, and the proceeding under the same, and the management of the Estates of Lunatics; and to provide for the visiting and the protection of the Property of Lunatics in Ireland; and for other purposes.
[25th May 1871]
Whereas it is expedient to amend the law relating to Commissions of Lunacy, and the proceedings under the same, and to provide more effectually for the visiting of persons found or supposed lunatic, and to make the other provisions herein-after contained for the institution, speeding, and deciding of inquiries de lunatico, and with respect to certain officers in lunacy and otherwise:
Be it 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 authority of the same, as follows:
1 Title of Act.
1. This Act may be cited as TheLunacy Regulation (Ireland) Act, 1871.
2 Interpretation of terms.
2. In this Act, unless there be something in the subject matter or contents repugnant to the construction—
The expression ‘the Lord Chancellor’ shall be construed to mean the Lord High Chancellor of Ireland for the time being, and to include or be applicable to the Lord Keeper or Lords Commissioners for the custody of the Great Seal of the kingdom of Ireland for the time being:
And the expression ‘the Lord Chancellor intrusted as aforesaid’ shall be construed to mean the Lord High Chancellor of Ireland for the time being intrusted by virtue of the Queen's Sign Manual with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind:
And the expression ‘the master’ shall, as to all matters in lunacy now pending in which a reference bath hitherto been made to any of the present masters of the Court of Chancery in Ireland, be construed to mean the master to whom the last reference in the said pending matter hath been made, or such other master of the said court to whom the Lord Chancellor intrusted as aforesaid shall by an order to be made in the matter of the said lunacy direct that future reference and application in the matter of the said lunacy shall be made, and shall as to all matters in lunacy to be hereafter commenced and instituted, and all matters in lunacy now pending in which no reference hath hitherto been made to any of the present masters of the court, be construed to mean the Receiver Master of the Court of Chancery in Ireland for the time being:
And the expression ‘the registrar’ shall be construed to mean the registrar in lunacy for the time being:
And the expression ‘legal visitors’ shall be construed to mean the legal visitors for the time being appointed by the Chancellor intrusted as aforesaid to perform the duties herein-after specified:
And the expression ‘solicitor for minors and lunatics’ shall be construed to mean the solicitor for minors and lunatics for the time being appointed by the Chancellor intrusted as aforesaid according to the practice in lunacy and minor matters in Ireland:
And the word ‘land’ shall be construed to comprehend any manor, messuage, tenement, hereditament, or real property of whatsoever tenure, and also property of every description transferable otherwise than in books kept by any company or society, or any share thereof or charge thereon, or estate or interest therein:
And the word ‘stock’ shall be construed to comprehend any fund, annuity, or security transferable in books kept by any company or society, or any money payable for the discharge or redemption thereof, or any share or interest therein:
And the word ‘dividends’ shall be construed to comprehend interest or other annual produce:
And the provisions relating to ‘the Bank of Ireland,’ save such as regard the lodgment of moneys to the credit of the lunacy fund herein-after mentioned, shall be construed to extend and be applicable to every other company or society established or to be established:
And the word ‘conveyance’ shall be construed to comprehend any release, surrender, assignment, or other assurance, including all acts, deeds, and things necessary for making and perfecting the same:
And the word ‘transfer’ shall be construed to comprehend any assignment, payment, or other disposition:
And the word ‘lunatic’ shall be construed to mean any person found by inquisition idiot, lunatic, or of unsound mind, and incapable of managing himself or his affairs:
And the words ‘alleged lunatic’ shall be construed to mean any person stated to be or treated as if he were a lunatic, or any person as to the fact of whose lunacy the Lord Chancellor intrusted as aforesaid shall think fit that inquiry should be had:
And the words ‘person of weak mind’ shall be construed to mean any person from any temporary cause or sickness affecting his mental capacity incapable of managing himself or his affairs:
And an expression ‘next of kin’ shall be construed to refer to the next of kin of a lunatic, and to comprehend his heir or heirs-at-law, and also the person or persons who would be entitled to his estate, or to shares thereof, under the statutes for the distribution of the effects of intestates, in case he were dead intestate:
And the word ‘person’ or ‘party’ shall be construed to comprehend a body corporate.
3 The clerk of the custodies to be styled the registrar in lunacy; his duties and salary
3. The present clerk of the custodies of idiots and lunatics shall henceforth be styled the registrar in lunacy, and the said registrar shall fulfil the duties now fulfilled by the clerk of the custodies of idiots and lunatics, and such other duties as shall be in this Act by him directed to be performed, and shall receive such annual salary, not exceeding the annual sum of five hundred pounds, payable out of the lunacy fund hereinafter mentioned, in such manner and at such time as the Lord Chancellor intrusted as aforesaid shall by any order or orders at any time or from time to time direct and appoint, and after the resignation or dismissal of the present registrar, or his ceasing to act as such registrar, all future registrars shall be appointed in the manner and for the time herein-after provided.
4 Copies of medical certificates, &c. certifying as to lunacy to be transmitted to registrar.
4. The inspectors of lunatic asylums in Ireland shall transmit to the registrar, within two days after receiving the same, copies of all medical certificates hereafter received by them in pursuance of the provisions of the Act fifth and sixth Victoria, chapter one hundred and twenty-three, section sixteen; and where any two or more justices shall by warrant direct any persons to be taken to a lunatic asylum in pursuance to the provisions of the Act thirtieth and thirty-first Victoria, chapter one hundred and eighteen, section ten, one of such justices shall, within two days after signing the warrant, transmit or cause the clerk of such justices to transmit by post to the registrar a copy of the certificate of the medical officer upon which such warrant was issued.
5 Manner, &c. of asylum on receiving any lunatic, &c., to make return.
5. Every resident medical superintendent or manager of any district or county or other public lunatic asylum, and every proprietor of any lunatic asylum, and every person whosoever who shall receive into or keep and detain in his custody or care any person being of unsound mind, shall within one week from the date at which he shall have received into or begun to keep or detain in his custody or care any such person, transmit by post to the registrar a notice or return setting forth his own name, residence, and description, the name, last known residence, and description of such person so received or kept or detained, the name, residence, and description of the person by whom or by whose order or direction or request such person so declared had been delivered into or was then kept and detained in the custody or care of the person making or giving such return or notice, the name or names of the legally qualified medical practitioner or practitioners, or of any other person or persons (if any) who shall have certified to the lunacy of the said person so received or kept or detained, and also the age, the nature of the lunacy, and property (if any) of such person, together with all such other circumstances as shall be directed by the Lord Chancellor intrusted as aforesaid by any general order; and shall within like period after detention or custody ceasing, or place of detention or custody being changed, give like notice of such cesser or change of detention or custody, with such further particulars as shall be directed by the Lord Chancellor intrusted as aforesaid by any general order; and every person who is by this section required to make such return as aforesaid, and who has at the time of the passing of this Act any person of unsound mind in his care or custody, shall make the like return or notice with regard to such last-mentioned person within one month after a date to be fixed by the Lord Chancellor intrusted as aforesaid for the county or province in which such last-mentioned person is in such custody or care as aforesaid, of which date when so fixed due notice shall be given by publication in the Dublin Gazette and in some newspaper circulating in the county or province for which such day has been so fixed.
6 Persons treating any other as lunatic, &c. to make return.
6. Any person who shall treat or cause to be treated any other...
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