Private Lunatic Asylums (Ireland) Act 1842
| Jurisdiction | UK Non-devolved |
| Citation | 1842 c. 123 |
(5 & 6 Vict.) C A P. CXXIII.
[12th August 1842]
'WHEREAS by an Act passed in the Seventh Year of the Reign of His Majesty KingGeorge the Fourth, intituled Ireland, it is provided that each of the Inspectors General thereby directed to be appointed shall once at least in every Year go round One of the Circuits in the said Act mentioned, and visit and inspect (amongst other Places) every Madhouse and Place where Lunatics or Idiots are confined, whether the same be a public Establishment, or kept for Profit by any private Individual in or within such Circuit, and shall report upon the State thereof to the Lord Lieutenant or other Chief Governor or Governors ofIreland : And whereas it is expedient to make further Provision for the licensing, Regulation, and Inspection of private Lunatic Asylums in Ireland :' 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 Parliamentassembled, and by the Authority of the same, That the Inspectors General of Prisons inIreland for the Time being appointed under and by virtue of the said recited Act shall respectively be Inspectors of Lunatic Asylums in Ireland , for the Purposes of the said recited Act and of this Act, but without any additional Salary or Emolument in respect of such Office, save for travelling Expences as herein-after provided; and every such Inspector General is hereby required, so far as he lawfully can, to enforce the due Execution of the said recited Act and of this Act, and to carry the Provisions of the said recited Act and of this Act into effect.
II Oath of Inspectors General.
II. And be it enacted, That each Inspector General shall, before he acts in the Execution of his Duty under this Act, take an Oath to the following Effect; (that is to say,)
'IA.B. do swear, That I will discreetly, impartially, and faithfully execute all the Trusts committed unto me by virtue of an Act passed in the Sixth Year of the Reign of Her Majesty Queen Victoria , intituled [insert Title of this Act ], and that I will keep secret all such Matters as come to my Knowledge in the Execution of my Office (except when required to divulge the same by legal Authority), or so far as I shall feel myself called upon to do so for the better Execution of the Duty imposed upon me by this Act. So help me GOD.'
Which Oath it shall and may be lawful for the Lord Chancellor to administer to every such Inspector General.
III No Person shall keep a House for the Reception of Insane Persons unless licensed.
III. And be it enacted, That from and after the Commencement of this Act it shall not be lawful for any Person to keep a House for the Reception of Two or more Insane Persons inIreland unless the same shall have been first duly licensed in the Manner directed by this Act; and every Person keeping a House for the Reception of Two or more Insane Persons, not duly licensed, shall be deemed guilty of a Misdemeanor: Provided always, that no One Licence shall authorize any Person to keep more than One such House.
IV Justices of Peace may grant Licences.
IV. And be it enacted, That the Justices of the Peace assembled in General or Quarter Sessions inIreland shall have Authority to grant Licences (if they shall think fit) in the Manner directed by this Act for Persons to keep Houses for the Reception of Two or more Insane Persons, of One or both Sexes, as such Justices shall think fit, within their respective Counties.
V Licences to be granted in Court.
V. And be it enacted, That every such Licence shall be granted in manner following, and not otherwise; (that is to say,) every such Licence shall be granted by the Justices in General or Quarter Sessions assembled for the County wherein the House sought to be licensed shall be situate, and shall be under the Hands and Seals of Three or more of the said Justices in General or Quarter Sessions assembled; and every Personwho shall apply or intend to apply to have a House licensed for the Reception of Insane Persons shall give Notice to the Clerk of the Peace for the County wherein such House shall be situate Fourteen clear Days at the least prior to the General or Quarter Sessions where he shall apply for such Licence, which Notice shall contain the true Christian and Surname and Place of Abode of the Person so applying and intending to keep such House, and in case such Person so applying shall not propose to reside himself in the licensed House, the Christian and Surname and previous Occupation of the Superintendent who is to reside therein; and such Notice shall state whether the Licence so applied for is for the Reception of Male or of Female Patients, or of both, and if for the Reception of both, shall state the Number of each Sex proposed to be received, and show the Means by which the one Sex may be kept distinct and apart from the other; and such Notice shall be accompanied by a Plan of such House, to be drawn upon, a Scale of not less than One Eighth of an Inch to a Foot, with a Description of the Situation thereof, and the Length, Breadth, and Height of, and a Reference by a Figure or Letter to every Room and Apartment therein, and a Statement of the greatest Number of Patients proposed to be received into such House, which Notice and Plan shall be laid by such Clerk of the Peace before the Justices at such Time as the shall take into consideration the Application for such Licence.
VI Detached Buildings to be considered Part of the House; and Notice of Alterations be given.
VI. And be it enacted, That if there be any Place or Building detached from any House to be licensed, but belonging to or in anywise appertaining to such House, such Place or Building shall be considered Part of such licensed House for all the Purposes of this Act; and that Notice of any Additions or Alterations which shall from Time to Time be made to or in any House licensed under this Act shall be given by the Person to whom the Licence shall have been granted to the Clerk of the Peace for the County wherein such House shall be situate, within One Calendar Month next after the Completion thereof, accompanied with a Plan of all the Additions and Alterations, to be drawn upon the Scale aforesaid; and if any Person whose Duty it shall be so to do shall (wilfully, and with Intentionto deceive,) not give a full and complete Plan of the whole of any House to be licensed, or Notice of any and all such Additions and Alterations as shall have been made in any such licensed House, or if any Person shall, in any such Notice as aforesaid, wilfully make any false or erroneous Statement, every Person so offending shall be deemed guilty of a Misdemeanor.
VII Licence to be made out by Clerk of the Peace according to Schedule \(A.), and Fees to be paid thereon.
VII. And be it enacted, That every such Licence shall be made out by the Clerk of the Peace of the County wherein the House to be licensed shall be situate according to the Form in Schedule (A.) annexed to this Act, for such Time not exceeding Thirteen Calendar Months, as the Justices shall think fit, and shall be signed by Two or more such Justices, and shall be duly stamped with a Ten Shilling Stamp; and for every Licence granted to any Person for keeping a House for the Reception of Insane Persons there shall be paid to the Clerk of the Peace, exclusive of the Sum to be paid for the Stamp, the Sum of Ten Shillings for every Insane Person proposed to be received into such House, but for no Licence to be so granted shall be paid less than Five Pounds, exclusive of the Sum paid for the Stamp; and such Licence shall not be delivered nor be of any avail until the Sum so payable thereon shall have been paid.
VIII When Licence granted Clerk of Peace to send to Inspectors Copy of Licence, Notice, and Plan.
VIII. And be it enacted, That the Clerk of the Peace for every County shall, within Four clear Days after the granting of every such Licence in such County, transmit to the said Inspectors General, or One of them, a true Copy of such Licence, and of the Notice and Plan given to him previous to the Application for such Licence; and in default of so doing, and for every such Offence, such Clerk of the Peace shall be subject and liable to a Penalty not exceeding the Sum of Five Pounds, nor less than Forty Shillings.
IX How Money received for Licences to be disposed of.
IX. And be it enacted, That all Monies to be received for such Licences shall be paid over, by the Clerks of the Peace by whom the same shall have been received respectively, to the said Inspectors General, at such Time and in such Manner as the Commissioners of Her Majesty's Treasury, or any Three or more of them, shall direct, and from such Monies shall be paid all the Fees and Expences required to be disbursed in the Execution of this Act; and the said Inspectors General shall keep a true Account of all such Receipts and Disbursements, which Account shall be made up to the First Day ofJanuary in each Year, and shall specify the several Heads of Expenditure, and shall be signed by such Inspectors General, and laid before Parliament on or before the...
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