HL Deb 01 March 1887 vol 311 cc869-71

(The Lord Chancellor.)


House again in Committee (according to order).

Clause 3 (Order for reception of private patients, to be made by County Court Judge, Magistrate, or Justice).


, on rising to move the Amendments to Clause 3 which he had undertaken to prepare when the Bill was previously in Committee, said, that he had endeavoured to meet the views which many of their Lordships opposite expressed when the subject was before under discussion. He believed Amendments such as he proposed were necessary to make the Bill acceptable and to ensure its being passed into law. He would now move the omission of subsections 9 and 10.

Moved, To omit sub-sections 9 and 10.—(The Lord Chancellor.)

Motion agreed to.

Moved, To add the following sub-sections:— Upon the presentation of the petition the judge, magistrate, or justice, shall consider the evidence of lunacy appearing by the medical certificates, and whether it is necessary for him personally to see and examine the alleged lunatic, and if he is satisfied that an order may properly be made forthwith he may make the same accordingly. The judge, magistrate, or justice, if not satisfied with the evidence of lunacy appearing by the medical certificate may, if he thinks it necessary so to do, visit the alleged lunatic at the place where he may happen to be. When a lunatic has been received in an asylum, hospital, or house, or as a single patient under an order of a judge of County Courts, magistrate, or justice, and has not been already visited by such judge, magistrate, or justice, the lunatic shall have the right either to be visited by or to be taken before a judge, magistrate, or justice, having jurisdiction within the district, unless the medical superintendent of the asylum or hospital, or the medical proprietor or attendant of the house, or the medical attendant of the single patient, shall sign a certificate in writing that such right would be prejudicial to the lunatic, and shall send the certificate to the judge, magistrate, or justice. If such certificate is not signed the superintendent or proprietor of the asylum, hospital, or house, or the person having charge of the lunatic as a single patient shall, within 24 hours after the lunatic's reception, give him notice in writing of such right, and if the lunatic within seven days after his reception desires to exercise such right, the superintendent, or proprietor, or person having charge of the lunatic as a single patient, shall forthwith give notice in writing thereof to the judge, magistrate, or justice, who shall thereupon either visit the lunatic or procure the lunatic to be brought before him by the superintendent, proprietor, or other person. If any superintendent or proprietor of an asylum, hospital, or house, or any person having charge of a single patient omits to give either of the notices mentioned, he shall be guilty of a misdemeanour.


suggested some verbal Amendments in the new provisions of the Lord Chancellor.


said he would undertake to consider the Amendments and to make them, if he could, on the Report stage.

The Report of the Amendments to be received on Tuesday next; and Bill to printed as amended. (No. 34.)