The procedure at present is essentially the same as formerly, but much legislation has recently taken place on the subject, and now the Act 16 & 17 Viet. c. 70, styled the Lunacy Regulation Act, 1853, has consolidated most of the laws and provisions previously in force. Under this Act the lord chancellor may appoint two serjcants or 'barristers-at-law, to be called masters in lunacy, who are to have and execute all the powers, duties, and authorities formerly had and exe cuted by commissioners named in commissions in the nature of writs De Lunatico Inquirendo. The masters conduct their proceedings either separately or together under the orders and direction of the chancellor.
The chancellor also appoints three visitors, two medical and one legal, whose function it is to visit and report upon the condition of every lunatic of whom the court has the care.
The lords justices of the Court of Appeal in Chancery may also, by virtue of the Queen's sign manual, be entrusted with the care of lunatics, and have the same jurisdiction as the lord chancellor.
The term lunatic is only properly applied to a person who is found to be a lunatic by the verdict of a jury under an inquisition. But the term lunatic is also applied to those who, being considered lunatics, are confined in lunatic asylums or hospitals without having been found lunatics by inquisition.
The subject of insanity and asylums for the insano has of late years occupied a very large share of public attention ; particularly as an opinion has prevailed that insanity is on the increase in this kingdom beyond the ratio of population. The want of accurate information renders this point doubtful ; but it is certain that more than 20,000 insane persons are in confinement in the public asylums and licensed houses in England and Wales, of whom 16,000 are paupers. But as a great number of patients are confined separately, or in the care of their relatives, of whom no public returns are made, this number is probably far below that of the persons insane in the country.
Recent legislation has placed the powers vested in the commissioners in lunacy on an entirely new footing, and has In many respects modified the constitution of asylums. Tho Act 8 & 9 Viet. e. 100, repeals 2 & 3 Win. 1V. c. 107; 3 & 4 Wm. IV. e. 04; 5 & 0 Win. 1V.
; 1 k 2 Viet. c. 73 ; 5 Vice c. 4 ; and S it 6 Viet. c. 87. The same Act sppoinu six commissioners, three of whom are and three t*rriatcr,. with salaries; and five other eommisatouers who act
gratuitously. No person aln act is a commissioner who within one mar has teen directly or Indirectly counectel with any asylum.
Licences are granted by these commissioners st each of their quarterly nwetinga. Any person who wishes to open a house fur the reception of patients is required to send a plan upon a smile of one-eighth of an inch to • foot of every part of the premises at least fourteen days previous to his application. No additions to or alterations in a licensed house can be made without the consent of the commissionem. No licence Is to remain In form more than thirteen months, and the notice of a wish to renew must give the number of patients then confined. The jurisdiction of the oommiseiouere extends to the whole of London and Middlesex, and Southwark; and to all places within seven miles of London. Westminster, and Southwark : in the country the licences are to be granted by the justices of the pence in quarteresessions, who are bound to appoint three of their number, together with one physician, surgeon, or apothecary, as visitors of the asylums licensed by than. Strict regulations are enforced for the reception of patients; it is required that every person, nut being a pauper, received as insane, shall be certified to be so by two physicians or surgeons, who shall visit such patient separately, and shall have no Interest in the asylum in which such patient is to be confined ; and certain entries of these particulars are to be kept at each asylum. For a pauper, the certificate of one medical MAO and the order of two justices is required.
Penalties are fixed for neglecting these rules, or them which direct notice to be given of every admission, death, discharge, or escape. Houses having 100 or more patient., are to have a resident medical attendant, and those of smeller size are to be visited by a medical attendant st defined periods, according to their size. Every house within the immediate jurisdiction of the commissioners must be visited by them at least four time, in the year, and every other house at least twice in the year; these visits may be made at any hour, even by night, and It is penal to conceal any part of a house from them. Sbnilar powers are given to the visitors in the country.