Thirty-first annual report of the directors of James Murray's Royal Asylum for Lunatics, near Perth. June 1858.

  • James Murray's Royal Asylum for Lunatics
Date:
1858
Catalogue details

Licence: Public Domain Mark

Credit: Thirty-first annual report of the directors of James Murray's Royal Asylum for Lunatics, near Perth. June 1858. Source: Wellcome Collection.

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    Alleged wrongous detention. Supervision of asylums. by the Court of Session—by the law—with the management—with the regulations of our asylums—management and regulations which are founded on, and guided by, all experience, as well as humanity. The question we wish to raise is whether such interference is neces¬ sary for the ends of the law, and if so, whether it cannot be modified so as to avoid or lessen the injurious effects on the mental health of the patient, in regard to the care of whose mere money and lands the law is so jealous. We presume that the object of the law in causing a copy of the application for a curatory to be personally served on a patient is either, 1. To allow a person, who may believe himself to be improperly detained, an opportunity of defending himself, and opposing the application, on the plea of sanity and wrongous deten¬ tion ; or, 2. To allow a person who grants that he is quite properly detained an opportunity of nominating his own Curator—that is, of opposing the appointment of any individual nominated by his relatives or guardians, to whom he may have objections. If these be not the objects of the law, we are at a loss to know what they are, and should be glad to be informed. Now-a-days there is practically no danger of a person being illegally or improperly detained in a public asylum. The mere fact of his confinement in an asylum is, therefore, prima facie evidence that a patient is legally and medically a fit subject for confinement—that he is of unsound mind, and in consequence thereof, is declared to be by law incompetent to manage either himself or his affairs. He has, or should have, no locus standi: he is irresponsible for his ac¬ tions and sayings; and none of his transactions would legally hold good. The Superintendents of public asylums are all men of education and status in society, who could gain nothing, but who might lose every¬ thing, by the improper detention of a patient. The admission of every patient is under warrant from the Sheriffs of counties, who previously satisfy themselves, by the opinion of two duly qualified medical men, approved of by themselves, if need be, that the case is a proper one for confinement. Should it, however, so happen, that any mistake has happened in the first instance, every patient has the privilege and right of appeal to the Sheriff, who has the power of instituting any investigation he may see fit in any case of alleged wrongous detention, and who may order liberation. Further, all Scotch Asylums are under
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