The Mental Deficiency Act, 1913 : together with the regulations and rules made under the provisions of that Act, the departmental circulars, the Elementary (Defectice and Epileptic Children) Acts, 1899 and 1914, and, introduction and annotations / by R.A. Leach.
- Date:
- 1914
Licence: In copyright
Credit: The Mental Deficiency Act, 1913 : together with the regulations and rules made under the provisions of that Act, the departmental circulars, the Elementary (Defectice and Epileptic Children) Acts, 1899 and 1914, and, introduction and annotations / by R.A. Leach. Source: Wellcome Collection.
88/312 page 68
![expression “ place of residence ” in this section shall be construed as the county or county borough (as the case may be) in which the person would, if he were a pauper, be deemed to have acquired a settlement within the meaning of the law relating to the relief of the poor. (5) The power of the Lord Chancellor to make rules under section twenty-nine of the Summary Jurisdiction Act, 1879 [42 & 43 Viet. c. 49] shall extend to making rules for prescribing anything which under this section is to be prescribed, and gener- ally to the procedure of courts of summary jurisdiction under this section. STJPERAIVNUATION OF OFFICERS. 45.—(1) The Asylums Officers’ Superannuation Act, 1909 [9 Edw. 7. c. 48] shall apply to the officers of certified institutions provided by local authorities, with the substitution of references to the managers of such institutions for references to visiting section shall not be made upon the evidence of the person to be removed, without such corroboi’ation as the justices or court think sufficient.” The Statutes relating to pauper irremovability are the Poor Removal Acts, 1846, 1848, 1861, 1864, and the Union Chargeability Act, 1865 (section 8). (See also section 69 of the present Act and Note thereto.) The law of paupers’ settlement and removal has been astoundingly prolific in decisions of the courts. A very handy treatise on the whole subject is Maude’s “ Law of Settlement,” published by the Poor-Law Publications Company, 27-29, Furnival Street, London, E.C., at the price of 5s. net. These are Statutes applying to the removal of Scotch and Irish paupers resident in England, but who have not obtained a settlement or status of irremovability in England. Those Statutes do not apply to any case coming under the present Act (sec section 72 (2) ), any more than they apply to cases dealt with under the English Lunacy Acts. Eulcs of 'procedure.—The rules that the Lord Chancellor may make under section 29 of the Summary Jurisdiction Act, 1879, are to be sub- mitted before both Houses of Parliament as soon as may be after they are made, if Parliament be then sitting, or if not then sitting, within one month after the commencement of the next session of Parliament; and it IS enacted that “they shall be judicially noticed.” For the Lord Chan- cellor’s “ Rules of procedure to determine place of residence,” see the “Summary Jurisdiction (Mental Deficiency Act) Provisional Rules,” post. «.4u(es to Section 45. The Asylums Officers' Superrnmuation Act, 1909, repeals the sections of the Lunacy Act, 1890, that relate to superannuation of established officers and servants of county and borough asylums for lunatics; and makes new provisions of an obligatory character—the previous provisions were not so—on the same matter. These new provisions require the division of officers and servants by the asylum committee into divisions ot first class and second class. (Section 1.) Officers and servants of the first class are able to retire on the full superannuation allowance, after twenty years’ service if not less than 55 years of age—the allowance being com- puted on the basis of one-fiftieth of the salary or wages and emoluments— reckoned on the annual average of the last ten years of service—for each complete, year of service; for the second class the age of retirement must not be less than sixty years and the, service not less than twenty years, basis of computation of the allowance being one-sixtieth of salary, etc., for each completed year of service (sections 2 and 16). Provisions are made](https://iiif.wellcomecollection.org/image/b29010172_0088.jp2/full/800%2C/0/default.jpg)
