Report of the Royal Commission on the care and control of the feeble-minded, Volume VIII.

  • Great Britain. Royal Commission on the Care and Control of the Feeble-minded.
Date:
1908
Catalogue details

Licence: In copyright

Credit: Report of the Royal Commission on the care and control of the feeble-minded, Volume VIII. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

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    MENTALLY DEFECTIVE PERSONS AND THE LUNACY COMMISSION. Chapter XXXVIII. The Chancery Jurisdiction and the Lunacy Commission. Masters in Lunacy : Summary of Duties. Ambrose, Vol. IV., p. 154, col. ]. Lunacy Act, 1891, Sec. 27 (1). Rules in Lunacy, 1892, Sec. 10. 772. The duties of the masters as summarised in a memorandum prepared in the department and prefixed to the evidence of Master Ambrose, K.C., then a Master in Lunacy, are as follows :— They hold inquisitions with or without a jury, and while executing an inquisition the master has the powers of a judge of the High Court. Orders for inquisition, with or without a jury, or for the trial of an issue in the High Court in lieu of inquisition, for a traverse, and for a supersedeas, are made by the judge without previous consideration of the applications (which are by petition) to the masters. The masters performed the duties formerly performed by the Masters in Ordinary of the Court of Chancery relating to all inquiries and matters connected with the persons and estates of lunatics and such other duties as the Lord Chancellor directed by general orders, e.g., they enquired and reported or certi- fied to the judge in IMnacy, as to the most fit persons to be appointed com- mittees, the lunatic’s kin, fortune, income, maintenance and debts, and any matter affecting his person or estate, and submitted consequential directions or minutes of order for the confirmation and approval of the judge. They further, inter alia, approved of the security to be given by committees and receivers, and took their accounts and collected the lunacy percentage, and they still do so. Now, by Section 27 (1) of the Lunacy Act, 1891, it is enacted that “ subj ect to Rules in Lunacy, the jurisdiction of the judge in lunacy as regards administration and management may be exercised by the masters, and every order of a master in that behalf shall take effect unless annulled or varied by the judge in lunacy” ; and Rule 10 of the Rules in Lunacy of 1892 authorised the masters to make orders as regards administration and management and costs. Vesting orders, and orders requiring Chancery jurisdiction, and orders under the Lands Clauses Consolidation Acts, the Settled Estates Act, 1877, the Settled Land Acts, 1882 to 1890, are made by the judge, the applications being made by summons at Chambers before the masters, who prepare the minutes of the order and submit them, with the evidence, to the judge. Appeals from the master go to the judge. All matters for the judge are brought before him out of court, but may be adjourned by him into court if necessary for fuller consideration. The ju4ges entrusted with, lunacy jurisdiction, by arrangement amongst themselves, take duty each for a period of six weeks at a time, and hear cases after four o’clock in their private rooms. The Masters in Lunacy : Clerical Staff of the Masters. Ambrose, Vol. IV., p. 153, c. 1. Kealy, Vol. IV., 28196-28208. Kee1y, Vol. IV., 28219-28233. Keely, Vol. IV., 28306-28312. 773. The staff of the office, other than the staff attached to the Chancery visitors, consists of a chief clerk at £800 per annum, seven first-class clerks at salaries, except in one instance, of £500 rising to £600 per annum, four second- class clerks at £250 rising to £400 per annum, and seven third-class clerks at £100 rising to £200 per annum. In addition there is a messenger, who also serves the office of the Lord Chancellor’s visitors, at an inclusive salary of £100 per annum. The masters appoint the clerks in their ofi&ce, their number and salaries being determined by the Lord Chancellor with the concurrence of the Treasury. The appointment of the chief clerk must be made with the approbation of the Lord Chancellor. Since the passing of the Supreme Court (Officers) Act, 1879, the clerks must obtain the certificate of the Civil Service Commissioners. There is no age limit. There is no qualification required beyond a medical certificate and the certificate of the Civil Service Commissioners, and apparently a clerk can only be removed from office by the Lord Chancellor, notwithstanding the Civil Service rule as to retirement at sixty-five under Schedule A. The Masters in Lunacy : Costs in Lunacy. Ambrose, Vol. IV., p. 153, c. 2. 774. Costs in lunacy are at present taxed by and under the direction of the masters, but the actual taxation is performed by one first-class clerk who has a salary of £700 per annum, with the assistance of a third-class clerk. By rules dated December 13th, 1901, provision was made for the amalgamation with the central office, of the taxing department of the Lunacy Office, and the transfer to the central office of the lunacy taxing clerks, but such amalgamation has not been effected. We were told, however, that upon the retirement of the present taxing officer, the transfer would be carried into effect.