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
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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.

    358/552 (page 326)
    A.-THE CENTRAL AUTHORITY. (Kkcommendation.s I.-XXVII.) Transfer of the jurisdiction of the Judge and Masters in [ainacy to the Chancery Division. Jurisdiction of judge in Lunacy. Masters in Lun.acy. Comniission of 1 nquiry. Special Commis.sion may issue. Power to sunimon witnesses. Inquiries before a jury ma}’ be made liy means of an issue in the High Court. Meaning of word iommission in other ^^cts extended. Recommendation VII. That, subject to Recommendations VIII. and IX. below, the Lunacy Jurisdiction now exereised by the Judge and Masters in Lunacy be par.igraphs transferred to the Chancery Division of the High Court, and the jurisdiction of the Masters, as separate officials, be abolished. Note.—The jurisdiction which the Sovereign as Parens PrtJrtVc exercises over insane persons is part of the Royal prerogative. Such jurisdiction was originally exercised I)}'’ the Crown in its Court of Exchequer. It next passed to the Lord Chancellor ; then to the Court of Wards ; and on the abolition of that Court back again to the Lord Chancellor {Pope on lAinacy, 2nd Ed., jd. 28). It is, moreover, either (1) Original or (2) Appellate. The original jurisdiction has again in practice been severed in modern times into (a) Judicial and (b) Ministerial. The Judicial portion of the original jurisdiction has ever since 18.51 been possessed by the Lords Justices, each one of whom is usually entrusted with it by Royal Sign Manual. But so much of it as relates to holding of inquisitions is usually exorcised under the direction of the Lords Justices by the Masters in Lunacy (Lunacy Act, 1890, Secs. 111-114), and by such other persons as may be specially appointed (see ibid, Sec. 113), but may be exercised by means of an issue directed to be tried in the High Court of Justice (see ibid, .Secs. 94 and 334). The Minislerial portion of the Sovereign’s jurisdiction over insane persons has of modern years, and ever since its first establishment, been exercised by the Lunacy Office, of which Office the Masters in Lunacy are the head. The Sections of the Lunacy Act referred to above are reprinted below :— 108.—(1.) The jurisdiction of the Judge in Lunacy under this Act .shall be exereised either by the Lord Chancellor for the time being entrusted by the Sign Manual of Her Majesty with the care and commitment of the custody of the persons and estates of lunatics, acting alone or jointly with anyone or more of such Judges of the Supreme Court ?s may for the time being be entrusted as aforesaid, or by any one or more of such Judges as aforesaid. (2.) The .Judge in Lunacy may make orders for the custody of lunatics so found by inquisition and the management of their estates, and every such order shall take effect as to the custody of the person immediately, and as to the custody of the estate uj)on the Master's certificate of completion of the committee’s security. (.4.) Where upon the inquisition it is speci.ally found or certified that the person to whom the inquisition relates is of unsound mind so as to be incapable of managing his affairs, but that he is capable of managing himself, and is not dangerous to himself or to others, the Judge in Lunacy may make such orders as he thinks fit for the commitment of the estate of the lunatic and its management, including all proper provisions for the maintenance of the lunatic, but it shall not be necessary, unless in the discretion of the judge it appears proper to do so, to make any order as to the custody or commitment of the person of the lunatic. (4.) Any order under this section may be made notwithstanding proceedings are jiending for a traverse or new trial, and any person acling upon an order so made shall bo indemnified as elfectually as if there had been no right of traverse or new trial. 111. —(1.) There shall continue to be Masters in Lunacy as heretofore, and they shall, subject to the provisions of this Act and the Rules in Lunacy, execute and perform the same powers and duties as heretofore, and shall perform such other duties for the benefit of lunatics and their estate.s as the Lord Chancellor may direct. (2.) The powers and authoi ities of the Masters shall be joint and several, and they shall execute commissions and conduct inquiries connected with lunatics or their estates, and perform all other duties committed to them, either separately or together, and at such places, within such times, and in such manner as the Rules in Lunacy, and, subject thereto, as the Judge in Lunatq'may by any special order direct. (3.) A Master must be a barrister of not less than ten years standing, and shall be appointed by the Lord Chancellor. (4.) A Master shall, before being capable of acting, make before the Lord Chancellor, in the manner now used, the declaration to be made by a Master set forth in the Fir.st Schedule. (5.) The Masters shall have such clerks and officers as the Lord Chancellor may, with the concurrence of the Treasury as to number and salaries, determine. (6.) The salaries of the Masters, their clerks and officers, and their exjjenses to the amount sanctioned by the Treasury, shall be paid out of moneys provided by Parliament. 112. A general commission of inquiry, with such variations as may be expedient, may from time to time be issued in duplicate under tlie Creat .Seal, directed to the Masters by name, jointly and severally, who shall by virtue thereof [.roceed, in eatdi case of alleged lunacy concerning which the .fudge in Lunacy orders theiri to inquire, in like manner and with all the like ])owcrs and authorities ' (subject to the ju-ovisiiins in this Act contained) as heretofore. 113. The Lord Chancellor may i.ssiie a commission specially to any jierson or persons alone or in addition to the Master.^-, or one of them, if u])on any occasion he thinks it proper to do so ; and the provisions of this Act so far as applicable shall extend to every commission .so issued sj)ecially. 114. The Masters may administer any oath and take any affidavit and may summon any pooon to give evidence before them, and every jierson so summoned shall be bound to attend as required by the summons. 94.—(1.) Wherever the Judge in Lunacy oiders an in<iuisition before a jury, he may by his order direct his issue to be tried in the High Court, and the question in such issue shall be, whether the alleged lunatic is of unsound mind and incaj.able of managing himself or his afiairs ; and the provisions of this Act w'ith res])C(;t to commissions of lunacy, and orders for ini]uisition to be tiied by a jury, and the trial thereof, and the constitution of the jurj', shall apjdy to any issue to be directed as aforesaid, and the trial thereof, and subject theieto and to the juovisions of this Act, such issue and the trial thereof shall be regulated by the Rules of the Supreme Court for the time being in force relating to the trial of bsucs of fact by a jury, and the verdict upon any such issue tinding the alleged lunatic to be of unsound mind ami incapable of managing himself or his affairs shall have the same effect as an inquisition under this Act. (2.) On the trial of every such ii-sue the alleged lunatic shall, if he is within the jurisidiction, be examined before the evidence is taken, ami at the closeof the proceedings, before the juiw consult as to their verdict, unless the Judge who tries the issue olheiwise diiects ; and such examinations shall take place either in open court or in private as such Judge directs. 334. Where in any Act of I’arliament, order or rule of court, or instrument, refeience is made to a commission of lunacy, or the inquisition thereon, the general commission and the inqui.siiion, or certificate operating as an inquisition, and the issue and verdict thereon respectively in this Act mentioned, shall be deemed to be included in the reference. 32G