Lunacy Regulation (Ireland) Act 1871

34 & 35 Vict. c. 22 · Enacted 25 May 1871

Contents

1. 1Title of Act.
2. 2Interpretation of terms.
3. 3The clerk of the custodies to be styled the registrar in lunacy; his duties and salary.
4. 4Copies of medical certificates, &c. certifying as to lunacy to be transmitted to registrar.
5. 5Manager, &c. of asylum, on receiving any lunatic, &c. to make return.
6. 6Persons treating any other as lunatic, &c. to make return.
7. 7Persons making wilfully false returns to be guilty of perjury.
8. 8Persons neglecting to make return to be subject to penalty.
9. 9No penalty to be exacted in case of unavoidable accident.
10. 10Penalties under the Act how recovered.
11. 11Medical visitors may be ordered to visit alleged lunatic, and report.
12. 12Inquiry may be ordered on the report of visitor.
13. 13Alleged lunatic within jurisdiction to have notice, and may demand an inquiry before a jury.
14. 14Where alleged lunatic demands a jury, Lord Chancellor may examine him as to competency, and order a jury.
15. 15Cases where a jury may be dispensed with.
16. 16Issue of lunacy may be sent to a common law court, &c.
17. 17Order of Lord Chancellor or certificate of judge to be deemed an inquisition.
18. 18Jury to be had if lunatic out of jurisdiction.
19. 19Inquiry not to be carried back, except under special order.
20. 20Last five sections not to apply to pending petitions.
21. 21Nothing to preclude the Lord Chancellor from issuing a special commission.
22. 22Inquiry by legal visitors may be directed.
23. 23Evidence may be oral, &c.
24. 24Lord Chancellor or master may administer oath.
25. 25Swearing of affidavits in the colonies, &c.
26. 26Form of affidavits.
27. 27Short form of affidavit for verification of documents, as in schedule.
28. 28Witnesses maybe cross-examined orally. How expenses to be paid.
29. 29Masters may issue advertisements.
30. 30Lord Chancellor may authorise payment or transfer into court of money or stock as security for receiver.
31. 31Grant of custody may be extended to surviving committees in certain cases.
32. 32Master to allow items, subject to appeal to Lord Chancellor.
33. 33Lord Chancellor may dispense with attendance of next of kin.
34. 34In cases of members of same family, proceedings may be consolidated, and evidence interchanged.
35. 35Master may direct times, &c. of proceeding before him.
36. 36Master to inquire into delays.
37. 37Master may disallow costs.
38. 38Documents not to be of unnecessary length.
39. 39Master may report decision pending inquiry.
40. 40Form of reports.
41. 41Reports to be filed with registrar in lunacy only.
42. 42Objections to report may be brought in.
43. 43No petition against confirmation, but objections to be brought forward on petition for confirmation.
44. 44Reports not objected to may be confirmed without petition.
45. 45Such reports to contain consequential directions, and fiat of Lord Chancellor to give them operation of orders.
46. 46Cases in which reports shall not be confirmed without petition.
47. 47Form of Orders.
48. 48Orders to be entered by the registrar, and office copies to be furnished and signed by him.
49. 49Money orders to be acted upon by Accountant General as if drawn up by the Registrar of the Court of Chancery. Registrar to certify to Accountant General.
50. 50Persons forging the signature or seal of the registrar guilty of felony.
51. 51Notwithstanding the death of lunatic, the Lord Chancellor's control over his estate to continue.
52. 52Upon death of lunatic the committee to bring in statement of facts. The master to report thereon.
53. 53Master may open and deliver out will.
54. 54Report upon the death of lunatic not to be confirmed save by order of the Lord Chancellor.
55. 55Order by the Lord Chancellor upon any such report.
56. Visiting
57. 56Duties of visitors.
58. 57All lunatics to be visited four times a year.
59. 58Visitors to report to Lord Chancellor.
60. 59Visitors reports to be kept secret, and destroyed on death, &c.
61. 60Committee may surrender lease, and accept renewal.
62. 61Charges of renewal to be charged on estates.
63. 62New leases to be to the same uses.
64. 63Lunatic's property may be sold, mortgaged, &c., for debts, maintenance, &c.
65. 64Power to charge lunatic's property for his maintenance, debts, and costs.
66. 65Modes in which future maintenance may be charged when interest not in possession.
67. 66Expenses of improvements may be charged on estate.
68. 67Surplus of moneys to be of the same nature as the estate.
69. 68Power to Lord Chancellor, where property of lunatic does not exceed £2,000 in value, or £100 per annum, to apply it for his benefit in a summary manner, without inquisition.
70. 69Power to sell land or other property of lunatic for his benefit.
71. 70Power to apply property of persons acquitted on the ground of insanity for their benefit.
72. 71Where lunacy temporary, Lord Chancellor may apply cash arising from income for temporary maintenance, without grant, &c.
73. 72Committee may convey land in performance of contracts.
74. 73Lord Chancellor may dissolve partnership, and committee may convey partnership property.
75. 74Committee may make sale, partition, or exchange.
76. 75Committee may sell land for building purposes.
77. 76Committee may assign business premises.
78. 77Committee may dispose of undesirable lease.
79. 78Committee may make building and other leases, subject to such covenants as Lord Chancellor shall order.
80. 79Committee may make leases of mines already opened.
81. 80Committee may, where necessary for maintenance of lunatic, or expedient, make leases of mines unopened.
82. 81Lord Chancellor, in matters of lunacy, enabled to empower committees of estates to grant leases binding on issue or remaindermen.
83. 82Produce of newly-opened mines, where necessary for lunatic's maintenance, to be so applied; otherwise to be carried to separate account, and be considered real estate.
84. 83Committee may execute leasing powers of lunatic having limited estate.
85. 84Committee may accept surrender, and make new lease.
86. 85Fines, how to be paid. On death of lunatic, quality of money arising by fines.
87. 86Committee may exercise power vested in lunatic for his own benefit or give consent.
88. 87Committee may exercise power vested in lunatic in character of trustee or guardian, &c.
89. 88Appointment of new trustees under power to have effect of appointments by Court of Chancery, and like orders may be made as under Trustee Act, 1850.
90. 89Deeds, &c. executed under this Act to be as valid as if lunatic had been of sound mind.
91. 90Stock belonging to lunatic may be ordered to be transferred.
92. 91Stock in name of lunatic residing out of Ireland may be ordered to be transferred.
93. 92Who shall be appointed to make transfer.
94. 93All deeds, transfers, payments, &c. made in pursuance of this Act to be valid and binding.
95. 94Costs may be paid out of estate.
96. 95Act not to subject lunatic's property to debts.
97. 96Powers to extend to colonies, &c.
98. Traverse
99. 97Petitions for traverse to be presented within a limited time.
100. 98Persons not petitioning or not proceeding to trial within limited time barred
101. 99Lord Chancellor may direct new trials.
102. 100Lord Chancellor may, notwithstanding traverse, make orders for management of person and estate.
103. 101No traverse of an inquisition made by one of the judges of the superior courts and by a jury to be granted, but new trial may be ordered by the Lord Chancellor.
104. 102Commission may be superseded on conditions.
105. 103Power to appoint a guardian of person of weak mind.
106. 104No order to have validity for more than six months.
107. 105Guardian to file monthly accounts.
108. 106Hearing of petition for guardian to be in camera.
109. 107Conveyances, transfers, &c. executed by guardian to be valid.
110. 108Appointment of future registrars.
111. 109Annual percentage to be charged on estates of lunatics.
112. 110Master to certify the amount of the clear annual income of each lunatic.
113. 111Percentage to be paid notwithstanding death, &c. before payment.
114. 112Power to Lord Chancellor to alter per-centage and fees.
115. 113Power to exempt small properties.
116. 114Provisions respecting per-centage and fees to apply to cases under 8 & 9 Vict. c.100 and to certain cases where lunatic is out of jurisdiction.
117. 115Lord Chancellor may-direct annul ties to be paid to registrars, &c.
118. 116Annuities and salaries to be in lieu of fees.
119. 117Lord Chancellor may direct office expenses, &c. to be paid, out of the fees.
120. General Orders
121. 118Power to Lord Chancellor to make general orders.
122. Schedule ISchedule I
123. Schedule IISHORT FORM OF AFFIDAVIT.