Lunacy Regulation (Ireland) Act 1871

1. Introductory Text

2. 1. Title of Act.

3. 2. Interpretation of terms.

4. 3. The clerk of the custodies to be styled the registrar in lunacy; his duties and salary.

5. 4. Copies of medical certificates, &c. certifying as to lunacy to be transmitted to registrar.

6. 5. Manager, &c. of asylum, on receiving any lunatic, &c. to make return.

7. 6. Persons treating any other as lunatic, &c. to make return.

8. 7. Persons making wilfully false returns to be guilty of perjury.

9. 8. Persons neglecting to make return to be subject to penalty.

10. 9. No penalty to be exacted in case of unavoidable accident.

11. 10. Penalties under the Act how recovered.

12. 11. Medical visitors may be ordered to visit alleged lunatic, and report.

13. 12. Inquiry may be ordered on the report of visitor.

14. 13. Alleged lunatic within jurisdiction to have notice, and may demand an inquiry before a jury.

15. 14. Where alleged lunatic demands a jury, Lord Chancellor may examine him as to competency, and order a jury.

16. 15. Cases where a jury may be dispensed with.

17. 16. Issue of lunacy may be sent to a common law court, &c.

18. 17. Order of Lord Chancellor or certificate of judge to be deemed an inquisition.

19. 18. Jury to be had if lunatic out of jurisdiction.

20. 19. Inquiry not to be carried back, except under special order.

21. 20. Last five sections not to apply to pending petitions.

22. 21. Nothing to preclude the Lord Chancellor from issuing a special commission.

23. 22. Inquiry by legal visitors may be directed.

24. 23. Evidence may be oral, &c.

25. 24. Lord Chancellor or master may administer oath.

26. 25. Swearing of affidavits in the colonies, &c.

27. 26. Form of affidavits.

28. 27. Short form of affidavit for verification of documents, as in schedule.

29. 28. Witnesses maybe cross-examined orally. How expenses to be paid.

30. 29. Masters may issue advertisements.

31. 30. Lord Chancellor may authorise payment or transfer into court of money or stock as security for receiver.

32. 31. Grant of custody may be extended to surviving committees in certain cases.

33. 32. Master to allow items, subject to appeal to Lord Chancellor.

34. 33. Lord Chancellor may dispense with attendance of next of kin.

35. 34. In cases of members of same family, proceedings may be consolidated, and evidence interchanged.

36. 35. Master may direct times, &c. of proceeding before him.

37. 36. Master to inquire into delays.

38. 37. Master may disallow costs.

39. 38. Documents not to be of unnecessary length.

40. 39. Master may report decision pending inquiry.

41. 40. Form of reports.

42. 41. Reports to be filed with registrar in lunacy only.

43. 42. Objections to report may be brought in.

44. 43. No petition against confirmation, but objections to be brought forward on petition for confirmation.

45. 44. Reports not objected to may be confirmed without petition.

46. 45. Such reports to contain consequential directions, and fiat of Lord Chancellor to give them operation of orders.

47. 46. Cases in which reports shall not be confirmed without petition.

48. 47. Form of Orders.

49. 48. Orders to be entered by the registrar, and office copies to be furnished and signed by him.

50. 49. Money 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.

51. 50. Persons forging the signature or seal of the registrar guilty of felony.

52. 51. Notwithstanding the death of lunatic, the Lord Chancellor's control over his estate to continue.

53. 52. Upon death of lunatic the committee to bring in statement of facts. The master to report thereon.

54. 53. Master may open and deliver out will.

55. 54. Report upon the death of lunatic not to be confirmed save by order of the Lord Chancellor.

56. 55. Order by the Lord Chancellor upon any such report.

57. Visiting

    1. 56. Duties of visitors.

    2. 57. All lunatics to be visited four times a year.

    3. 58. Visitors to report to Lord Chancellor.

    4. 59. Visitors reports to be kept secret, and destroyed on death, &c.

    5. 60. Committee may surrender lease, and accept renewal.

    6. 61. Charges of renewal to be charged on estates.

    7. 62. New leases to be to the same uses.

    8. 63. Lunatic's property may be sold, mortgaged, &c., for debts, maintenance, &c.

    9. 64. Power to charge lunatic's property for his maintenance, debts, and costs.

    10. 65. Modes in which future maintenance may be charged when interest not in possession.

    11. 66. Expenses of improvements may be charged on estate.

    12. 67. Surplus of moneys to be of the same nature as the estate.

    13. 68. Power 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.

    14. 69. Power to sell land or other property of lunatic for his benefit.

    15. 70. Power to apply property of persons acquitted on the ground of insanity for their benefit.

    16. 71. Where lunacy temporary, Lord Chancellor may apply cash arising from income for temporary maintenance, without grant, &c.

    17. 72. Committee may convey land in performance of contracts.

    18. 73. Lord Chancellor may dissolve partnership, and committee may convey partnership property.

    19. 74. Committee may make sale, partition, or exchange.

    20. 75. Committee may sell land for building purposes.

    21. 76. Committee may assign business premises.

    22. 77. Committee may dispose of undesirable lease.

    23. 78. Committee may make building and other leases, subject to such covenants as Lord Chancellor shall order.

    24. 79. Committee may make leases of mines already opened.

    25. 80. Committee may, where necessary for maintenance of lunatic, or expedient, make leases of mines unopened.

    26. 81. Lord Chancellor, in matters of lunacy, enabled to empower committees of estates to grant leases binding on issue or remaindermen.

    27. 82. Produce 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.

    28. 83. Committee may execute leasing powers of lunatic having limited estate.

    29. 84. Committee may accept surrender, and make new lease.

    30. 85. Fines, how to be paid. On death of lunatic, quality of money arising by fines.

    31. 86. Committee may exercise power vested in lunatic for his own benefit or give consent.

    32. 87. Committee may exercise power vested in lunatic in character of trustee or guardian, &c.

    33. 88. Appointment 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.

    34. 89. Deeds, &c. executed under this Act to be as valid as if lunatic had been of sound mind.

    35. 90. Stock belonging to lunatic may be ordered to be transferred.

    36. 91. Stock in name of lunatic residing out of Ireland may be ordered to be transferred.

    37. 92. Who shall be appointed to make transfer.

    38. 93. All deeds, transfers, payments, &c. made in pursuance of this Act to be valid and binding.

    39. 94. Costs may be paid out of estate.

    40. 95. Act not to subject lunatic's property to debts.

    41. 96. Powers to extend to colonies, &c.

58. Traverse

    1. 97. Petitions for traverse to be presented within a limited time.

    2. 98. Persons not petitioning or not proceeding to trial within limited time barred

    3. 99. Lord Chancellor may direct new trials.

    4. 100. Lord Chancellor may, notwithstanding traverse, make orders for management of person and estate.

    5. 101. No 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.

    6. 102. Commission may be superseded on conditions.

    7. 103. Power to appoint a guardian of person of weak mind.

    8. 104. No order to have validity for more than six months.

    9. 105. Guardian to file monthly accounts.

    10. 106. Hearing of petition for guardian to be in camera.

    11. 107. Conveyances, transfers, &c. executed by guardian to be valid.

    12. 108. Appointment of future registrars.

    13. 109. Annual percentage to be charged on estates of lunatics.

    14. 110. Master to certify the amount of the clear annual income of each lunatic.

    15. 111. Percentage to be paid notwithstanding death, &c. before payment.

    16. 112. Power to Lord Chancellor to alter per-centage and fees.

    17. 113. Power to exempt small properties.

    18. 114. Provisions 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.

    19. 115. Lord Chancellor may-direct annul ties to be paid to registrars, &c.

    20. 116. Annuities and salaries to be in lieu of fees.

    21. 117. Lord Chancellor may direct office expenses, &c. to be paid, out of the fees.

59. General Orders

    1. 118. Power to Lord Chancellor to make general orders.

60. 1. SCHEDULE I

    2. SCHEDULE II

       SHORT FORM OF AFFIDAVIT.