Main Provisions of the 1842 Lunacy Inquiry Act: 5 + 6 Vict c. 87
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Main Provisions of the 1842 Lunacy Inquiry Act

This is part of
the chapter on the Lunacy Inquiry Commission in Andrew Roberts' book on The Lunacy Commission. It is a summary and analysis of the main points of The 1842 Lunacy Inquiry Act: 5 + 6 Victoria chapter 87 . Alterations to previous legislation that are not directly relevant to the inquiry are in the summary of 1828 and 1832 Acts and subsequent developments.

  Alterations to the Commission
  Date of appointment altered
  Number of professional commissioners increased

  Conduct of the Inquiry
  Visits to county houses
  Visits to county asylums
  Visits to hospitals
  Time of visits
  Subjects of inquiry
  Reporting
  Payment of commissioners and other financial matters

Section numbers are followed by a capital letter where the section was not in the Licensed Lunatic Asylums Bill (Bill dated 18.3.1842). The capital is the same as that used to indicate the new clause in the amended Bill of 23.5.1842 (the Inquiry Bill).

ALTERATIONS TO THE COMMISSION

Date of appointment altered

section one:

The annual appointment of Metropolitan Commissioners was to be made on or before 25.8.1842 (*) and in subsequent years on August 1st, or within 10 days after, instead of on September 1st, or within 10 days after, as under the 1832 Madhouses Act.

Number of professional commissioners increased

section 2.A

15 to 20 commissioners were to be appointed (as before) but 6 or 7 were to be: "Physicians or surgeons not practising in midwifery or pharmacy" (*) (instead of 4 or 5 physicians as before) and 4 were to be barristers (instead of 2 as before).

(*) As the 1832 Madhouses Act was considered as repeated in this Act (4.1) a strict interpretation would have meant they had to be members of the London Colleges of Physicians and Surgeons (3S.9).

CONDUCT OF THE INQUIRY

Visits to county houses

section seven

The commission, at a meeting held as soon after each year's appointments as possible, was to divide England and Wales into convenient districts for visiting the County licensed houses. Every such house was to be visited at least once in every six months by: "not less than two Metropolitan Commissioners of whom at least one shall be a physician of surgeon and one shall be a barrister commissioner" (a)

(a) Hereafter in this summary referred to as a medical and legal commissioner. Only two commissioners could be paid fees or expenses for visiting outside the London area (section 39) So visiting of all asylums outside London was to be by a medical and legal commissioner, although they could be accompanied by any other commissioner/s (unpaid) wiling to pay his own expenses.

Visits to county asylums

section thirty G

Whereas under the 1828 County Asylums Act, it was amongst other things enacted that all County Asylums should be regulated under the directions of that Act, and it is desirable, with a view to the amelioration of the condition of insane persons, that inspections should be had and reports made of all such asylums, and that competent persons should be appointed for that purpose:-

A medical and legal commissioner were to visit every such asylum at least once in every year.

INQUIRIES On these visits to county houses and County Asylums and also on the established visits to London houses under the 1832 Act the commissioners were to make specific inquiries and report on their findings: (Click for subjects of inquiry)

Visits to hospitals

section thirty eight P

And whereas it may be desirable, with a view to such general amelioration as aforesaid, that inspection should also be had of the Royal Miltary and Naval Hospitals and all other (if any) public asylums, other than County Asylums, for the reception of insane person (excepting Bethlem), and that competent person should be appointed for that purpose:

The Lord Chancellor and/or Home Secretary may, if he or they think fit, require (in writing) the metropolitan commissioners to visit any such hospital or asylum (except Bethlem) and to report as to the state and condition thereof respectively and the system of treatment therein adopted, in such manner as they or he shall think fit. And thereupon, a medical and legal commissioner shall (with full power and authority to do so), visit each and every such hospital and asylum, and report there on, as so required.

Time of visits

section seven and section thirty B

The county houses and County asylums could be visited on such day or days in the year, at such reasonable times of the day and for such length of time as the visiting commissioners saw fit.

section seven

County houses could also be visited at other times (e.g., but not stated, at night) with the authority of a specific resolution of the board.

section thirty eight P

Visits under section 38 (Hospitals) were to be made at such time, at such reasonable hours of the day, and for such length of time as the visiting commissioners saw fit, but it was not stated who was to determine the day or days.

section seven

On application of the Commission, the Lord Chancellor could reduce the necessary annual visits to all or any County house from two to one.

Subjects of inquiry

The issues the commissioners were to minute or report on were:

with respect to county houses:

section seven

The then condition of the house ... and the patients, ... the number under restraint and the reasons thereof ... such irregularity (if any) as may exist in the certificates ... whether the suggestions (if any) of the County visitors had or had not been attended to, and also any "informality" in the licence.

with respect to county asylums:

section thirty one H

Whether "the provisions of the law" had been carried out as to the construction, visitation and management of the County Asylum, and also as to the regularity of admissions and liberations of patients

with respect to county asylums and all licensed houses (London and county)

section eight B

"whether there has been adopted either in whole or in part, any system of non-coercion, and if so the particulars of such system, and by what means practised, and whether by medical treatment or otherwise, and what has been the result thereof"

sections nine C and thirty three K

"the classification or non-classification of patients, the number of attendants in each class, and, so far as practicable, the proportionate number of attendants before and since the adoption of non-coercion, if such system shall have been adopted."

sections ten D and thirty four L

"the occupations and amusements of the patients ... and whether the same be in-door or out-door ... and the effect ... indoor and out-door respectively, on the condition, as well mental as bodily of the patients."

section eleven E

"the condition, as well mental as bodily, of the pauper patients (if any), when first received ... and whether the condition has been such as to prevent or impeded the ultimate recovery, either mental or bodily, of such patients, and also as to the dietary of the pauper patients"

Reporting

section thirty eight P The visiting commissioners were to report on any hospital visited (under section 38) in the manner the Home Secretary and/or the Lord Chancellor saw fit.

section seven

On visits to County houses they were to make a minute of the issues specified in section 7 in the Visitors Book of each house.

sections: thirty one H; eight B; nine C; thirty three K; ten D; thirty four L and eleven E

The other issues I have listed under subjects of inquiry were to be "stated by their report in writing" with respect to each visit to each County or London house and each County Asylum.

sections twelve F and thirty seven O

Each report on a County or London house or a County Asylum, signed by the visiting commissioners, was to be delivered to the London clerk who was to enter it into a book kept for the purpose. Lists of patients etc in each County Asylum required to be collected under s.36/N (4S.#.#) were to be similarly signed, delivered and entered in the book

In practice the visiting commissioners entered a minute of all specified issues in the Visitors Books of the County Houses (See Parry-Jones, W.L. 1972 pp 144-145 where he reproduces such a minute) and one assumes delivered a copy of the same to the clerk.

Payment of commissioners and other financial matters

section thirty nine Q

Every commissioner was to be paid travelling and other expenses whilst employed in executing the duties of his office provided that only two should be paid them for a visit outside the london area.

section forty R

Every physician, surgeon and barrister commissioner was to be paid £1 an hour (exclusive of expenses) when employed in executing his duties as to houses, hospitals and asylums situated within the London area [The same rate as under the 1832 Act] and £5.5/- a day for every day employed in executing his duties as to those outside the London area, provided that only two should be paid for a visit outside the London area.

section forty two T

To be paid from normal funds.

section forty four ?

The Treasury could advance money "by way of imprest" to the Metropolitan Commissioners, for carrying into effect the provisions of the various Acts. This money "to be accounted for by the said Commissioners in their next Account".

© Andrew Roberts 1981-


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asylums defined


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Timeline 1842.

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