9 Geo. 4, c. 40. shall not be forthwith paid, or in case it shall appear to the satisfaction of such justice, either by the confession of the offender or offenders or otherwise, that the offender or offenders hath or have not sufficient goods and chattels whereon such penalties, forfeitures, fines, costs, and charges may be levied, were a warrant of distress issued, such justice shall not be required to issue such warrant of distress, and thereupon it shall be lawful for such justice or justices, and he or they is and are hereby authorized and required, by warrant under his or their hand and seal or hands and seals, to commit such offender to the common gaol or house of correction for any term not exceeding three calendar months, unless such penalty or forfeiture, and all reasonable charges attending the recoApplication of very thereof, shall be sooner paid and satisfied; and all such fines, penalties, and forfeitures, when recovered, shall, where the application is not otherwise directed by this act, be paid into the hands of the overseers of the poor of the parish where the offence shall be committed; and the overplus, if any, arising from such distress and sale, after payment of the penalty, and the costs and charges attending the same, shall be returned, upon demand, to the owner of the goods and chattels so distrained.

penalties.

Appeal to quarter sessions.

LX. Provided always, and be it further enacted, That any person or persons thinking himself, herself, or themselves aggrieved by any order or judgment made or given, or by the order or determination of any justice or justices of the peace, in pursuance of this act, may, within four calendar months after such order shall be made or given, complain to the justices of the peace at the general or quarter sessions of the peace to be held in and for the county wherein the offence shall be committed, the person or persons appealing having first given at least fourteen days' clear notice in writing of such appeal, and the nature and matter thereof, to the person or persons appealed against, and forthwith after such notice entering into a recognizance before some justice of the said county, with two sufficient sureties, conditioned to try such appeal, and to abide the order and award of the said court thereupon; and the said justices, upon due proof of such notice and recognizance having been given and entered into, shall, in a summary way, hear and determine such complaint at such general or quarter sessions of the peace to be held for the said county, or, if they think proper, adjourn the hearing thereof until the next general or quarter sessions of the peace to be held for the said county, and if they see cause may mitigate any forfeiture or fines, and may order any money to be returned which shall have been levied in pursuance of such order or determination, and shall and may also award such further satisfaction to be made to the party injured, or such costs

to either of the parties, as they shall judge reasonable and 9 Geo. 4, c. 40. proper; and all such determinations of the said justices shall

be final, binding, and conclusive upon all parties, to all intents and purposes whatsoever.

of this act.

LXI. And, in order to remove doubts as to the meaning Rule for inof certain words in this act, be it enacted, That the word terpretation "justice" shall be deemed to mean justice of the peace; and that the words "treasurer of the county" shall be deemed to include any officer in any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, who has the custody of any funds assessed upon or raised in or belonging to any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, in the nature of county rates, and applicable to the purposes to which county rates are applicable; that the word "visitor" shall be deemed to include any justice of the peace, or subscriber to any lunatic asylum supported by voluntary contributions, duly appointed according to the provisions of this act to superintend the providing, building, or management of any county lunatic asylum; that the words "insane person" shall be deemed to include any lunatic or idiot; and that the said words "justice," "treasurer of the county," "visitor," "insane person," and the words "clerk of the peace," and the words "overseer of the poor," and the word "churchwardens," shall each be deemed to include any person acting as such, and any number of justices, treasurers, visitors, insane persons, clerks of the peace, overseers of the poor, and churchwardens; and the word "person" shall be deemed to include any number of persons; and the meaning of the said words shall not be restricted, although the same may be referred to in the singular number and mascular gender only; and that the word "apothecary" shall be deemed to mean a person authorized to practise as such under an act passed in the fifty-fifth year of King George the Third, intituled An act for better regulating the practice of apothe 55 G. 3, c. 194. caries in England and Wales, and also an act passed in the sixth year of King George the Fourth, to amend and explain the aforesaid act of the fifty-fifth year of his late Majesty (g);

(g) On the construction of the 55 Geo. 3, c. 194, see Apothecaries' Company v. Bentley, 1 Carr. & Payne, 538; S. C. 1 Ry. & Mood. 159; Apothecaries' Company v. Warburton, 3 Barn. & Ald. 40; Apothecaries' Company v. Roby, 5 Barn. & Ald. 949; S. C. 1 Dowl. & Ryl. 564; Apothecaries' Company v. Greenwood, 2 Barn. & Adolph. 703; Walmisley v. Abbot, 1 Carr. & Payne, 309; S. C. 3 Barn.

& Cres. 218; 5 Dowl. & Ryl. 62;
Sherwin v. Smith, 1 Bing. 204; S. C.
8 J. B. Moore, 30; Allison v. Hay-
don, 4 Bing. 619; Steed v. Henley,
1 Carr. & Payne, 574; Thompson v.
Lewis, 1 Mood. & Malk. 255; S. C.
3 Carr. & Payne, 483; Wogan v.
Somerville, 1 J. B. Moore, 102; Wil-
cock on the Laws of the Medical
Profession.

9Geo. 4, c. 40. and that the word "county" shall be deemed to include any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate; and the words "parish or place" shall be deemed to include any township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor; and that the words "general quarter sessions" shall be deemed to include any general annual sessions of the peace, or any adjournment thereof; and the words "county rate" shall be deemed to include any funds assessed upon or raised in or belonging to any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, in the nature of county rates, and applicable to the purposes to which county rates are applicable; and that the meaning of the said several words shall not be restricted, although the same may be subsequently referred to in the singular number only, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.

Commencement of act.

LXII. And be it further enacted, That this act, and the several matters and things herein contained, shall commence and take effect from and after the first day of August One thousand eight hundred and twenty-eight, and not sooner.

SCHEDULES REFERRED TO IN THIS ACT.

No. 1.

and

FORM Of AGREEMENT for uniting counties, or lunatic
asylums maintained by voluntary contributions, [as
the case may be], of
, for the
purpose of providing a lunatic asylum, or house for
the reception of insane persons, pursuant to the sta-
tute of the
year of King George the

IT is agreed, this

day of

by and between the committees or justices of the peace severally appointed for the county [or committee of subscribers, as the case may be] of to treat for the uniting of the said counties, or lunatic asylum, [as the case may be], for the purposes of an act passed in the ninth year of his Majesty King George the Fourth, intituled An act [here insert the title of this act], that the said counties, &c., [as the case may be] shall from henceforth be united for the purposes of the said act, and adopt in all respects the provisions, rules, orders, and regulations, and comply with all the requisites

prescribed by the said act for counties [as the case may be] 9 Geo. 4, c. 40uniting for those purposes, and that a county lunatic asylum, or house for the reception of lunatics and other insane persons, with all necessary buildings, courts, yards, and outlets, shall be immediately provided at or near

and properly fitted up and accommodated for the purposes mentioned in the said act; and that the necessary expenses attending upon the providing, building, fitting up, repairs, and maintenance of the said county lunatic asylum, shall be defrayed by the said county or counties and lunatic asylum, so united, in the following proportions; (that is to say),

The connty of

expenses.

The county of

The lunatic asylum of

four ninths of the said

three ninths of the same.

same, [or as the case may be].

two ninths of the

And we do further agree, that the committee of visitors to superintend the building, erection, and management of the said county lunatic asylum, shall be formed in the following proportion: The justices of the peace for the said county of shall appoint , the justices of the and the

shall appoint

shall appoint

peace for the county of
subscribers to the lunatic asylum of
And hereunto we, the undersigned justices of the peace, being
the major part of each of the committees of justices for the
said several counties, and we, the undersigned, being the ma-
jor part of the committee of subscribers to the lunatic asy-
lum, do, on the part and behalf of the said counties and luna-
tic asylum, set our hands and seals, this
of

in the year

day

No. 2.

FORM OF MORTGAGE and CHARGE upon the COUNTY RATES, for securing the money borrowed.

We, justices of the peace, and chairman of the sessions of the peace of the county, &c., of [as the case shall be], holden at day of

and

of his Majesty's court of quarter

the

two other of his

Majesty's justices of the peace acting for the said county, &c., and assembled in the said court, in pursuance of the powers to us given by an act passed in the ninth year of the reign of his Majesty King George the Fourth, intituled An act [here insert the title of this act], do hereby in open court mortgage and charge all the rates to be raised within the said county, &c. [as the case may be], under the description of county

9 Geo. 4, c. 40. rates, with the payment of the sum of

which

hath pro

of posed and agreed to lend, and hath now actually advanced and paid towards defraying the expenses of purchasing lands for building, repairing, &c. [as the case shall be] the county lunatic asylum for the said county, &c., or the united counties of &c. [as the case may be], and we do hereby confirm and establish the same unto the said

his executors, administrators, and assigns, for securing the repayment of the said sum of

interest for the same after the rate of

and

per

centum per annum, and do order the treasurer for such county,
&c., or other person [as the case shall be], to pay the interest
of the said sum of
half-yearly, as the
same shall become due, until the principal shall be discharg-
ed, pursuant to the directions of the said act.

We,

and

two of

his Majesty's justices of the peace in and for the county
of
hereby require you, in pursuance of
an act of Parliament passed in the ninth year of the reign of
his present Majesty King George the Fourth, intituled An act
[here insert the title of this act], to make out a true list of all
insane persons, being paupers, within the parish aforesaid,
specifying the name, sex, and age of each insane person, and
whether such insane person be dangerous or otherwise, and
for what length of time such lunatics shall have been dis-
ordered in their senses, and where confined, or how other.
wise disposed of; and you shall on the receipt of this warrant
prepare such list according to the form hereunto annexed,
and verify the same on oath before any one justice of the
peace, and return the same, accompanied with a certificate
from a physician, surgeon, or licensed apothecary, as to the
state and condition of each insane person, to the clerk of the
peace or his deputy; and on neglect to prepare such list, or to
return the same within fifteen days to the clerk of the peace
or his deputy, with such certificate as aforesaid, or to verify
such list on oath, you will for every such offence be subject
to a fine not exceeding ten pounds. And you are hereby re-
quired to take notice, that it shall be lawful for you to defray
the necessary expenses of examination of such insane persons