313. The provisions of section thirty-one of the Summary Sect. 313. Jurisdiction Act, 1879, shall not apply to appeals under this part of Section 31 of this Act. Recovery of Expenses. 42 & 43 Vict. c. 49. not to apply. action. 314.-(1.) If the treasurer of any local authority, upon whom Money any order of justices for the payment of money under the provisions ordered to be paid may be of this Act is made, refuses or neglects for twenty days after due recovered by notice of such order to pay the money, the money, together with distress or the expenses of recovering the same, shall be recovered by distress and sale of the goods of the treasurer so refusing or neglecting, by warrant under the hands of any two justices authorised to make the order for payment of the money, or by an action at law, or by any other proceeding in a court of competent jurisdiction, against the treasurer. (2.) If the guardians upon whom any such order is made refuse or neglect for such time as aforesaid to pay the money, the same, together with the expenses of recovering the same, may recovered by an action at law or by any other proceeding in any such court. (3.) In case of any such action or proceeding no objection shall be taken to any default or want of form in any order for reception or maintenance, or in any certificate or adjudication under this Act, if such order or adjudication has not been appealed against, or if appealed against has been affirmed. 319. If the manager of an institution for lunatics, or the person Notice to having charge of a single patient, omits to send to the coroner coroner of notice of the death of a lunatic within the prescribed time, he shall be guilty of a misdemeanor. death. non-com 320. Any person who makes default in sending to the Commis- Penalty for sioners or any other person any return, report, extract, copy, pliance with statement, notice, plan, or document, or any information within the Act and his knowledge or obtainable by him, when required so to do under rules. this Act or any other Act relating to lunacy, or any rules made under this Act or in complying with the said Acts or rules, shall for each day or part of a day during which the default continues be liable to a penalty not exceeding ten pounds, unless a penalty is expressly imposed by this or any other Act for such default : Provided that all or any part of the cumulative penalties may be remitted by the court in any case in which it is made to appear to the satisfaction of the court that the original default or its Sect. 320. continuance during any period of time arose from mere accident or oversight, and not from wilful or culpable neglect on the part of the person sued. Obstruction. Ill-treatment. Penalties for permitting escape and for rescue. Abuse of female lunatic. 321.-(1.) Any person who obstructs any Commissioner or Chancery or other visitor in the exercise of the powers conferred by this or any other Act, shall for each offence be liable to a penalty not exceeding fifty pounds, and shall also be guilty of a misdemeanor. (2.) Any person who wilfully obstructs any other person authorised under this Act by an order in writing under the hand of the Lord Chancellor or a Secretary of State to visit and examine any lunatic or supposed lunatic, or to inspect or inquire into the state of any institution for lunatics, gaol, or place wherein any lunatic or person represented to be lunatic is confined or alleged to be confined, in the execution of such order, and any person who wilfully obstructs any person authorised under this Act by any order of the Commissioners to make any visit and examination or inquiry in the execution of such order, shall (without prejudice to any proceedings, and in addition to any punishment to which such person obstructing the execution of such order would otherwise be subject,) be liable for every such offence to a penalty not exceeding twenty pounds. 322. If any manager, officer, nurse, attendant, servant, or other person employed in an institution for lunatics or any person having charge of a lunatic, whether by reason of any contract, or of any tie of relationship, or marriage, or otherwise, illtreats or wilfully neglects a patient, he shall be guilty of a misdemeanor, and, on conviction on indictment, shall be liable to fine or imprisonment, or to both fine and imprisonment at the discretion of the court, or be liable on summary conviction for every offence to a penalty not exceeding twenty pounds nor less than two pounds. 323. If any manager, officer, or servant of an institution for lunatics wilfully permits, or assists, or connives at the escape or attempted escape of a patient, or secretes a patient, he shall for every offence be liable to a penalty not exceeding twenty pounds nor less than two pounds. 324. If any manager, officer, nurse, attendant, or other person employed in any institution for lunatics (including an asylum for eriminal lunatics), or workhouse, or any person having the care or charge of any single patient, or any attendant of any single patient, carnally knows or attempts to have carnal knowledge of any female under care or treatment as a lunatic in the institution, or workhouse, or as a single patient, he shall be guilty of a misdemeanor, and, on conviction on indictment, shall be liable to be imprisoned with or without hard labour for any term not exceeding two years; and no consent or alleged consent of such female thereto shall be any defence to an indictment or prosecution for Sect. 324. such offence. 325.-(1.) Except as by this Act otherwise provided, proceedings By whom against any person for offences against this Act may be taken- proceedings (a.) By the secretary of the Commissioners upon their order for any offence; (b.) By the clerk of the visitors of any licensed house for an offence committed within their jurisdiction; (c.) By the clerk of the visiting committee of an asylum for any offence by any person employed therein; and such proceedings shall not abate by the death or removal of the prosecuting secretary or clerk, but the same may be continued by his successor, and in any such proceedings the prosecuting secretary or clerk shall be competent to be a witness. (2.) Except as by this Act otherwise provided, it shall not be lawful to take such proceedings except by order of the Commissioners, or of visitors having jurisdiction in the place where the offence was committed, or with the consent of the Attorney-General or Solicitor-General. to be taken. 326. All penalties enforceable under this Act shall be recovered Recovery and summarily according to the provisions of the Summary Jurisdiction application of penalties. Acts, and shall be paid— a. When recovered by the secretary of the Commissioners, to such secretary; b. When recovered by the clerk of the visitors of a licensed house, to the clerk of the peace for the county or borough, to be applied in the same way as money received for licences granted by the justices of the county or borough; c. When recovered by a clerk of the visiting committee of an asylum, to the treasurer of the asylum for the purposes thereof; d. In all other cases to the treasurer of the county or borough for which the convicting justices acted. 327. Any person aggrieved by an order of justices under this Act, Appeals. other than orders adjudicating as to the settlement of a lunatic pauper and providing for his maintenance, may appeal to a court of quarter sessions, subject to the conditions and regulations of the Summary Jurisdiction Acts. 328. A Secretary of State on the report of the Commissioners or Secretary of visitors of any institution for lunatics may direct the Attorney- State may General to prosecute on the part of the Crown any person alleged to have committed a misdemeanor under this Act. direct prosecution. 329.-(1.) Where any person is proceeded against under this Act Evidence on a charge of omitting to transmit or send any copy, list, notice, upon prosestatement, report or other document required to be transmitted or cution. Sect. 329 (1). sent by such person, the burden of proof that the same was transmitted or sent within the time required shall lie upon such person; but if he proves by the testimony of one witness upon oath that the copy, list, notice, statement, report or document in respect of which the proceeding is taken was properly addressed and put into the post in due time, or (in case of documents required to be sent to the Commissioners or a clerk of the peace or a clerk to guardians) left at the office of the Commissioners or of the clerk of the peace or clerk to guardians, such proof shall be a bar to all further proceedings in respect of such charge. Protection to persons putting the Act in force. Commissioners and visitors may summon witnesses. Form 22. (2.) In proceedings under this Act, where a question arises whether a house is or is not a licensed house or registered as a hospital, it shall be presumed not to be so licensed or registered unless the licence or certificate of registration is produced, or sufficient evidence is given that a licence or certificate is in force. 330.-(1.) A person who before the passing of this Act has signed or carried out or done any act with a view to sign or carry out an order purporting to be a reception order, or a medical certificate that a person is of unsound mind, and a person who after the passing of this Act presents a petition for any such order, or signs or carries out or does any act with a view to sign or carry out an order purporting to be a reception order, or any report or certificate purporting to be a report or certificate under this Act, or does anything in pursuance of this Act, shall not be liable to any civil or criminal proceedings whether on the ground of want of jurisdiction or on any other ground if such person has acted in good faith and with reasonable care. (2.) If any proceedings are taken against any person for signing or carrying out or doing any act with a view to sign or carry out any such order, report, or certificate, or presenting any such petition as in the preceding sub-section mentioned, or doing anything in pursuance of this Act, such proceedings may, upon summary application to the High Court or a Judge thereof, be stayed upon such terms as to costs and otherwise as the Court or Judge may think fit, if the Court or Judge is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care. 332.-(1.) The Commissioners, or any two of them, and also the visitors of any licensed house, or any two of them, may, as they see occasion, require, by summons, under the common seal of the Commission, if by the Commissioners, and if by two only of the Commissioners or by two visitors, then under the hands and seals of such two Commissioners or two visitors, as the case may be, any person to appear before them to testify on oath touching any matters respecting which such Commissioners and visitors respectively are by this Act authorised to inquire (which oath such Commissioners or visitors are hereby empowered to administer). (2.) Every person who does not appear pursuant to the summons, Sect. 332 (2). or does not assign some reasonable excuse for not appearing, or who appears and refuses to be sworn or examined, shall, on being convicted thereof before a court of summary jurisdiction for every such neglect or refusal be liable to a penalty not exceeding fifty pounds. (3.) Any two or more Commissioners or visitors may, if they think fit, examine on oath any person appearing before them as a witness, without having been summoned. (4.) Any Commissioners or visitors who summon a person to appear and give evidence, may direct the secretary of the Commissioners or the clerk of such visitors, as the case may be, to pay to such person all reasonable expenses of his appearance and attendance, the same to be considered as expenses incurred in the execution of this Act, and to be taken into account and paid accordingly. PART XII. MISCELLANEOUS PROVISIONS, DEFINITIONS, REPEAL. Bank and others. 333. This Act, and every order purporting to be made under this Indemnity to Act, shall be a full indemnity and discharge to the Bank and every other company and society and their respective officers and servants, and all other persons respectively, for all acts and things done or permitted to be done pursuant thereto, or pursuant to the Rules under this Act, so far as relates to any property in which a lunatic is interested either in his own right, or as trustee or mortgagee, and it shall not be necessary to inquire into the propriety of any order purporting to be made under this Act relating to any such property or the jurisdiction to make the same. mission in 334. Where in any Act of Parliament, order or rule of court, or Meaning of instrument, reference is made to a commission of lunacy, or the word cominquisition thereon, the general commission and the inquisition, or other Acts certificate operating as an inquisition, and the issue and verdict extended. thereon respectively in this Act mentioned, shall be deemed to be included in the reference. 335. When any sum in respect of pay, pension, superannuation, Pension of or other allowance, or annuity under the control or management of lunatic payable by any public department, is payable to any person, in respect either of public service as a civil servant or of military or naval service or of provision department. for a widow or child of a person employed in civil, military, or naval service, and the person to whom the sum is payable is certified by a justice or minister of religion, and by a medical practitioner, to be unable by reason of mental disability to manage his or her affairs, Forms 16, 17. the public department may pay so much of the said sum as the department may think fit to the institution or person having the care of the disabled person, and may pay the surplus, if any, or such part |