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.

  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.

  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.

  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. Duties of visitors.

      1. 56.It shall be the duty of the medical and legal...

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

      1. 57.Provided always, that from and after the first day of...

    3. Visitors to report to Lord Chancellor.

      1. 58.The medical visitors shall respectively, within a convenient time after...

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

      1. 59.The reports of the visitors shall be filed and kept...

    5. Committee may surrender lease, and accept renewal.

      1. 60.Where a lunatic is entitled to a lease for a...

    6. Charges of renewal to be charged on estates.

      1. 61.Every sum of money and other consideration paid by a...

    7. New leases to be to the same uses.

      1. 62.Every lease renewed shall operate and be to the same...

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

      1. 63.Where it appears to the Lord Chancellor intrusted as aforesaid...

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

      1. 64.Where it appears to the Lord Chancellor intrusted as aforesaid...

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

      1. 65.In case of a charge or mortgage being made under...

    11. Expenses of improvements may be charged on estate.

      1. 66.Where it appears to the Lord Chancellor intrusted as aforesaid...

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

      1. 67.On any moneys being raised by sale, mortgage, charge, or...

    13. 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.

      1. 68.Where it is established to the satisfaction of the Lord...

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

      1. 69.For the purpose of giving effect to any such order...

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

      1. 70.Where any person has, on the trial of any indictment,...

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

      1. 71.Where it appears to the Lord Chancellor intrusted as aforesaid...

    17. Committee may convey land in performance of contracts.

      1. 72.Where a person having contracted to sell, mortgage, let, divide,...

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

      1. 73.Where a person, being a member of a co-partnership firm,...

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

      1. 74.Where a lunatic is seised of or entitled to an...

    20. Committee may sell land for building purposes.

      1. 75.Where a lunatic is seised of or entitled to land...

    21. Committee may assign business premises.

      1. 76.Where a lunatic has been engaged in a trade or...

    22. Committee may dispose of undesirable lease.

      1. 77.Where a lunatic is entitled to a lease for a...

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

      1. 78.Where a lunatic is seised or possessed of or entitled...

    24. Committee may make leases of mines already opened.

      1. 79.Where a lunatic is seised or possessed of or entitled...

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

      1. 80.Where a lunatic is seised or possessed of or entitled...

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

      1. 81.Where a lunatic is seised of or entitled to land...

    27. 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.

      1. 82.Where the Lord Chancellor intrusted as aforesaid makes any such...

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

      1. 83.Where a lunatic has a limited estate only in land,...

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

      1. 84.Where a lunatic is entitled or has a right to...

    30. Fines, how to be paid.

      1. 85.All fines, premiums, and sums of money received upon renewal...

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

      1. 86.Where a power is vested in a lunatic for his...

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

      1. 87.Where a power is vested in a lunatic in the...

    33. 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.

      1. 88.Where under this Act the committee of the estate, under...

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

      1. 89.Every surrender, lease, agreement, deed, conveyance, mortgage, or other disposition...

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

      1. 90.Where any stock is standing in the name of or...

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

      1. 91.Where any stock, or any portion of the capital stock,...

    37. Who shall be appointed to make transfer.

      1. 92.Where an order is made under this Act for the...

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

      1. 93.Every conveyance, transfer, charge, or other disposition made or executed...

    39. Costs may be paid out of estate.

      1. 94.The Lord Chancellor intrusted as aforesaid may order the costs...

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

      1. 95.Nothing in this Act contained shall extend to subject any...

    41. Powers to extend to colonies, &c.

      1. 96.The powers and authorities given by this Act to the...

  58. Traverse

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

      1. 97.Any person desiring to traverse may, within the three months...

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

      1. 98.Every person having right to traverse who shall not within...

    3. Lord Chancellor may direct new trials.

      1. 99.If the Lord Chancellor intrusted as aforesaid he dissatisfied with...

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

      1. 100.The Lord Chancellor intrusted as aforesaid may from time to...

    5. 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.

      1. 101.No person shall be entitled to a traverse of any...

    6. Commission may be superseded on conditions.

      1. 102.If it shall appear to the Lord Chancellor that it...

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

      1. 103.When it is established to the satisfaction of the Lord...

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

      1. 104.No order, when made under the preceding section, shall be...

    9. Guardian to file monthly accounts.

      1. 105.Every guardian to be appointed under the two preceding sections...

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

      1. 106.The hearing of any petition presented under the one hundred...

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

      1. 107.Every conveyance, transfer, charge, or other disposition, made or executed...

    12. Appointment of future registrars.

      1. 108.After the death, dismissal, resignation, or retirement from office of...

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

      1. 109.And whereas it would greatly facilitate and simplify the practice...

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

      1. 110.The master shall from time to time certify in each...

    15. Per-centage to be paid notwithstanding death, &c. before payment.

      1. 111.The per-centage aforesaid, or a proper proportionate part thereof (as...

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

      1. 112.The Lord Chancellor may, by order, from time to time...

    17. Power to exempt small properties.

      1. 113.Where it is made to appear to the Lord Chancellor...

    18. 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.

      1. 114.All the foregoing provisions respecting fees and per-centage shall he...

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

      1. 115.The Lord Chancellor intrusted as aforesaid may, by any general...

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

      1. 116.All annuities and salaries ordered to be paid in pursuance...

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

      1. 117.Notwithstanding anything herein-before contained, the Lord Chancellor intrusted as aforesaid...

  59. General Orders

    1. Power to Lord Chancellor to make general orders.

      1. 118.The Lord Chancellor may from time to time make such...

    1. Schedule I

    2. Schedule II