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TABLE OF PROVISIONS
Long Title
1. Short title.
2. Interpretation.
6. Persons treating any other as lunatic, &c. to make return.
8. Persons neglecting to make return to be subject to penalty.
9. No penalty to be exacted in case of unavoidable accident.
10. Penalties under the Act how recovered.
11. Medical visitors may be ordered to visit alleged lunatic, and
report.
12. Inquiry may be ordered on the report of visitor.
13. Alleged lunatic within jurisdiction to have notice, and may demand
an inquiry before a jury.
14. Where alleged lunatic demands a jury High Court may examine him as
to competency, and order a jury.
15. Cases where jury may be dispensed with.
17. Order of High Court or certificate of judge to be deemed an
inquisition.
19. Inquiry not to be carried back, except under special order.
21. Nothing to preclude the High Court from issuing a special
commission.
22. Inquiry by legal visitors may be directed.
23. Evidence may be oral, &c.
26. Form of affidavits.
27. Short form of affidavit for verification of documents, as in
schedule.
28. Witnesses may be cross-examined orally.
29. High Court or master may issue advertisements.
30. High Court may authorize payment or transfer into court of money or
stock as security for receiver.
31. Grant of custody may be extended to surviving committees in certain
cases.
32. Master to allow items, subject to appeal to High Court.
33. High Court may dispense with attendance of next of kin.
34. In cases of members of same family, proceedings may be consolidated,
and evidence interchanged.
35. Master may direct times, &c. of proceeding before him.
36. Master to inquire into delays.
37. Master may disallow costs.
38. Documents not to be of unnecessary length.
39. Master may report decision pending inquiry.
40. Form of reports.
41. Reports to be filed in the Office of Care and Protection.
42. Objections to report may be brought in.
43. Objections to be brought forward on petition for confirmation.
44. Reports not objected to may be confirmed without petition.
45. Such reports to contain consequential directions, and fiat of High
Court to give them operation of orders.
46. Cases in which reports shall not be confirmed without petition.
47. Section 47
48. Orders to be entered by the master and office copies to be
furnished and signed by him.
49. Money orders to be acted upon by Accountant General of the Supreme
Court.
51. Notwithstanding the death of lunatic, the High Court control over
his estate to continue.
52. Upon death of lunatic the committee to bring in statement of facts.
53. Master may open and deliver out will.
54. Report upon the death of lunatic not to be confirmed save by order
of the High Court.
55. Order by the High Court upon any such report.
56. Duties of visitors.
57. All lunatics to be visited four times a year.
58. Visitors to reprot to High Court.
59. Visitors reports to be kept secret, and destroyed on death, &c.
60. Committee may surrender lease and accept renewal.
61. Charges of renewal to be charged on estates.
62. New leases to be to the same uses.
63. Lunatic's property may be sold, mortgaged, &c., for debts,
maintenance, &c.
64. Section 64
65. Modes in which future maintenance may be charged when interest not
in possession.
66. Expenses of improvements may be charged on estate.
67. Surplus of moneys to be of the same nature as the estate.
68. Power to High Court, where property of lunatic does not exceed
#60,000 in value or #6,000 per annum, to apply it for his benefit
in a summary manner, without inquisition.
69. Power to sell land or other property of lunatic for his benefit.
70. Power to apply property of persons acquitted on the ground of
insanity for their benefit.
71. Where lunacy temporary, High Court may apply cash arising from
income for temporary maintenance, without grant, &c.
72. Committee may convey land in performance of contracts.
73. High Court may dissolve partnership, and committee may convey
partnership property.
74. Committee may make sale, partition, or exchange.
75. Committee may sell land for building purposes.
76. Committee may assign business premises.
77. Committee may dispose of undesirable lease.
78. Committee may make building and other leases, subject to such
covenants as High Court shall order.
79. Committee may make leases of mines already opened.
80. Committee may where necessary for maintenance of lunatic, or
expedient, make leases of mines unopened.
81. High Court in matters of lunacy, enabled to empower committees of
estates to grant leases binding on issue or remaindermen.
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.
83. Committee may execute leasing powers of lunatic having limited
estate.
84. Committee may accept surrender, and make new lease.
85. Fines, how to be paid.
86. Committee may exercise power vested in lunatic for his own benefit
or give consent.
87. Committee may exercise power vested in lunatic in character of
trustee or guardian, &c.
88. Appointment of new trustees under power to have effect of
appointments by High Court and like orders may be made as under
1850 c.60.
89. Deeds, &c. executed under this Act to be as valid as if lunatic
had been of sound mind.
90. Stock belonging to lunatic may be ordered to be transferred.
91. Stock in name of lunatic residing out of Northern Ireland may be
ordered to be transferred.
92. Section 92
93. All deeds, transfers, payments, &c., made in pursuance of this Act
to be valid and binding.
94. Costs may be paid out of estate.
95. Act not to subject lunatic's property to debts.
96. Powers to extend to colonies, &c.
97. Petitions for traverse to be presented within a limited time.
98. Persons not petitioning or not proceeding to trial within limited
time barred.
99. High Court may direct new trials.
100. High Court may, notwithstanding traverse, make orders for management
of person and estate.
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 High Court.
102. Commission may be superseded on conditions.
103. Power to appoint a guardian of person of weak mind.
104. No order to have validity for more than six months.
105. Guardian to file monthly accounts.
106. Hearing of petition for guardian to be in camera8.
107. Conveyances transfers, &c., executed by guardian to be valid.
109. Annual per-centage to be charged on estates of lunatics.
110. Section 110
111. Per-centage to be paid notwithstanding death, &c. before payment.
113. Power to exempt small properties.
114. Provisions respecting per-centage and fees to apply to persons under
protection of High Court and to certain persons out of its
jurisdiction.
117. Power to direct certain expenses to be borne by estates.
118. Rules of Court.
119. Remuneration of the Lord Chief Justice's Visitors.
[ Note: This table has been automatically generated and may be incomplete. ]
© 1871 Crown Copyright
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