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Power to detain lunatics in asylums and to retake them.
5 & 6 Vict. c. 123.
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3. Every proprietor and superintendent of a licensed house, and every other person by the Private Lunatic Asylums (Ireland) Act, 1842, authorised to receive or take charge of a lunatic upon an order, and who shall receive, or has received, a proper order, in pursuance of the said Act, accompanied with the required medical cartificates or certificate, for the reception or taking charge of any person as a lunatic, and the assistants and servants of such proprietor, superintendent, or authorised person, shall respectively have power and authority to take charge of, receive, and detain such patient until he shall die, or be removed or discharged by due authority, and in case of the escape at any time or times of such patient to retake him at any time within fourteen days after such escape, and again to detain him as aforesaid.
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In every writ indictment information action and other proceeding which may be preferred or brought against any such proprietor or superintendent of a licensed house, or against any other person authorised as aforesaid, or against any assistant or servant of any such proprietor, superintendent, or authorised person, for taking confining detaining or retaking any person as a lunatic, the person complained of may plead such order and certificates or certificate in defence to any such writ indictment information action or other proceeding as aforesaid; and such order and certificates or certificate shall, as respects such person, be a justification for taking confining detaining or retaking such lunatic or alleged lunatic.
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