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Extent of the administrative powers of the judge in lunacy.
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116.—(1) [1]
The powers and provisions of this Part of this Act relating to management and administration apply:—
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(a) To lunatics so found by inquisition;
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(b) To lunatics not so found by inquisition for the protection or administration of whose property any order has been made before the commencement of this Act;
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(c) To every person lawfully detained as a lunatic though not so found by inquisition;
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(d) To every person not so detained and not found a lunatic by inquisition, with regard to whom it is proved to the satisfaction of the Judge in Lunacy that such person is through mental infirmity arising from disease or age incapable of managing his affairs;
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(e) To every person with regard to whom it is proved to the satisfaction of the Judge in Lunacy by the certificate of a Master, or by the report of the Commissioners, or by affidavit or otherwise, that such person is of unsound mind and incapable of managing his affairs, and that his property does not exceed two thousand pounds in value, or that the income thereof does not exceed one hundred pounds per annum;
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(f) To every person with regard to whom the Judge is satisfied by affidavit or otherwise that such person is or has been a criminal lunatic and continues to be insane and in confinement.
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[Sub-s. (2) rep. 8 Edw. 7. c. 47, s. 1.]
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(3) Every person appointed to do any such act or exercise any such power shall be subject to the jurisdiction and authority of the Judge as if such person were the committee of the estate of a lunatic so found by inquisition.
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(4) The powers of this Act relating to management and administration shall be exerciseable in the discretion of the Judge for the maintenance or benefit of the lunatic or of him and his family, or where it appears to be expedient in the due course of management of the property of the lunatic.
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(5) Nothing in this Act shall subject a lunatic’s property to claims of his creditors further than the same is now subject thereto by due course of law.
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[1 Amended by 8 Edw. 7. c. 47, s. 1; see that Act.] |
