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Property of lunatic in district lunatic asylum to be available for his maintenance.
34 & 35 Vict. c. 22.
14 & 15 Vict. c. 93.
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16. Where any person shall be confined in any district lunatic asylum as a patient, it shall be lawful for a court of summary jurisdiction, in case it shall be proved to the satisfaction of such court that such patient has an estate applicable to his maintenance and more than sufficient to maintain his family (if any), by order to require the relation or other the person in receipt of the income of such patient, within one month after the service of such order, to pay the charges of the examination, removal, lodging, maintenance, clothing, medicine, and care of such patient, and within one month from the times in such order respectively specified, to continue to pay, so long as such patient shall remain in such district lunatic asylum, the charges which may from time to time be incurred in respect of the lodging, maintenance, clothing, medicine, and care, of such patient in such district lunatic asylum; and in case such charges shall not be paid within the times by this section respectively prescribed, it shall be lawful for the resident medical superintendent of such district lunatic asylum to make such application under the Lunacy Regulation (Ireland) Act, 1871, to the Lord High Chancellor of Ireland, intrusted by virtue of the Queen’s sign manual with the care or commitment of the persons and estates of persons found idiot, lunatic, or of unsound mind, as he may be advised, or to apply to a court of summary jurisdiction, and thereupon it shall be lawful for such court, on proof of the service of such order and of the non-payment of such charges respectively in accordance with the terms of such order, by an order to direct the resident medical superintendent or any officer of such district lunatic asylum to seize so much of any money, and to seize and sell so much of the goods and chattels, and to take and receive so much of the rents and profits of the lands and tenements of such patient, and other income of such patient, as may be necessary to pay such charges, accounting for the same to such court, such charges having been first proved to the satisfaction of such court, and the amount of such charges being set forth in such order; and if any trustee or other person having the possession, custody, or charge of any property of such patient, or if the Governor and Company of the Bank of Ireland, or any other body or person having in their or his hands any stock, interest, dividend, or annuity belonging to or due to such patient, pay any money according to any such order to any person authorised to receive the same to defray such charges, the receipt of the person authorised to receive such money shall be a good discharge to such trustee, governor and company, or other body or person as aforesaid.
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In case any such patient shall not have an estate applicable for the payment of such charges as aforesaid, then and in such case any person who under the Acts for the relief of the destitute poor in Ireland, or under any other Act, would be liable to maintain or support such patient, or to contribute to the maintenance or support of such patient, if such patient were not in such district lunatic asylum, shall be liable to pay or to contribute to such charges according to his ability; and it shall be lawful for a court of summary jurisdiction, on the application of the resident medical superintendent of such district lunatic asylum, and after seven days notice of such application to the person so liable, to make an order for the payment from time to time of such charges, or such part thereof as to such court shall seem just, and in case of non-payment of such charges, or such part thereof according to the terms of such order, payment of the same shall be recoverable by the resident medical superintendent in like manner as penalties are recoverable under the Acts for the relief of the destitute poor in Ireland.
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The term “court of summary jurisdiction” means, in the police district of Dublin metropolis, a divisional justice of such district acting under the provisions of the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district; and elsewhere, two or more justices of the peace sitting in petty sessions, subject and according to the provisions of the Petty Sessions (Ireland) Act, 1851, and any Act amending the same.
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