A treatise on the medical jurisprudence of insanity / by I. Ray, M.D.

  • Ray, Isaac, 1807-1881.
Date:
1838
Catalogue details

Licence: Public Domain Mark

Credit: A treatise on the medical jurisprudence of insanity / by I. Ray, M.D. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

    495/504 (page 475)
    quired to keep a register, in which should be noted the names of the patients, the date of their admis- sion, the character of their insanity, by whom their certificates are signed, and such other particulars as may be deemed necessary by the commissioners. § 364. The third object above-mentioned, as sought by the confinement of the insane, is the security of society. By the laws of Maine, any two justices of the peace are authorized to commit to the house of correction any person within their county, who, they are convinced, is lunatic, and so furiously mad, as to render it dangerous to the peace or the safety of the good people, for him to go at large, there to be detained till he or she shall be restored to his or her mind, or otherwise delivered by due course of law.1 It may naturally excite some sur- prise that so grave a question, as that of the per- petual imprisonment of a person, should not have been entrusted to the decision of a higher set of 1 The same was the law of Massachusetts, until quite recently ; hut by the laws now in force in that state, all lunatics, so furiously mad as to render it manifestly dangerous to the peace and safety of the com- munity, that they should be at large, are, upon complaint made to the Judges of Probate in the several counties, to be committed to the State Lunatic Hospital at Worcester; and, whenever request for that pur- pose shall be made by the person complained against, the Judge is obliged to order a jury to be summoned, to try the question of insanity. By a law passed April 13, 1836, two justices, one of the quorum, are authorized to commit to the house of correction, any idiot or lunatic or insane person, not being furiously mad; and, at this date, March 20, 1838, a bill is pending before the Legislature, giving the right of trial by jury, upon request of the person complained against, in those cases also. After the passing of this law, no person in Massa- chusetts can be confined by process of law, as an idiot, lunatic or in- sane person, without the right of a trial by jury.