Mental Deficiency - Law Dictionary Search Results
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mental deficiency : failure in intellectual development that is marked by low intelligence or mental retardation and that may result in an inability to function competently in society ...
Mental Deficiency Act
Mental Deficiency Act. See IDIOT....
Person of unsound mind
Person of unsound mind, a term by which in a more enlightened age persons afflicted with a mental illness affecting their reason are to be known, as distinguished from Idiots, Imbeciles, Feeble-minded Persons and Moral Defectives under the Mental Deficiency Act, 1927 (17 & 18Geo. 5, c. 33) (see those titles, and LUNATICS).The statute law affecting persons of unsound mind in contained in the (English) Lunacy and Mental Treatment Acts, 1890 to 1930, of which the principal are the (English) Lunacy Acts, 1890 (53 & 54 Vict. c. 5), 1891 (54 & 55 Vict., c. 56), and as regards Boards of Control, the Mental Deficiency Acts, 1913 to 1927 and the Mental Treatment Rules, 1930 (S.R. & O., 1930 No. 1083). A classification of patients has been made as follows: (a) Voluntary (see the (English) Act of 1930, s. 1; (b) Temporary (ibid., s. 5 (1); (c) Certified [(English) Lunacy Act, 1890, s. 4]; (d) Found to be of unsound mind upon inquisition (see that title), and a further classification is into a pri...
Idiot
Idiot. An idiot is a person born without a mind. For Coke's classification of persons of unsound mind, see Co. Litt. 247 a.Idiots, imbeciles, feeble-minded persons, and moral defectives constitute the four kinds of persons define as 'mentally defective' by the (English) Mental Deficiency Act, 1927 (17 & 18 Geo. 5, c. 33), s. 1, idiots being defined (s. 1 (a) as 'persons in whose case there exists mental defectiveness of such a degree that they are unable to guard themselves against common physical dangers.' The (English) M.D. Act, 1913, as amended by the Act of 1927, provides (s. 2) for defectives being dealt with either by being sent to an institution or placed under guardianship. The general superintendence of matters relating to their supervision, training or occupation, protection, and control is vested in a central body styled 'the Board of Control' (ss. 21 et seq.), and County Councils and Borough Councils are constituted committees for the purposes of the Act (ss. 27 et seq.). T...
Board of Control
Board of Control. The (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), established five Commissioners, including the Chairman, all of whom are paid. The Commissioners are styled senior Commissioners-including the Chairman-one at least shall be a practising barrister or solicitor of five years' standing, two shall be medical commissioners, and one, at least, a woman. The Commissioners have the powers specified in the 2nd and 3rd Schedules to the Mental Treatment Act, 1930, under s. 14 of that Act, together with other powers mentioned in that section, and also the powers and duties of the Lunacy Commissioners which were transferred to the (English) Board by the Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 25....
Lunatic
Lunatic. By the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), s. 20, the word 'lunatic,' except in the phrase 'criminal lunatic' and in relation to persons detained as lunatics outside England, shall cease to be used in relation to any person of or alleged to be of unsound mind, and the words ''person of unsound mind,' 'person,' 'patient of unsound mind,' or 'of unsound mind,' or such other expression as the context may require are to be substituted in any enactment or document thereunder. See PERSON OF UNSOUND MIND. Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23).The general principle governing contracts entered into by insane persons is laid down in The Imperial Loan Co. v. Stone, (1892) 1 QB 559. 'Where a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sa...
Reception order
Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...
Receiver
Receiver, is a person appointed for the collection or protection of property. He is appointed either by the court or out of court by individuals or corporations, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 403, pp. 801.Receiver. (1) An officer appointed by the court to collect rents, etc., pending a suit. Receivers are appointed in actions for administration; in actions by mortgages or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so to do by the mortgage deed or by separate instrument, without having to apply to the court; and by s.19 of the (English) Conveyancing Act, 1881, reproduced and extended to mortgages of certain incorporated hereditaments, such as rentcharges or annual income, by the (English) Law of Property Act, 1925, s. 101, in the case of a mortgage executed on or after the 1st January, 1882, the ...
Moral Imbeciles
Moral Imbeciles, 'persons who from an early age display some permanent mental defect coupled with strong vicious or criminal propensities on which punishment has had little or no deterrent effect'; see (English) Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 1 (d). They constitute one of the four classes of 'defectives' dealt with by the Act....
Master in lunacy
Master in lunacy, an officer of the Lord Chancellor who executes commissions and conduct inquires connected with persons of unsound mind and their estates, and carries out such other duties as are prescribed by the rules in lunacy and directions of the judge in lunacy [(English) Lunacy Act, 1890 (53 & 54 Vict. c. 5), s. 111], and Lunacy Act, 1891, s. 27, conferring on the master the jurisdiction of a judge in lunacy as regards administration and management of estates subject to review by the judge. There were originally two masters, but now there is only one and an assistant master: (English) Lunacy Act, 192, and (English) Administration of Justice (Misc. Prov.) Act, 1933, s. 8. The office of the master is now known as the (English) Management and Administration Department (Patients' Estates Rules, 1934, r. 8). See also Lunacy Act, 1908, s. 1; (English) Mental Deficiency Act, 1930, s. 5; The (English) Mental Treatment Rules, 1930 (S.R.&O. 1930, No. 1083); and (English) Patients' Estate...
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