R v Board of Control, Ex parte Rutty

Subject Matter

MENTAL CAPACITY — Mental deficiency — Detention order — Persons subject to — Mental defective living in poor law institution — Not receiving special treatment — Removed to mental institution on the ground of being “found neglected” — “Abandoned” — “Cruelly treated” — Meaning — Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 2 (1) (b) (i).

HABEAS CORPUS — Jurisdiction of inferior court to order detention — Power of superior court — Return to writ ordered — Court's power to examine truth of facts set out in return — Power to inquire whether there was evidence on which magistrate could make reception order — Mental defective — Reception order — Habeas Corpus Act, 1816 (56 Geo. 3, c. 100), ss. 3, 4.

MENTAL CAPACITY — Mental deficiency — Detention order — Persons subject to — Mental defective living in poor law institution — Not receiving special treatment — Removed to mental institution on the ground of being “found neglected” — “Abandoned” — “Cruelly treated” — Meaning — Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 2 (1) (b) (i).

HABEAS CORPUS — Jurisdiction of inferior court to order detention — Power of superior court — Return to writ ordered — Court's power to examine truth of facts set out in return — Power to inquire whether there was evidence on which magistrate could make reception order — Mental defective — Reception order — Habeas Corpus Act, 1816 (56 Geo. 3, c. 100), ss. 3, 4.