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No pauper to be received into asylum without certain order and certificate

No person not a pauper shall be received into

Lunatics

such person as aforesaid in the respective cases aforesaid is brought under this section shall call to his and their assistance a medical practitioner, and shall examine such person, and make such inquiry relative to such person as he or they shall deem necessary.

And if upon examination of such person or other proof such Justice be satisfied that such person so brought before him is a lunatic, and was wandering at large, and is a proper person to be taken charge of or detained under care and treatment;

Or any such two Justices be satisfied that such person so brought before them is a lunatic, and is not under care and control, or is cruelly treated and neglected by any person having the care or charge of him, and that he is a proper person to be taken charge of and detained under care and treatment; and if such medical practitioner sign a certificate with respect to every such person so brought either before one Justice or two Justices, according to the form in the Schedule C,

The said Justice or Justices may, by an order under his or their hand and seal or hands and seals, according to the form in Schedule A No. 1 to this Act, direct such person to be received into any asylum duly proclaimed as aforesaid; and such person shall forthwith be conveyed to and detained in such asylum accordingly: Provided always that any Justice may, upon such information on oath as aforesaid or upon his own knowledge, and alone, in the case of any such person as aforesaid wandering at large and deemed to be a lunatic, or with some other Justice in any of the cases aforesaid, examine the person deemed to be a lunatic at his own abode or elsewhere, and proceed in all respects as if such person were brought before him or them as hereinbefore mentioned : Provided also that the said Justice or Justices may suspend the execution of any such order for removing any such person as aforesaid to any asylum for such period, not exceeding fourteen days, as he or they may deem meet; and in the meantime may give such directions or make such arrangements for the proper care and control of such persons, as he or they shall consider necessary: Provided also that nothing herein contained shall be construed to extend to restrain or prevent any relation or friend from retaining or taking such lumatic under his own care, if such relation or friend shall satisfy the Justice or Justices before whom such lunatic shall be brought, or the Visitor of the asylum in which such lunatic is or is intended to be placed, that such lunatic will be properly taken care of.

13. No pauper shall be received into any asylum (save under the provisions herein contained) without an order according to the form required in the said Schedule A No. 1, under the hand of one Justice, together with such statement of particulars as is contained in the same schedule; nor without a medical certificate, according to the form in the said Schedule C, signed by one medical practitioner, who shall have examined him previously to his reception.

14. No person, not a pauper, shall be received into any asylum (save under the provisions herein contained) without an order under

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the hand of some person according to the form in Schedule B to this Act, together with such statement of particulars as is contained in the same schedule; nor without the medical certificate, according to the form and containing the particulars required in Schedule C to this Act, of two medical practitioners, neither of whom shall be in partnership with, or an assistant to the other; and each of whom shall, separately from the other, have personally examined the person to whom it relates not more than seven clear days previous to the reception of such person into such asylum ; and such order as aforesaid may be signed before or after medical certificate, or either of them : Provided always that any person may, under special circumstances preventing the examination of such person by two medical practitioners as aforesaid, be received into any asylum upon the certificate of one medical practitioner alone, if the statement accompanying such order set forth the special circumstances which prevented the examination of such person by two medical practitioners; but in every such case two other such certificates shall, within three clear days after the reception of such patient into such asylum, be signed by two other medical practitioners not in partnership with or an assistant to the other, or the medical practitioner who signed the certificate upon which the patient was received, and who shall within such time, separately from the other of them, have personally examined the person so received as a lunatic.

15. Every medical practitioner signing any certificate under or for the purposes of this Act, shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate relates is a lunatic, an idiot, or a person of unsound mind ; distinguishing, in such certificate, facts observed by himself from facts communicated to him by others; and no person shall be received into any asylum under any certificate which purports to be founded only on facts communicated by others.

16. Where any person has been found lunatic by inquisition or other proceeding in the Supreme Court, an order signed by the committee appointed by the said Court, and having thereto annexed an office copy cf the order appointing such committee, shall be sufficient authority for the reception of such person into any asylum, without any further order or any medical certificates as hereinbefore mentioned.

17. The Resident or Superintending Medical Officer shall, within two days after the admission of any person into the asylum, make an entry with respect to such patient in a book to be kept for that purpose, to be called the “Book of Admissions,’ according to the form and containing the particulars required in Schedule D No. 1 to this Act, as far as he can ascertain the same, except as to the discharge or death of some patient, and the dates of examination by such Resident or Superintending Medical Officer, or by the Board of Inquiry, which shall be made when the same shall happen, or within two days thereafter ; and in case of removal, such Resident or Superintending Medical Officer shall further make entry in such book by whom such patient was removed, and in what state of mind such patient shall have been removed.

18. The Resident or Superintending Medical Officer shall once in every week enter in a book to be kept for that purpose, to be called “The Medical Journal,' a statement according to the form in Schedule

asylum without certain order and certificate

Medical certificate to specify facts upon which opinion of insanity has been formed

Order for reception of patient found lunatic by inquisition

Resident or Superintending Medical Officer to make certain entries on admission or discharge of patients

Resident or
Superintending
Medical Officer
to keep books to

b0 called the
* Medical
Journal' and
“The Case Book”

Statement of
patients dying to
be transmitted
to the Colonial
Secretary

Visitors to visit at least. Once a week and to institute certain inquiries

Books, certificates, &c., to be laid before visitors at each visit

Book to be kept called ‘Visitors' Book,' in which

to be entered result of inquiries

Lunatics

D No. 2, showing the number of patients of each sex then in such asylum, the Christian and surname of every patient (not being confined in such asylum as criminal or dangerous) who is or has been under restraint or in seclusion since the last entry, and when and for what period and reasons, and (in case of restraint) by what means, and the Christian and surname of every patient under medical treatment; and for what, if any, bodily disorder, and every death, injury, or violence which shall have happened to or affected any patient since the then last preceding entry; and distinguishing in such ‘Medical Journal’ one class of patients from another, by affixing to the name of each pauper patient entered therein the letter P; to the name of each dangerous or criminal lunatic entered therein the letters D, or C, as the case may require; and such Resident or Superintending Medical Officer shall also enter in a book, to be called ‘The Case Book,' as soon as may be after the admission of any patient, the mental and bodily condition of such patient at the time of his admission, and also the history from time to time of his case, while he shall continue in the asylum.

19. In case of the death of a pauper patient in any asylum a statement of the cause of the death of such patient shall be drawn up and signed by the Resident or Superintending Medical Officer of such asylum, and a copy thereof duly certified by him shall be by him transmitted to the Colonial Secretary within two clear days of the death of such patient.

20. Every such asylum shall be visited once every week at least by some one or more of the Visitors, who shall inquire what occupation or amusements are provided for the patients, and the result thereof; whether there has been adopted any system of non-coercion, and if so the result thereof; and also as to the classification of patients and the condition of the pauper patients (if any); and shall also make such other inquiries as to such Visitor shall seem expedient.

21. Upon every visit of the Visitors there shall be laid before them by the Resident or Superintending Medical Officer the several books by this Act required to be kept, and also all orders and certificates relating to patients admitted since the last visitation of the Visitors, and also all such other orders, certificates, documents and papers relating to any of the patients at any time received into such asylum as the Visitors shall from time to time require to be produced to them, and the Visitors shall sign the said books as having been produced to them.

22. There shall be hung up in some conspicuous part of every asylum a plan thereof, and there shall be kept in every asylum a copy of this Act, bound up in a book to be called ‘The Visitors' Book,' and the Visitors shall at the time of their respective visitations enter therein the result of their inspections and inquiries hereinbefore directed or authorised to be made by them, with such observations (if any) as they shall think proper, and also such observation as they may think fit respecting the state of mind or body of any patient in such asylum, and the said Visitor shall transmit a copy of the minutes so to be made and of the “Book of Admission' at least once in every three calendar months to the Colonial Secretary.

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23. Within forty-eight hours after any person is admitted into any within forty. asylum under the foregoing provisions the Resident or Superintending ...?" Medical Officer and the officer next in authority to him shall examine patients, exami. such person, and unless they shall be fully satisfied that such person is omen. a lunatic or of unsound mind the Resident or Superintending Medical or * Officer shall convene a meeting of the Board of Inquiry, and such Board Śiś

Officer, and shall hold an inquiry into the state of mind of such person. ..., 24. Such meeting shall be held not later than three days after the

if o * examination so to be held by the Resident or Superintending Medical o to: Officer and officer next in authority as aforesaid, and the Board may $.” take such evidence upon oath or affirmation (which oath or affirmation board to take the chairman for the time being of such Board is hereby authorised to so. administer) as to them may seem advisable, and if upon due inquiry to org. such Board shall be of opinion that there is no sufficient proof of the ..., insanity of the person on whom such inquiry shall be held, they shall them may seem forthwith order the immediate release of such person, and he shall be fit, forthwith released accordingly.

25. At the meetings of such Board of Inquiry the Colonial Surgeon Quorum of Board or the Resident or Superintending Medical Officer and two of the Visitors shall form a quorum, and may do and perform all matters

and things by this Act authorised to be done and performed by such Board.

26. If at the time appointed for any meeting of the Board of Inquiry Meetings may be a quorum be not present, the members present may adjourn the meet- * ing to some subsequent day not later than two days from the day originally appointed ; and in case the inquiry cannot be conveniently

concluded in one day the meeting may be adjourned from time to time as to such Board may seem expedient.

27. It at any meeting of such Board the Colonial Surgeon be mot I colonial present the Resident or Superintending Medical Officer shall preside ...i.am, thereat. ;on28. The chairman of such Board of Inquiry may by summons under o his hand (which summons may be in the form in the Schedule E to * of this Act) require any person to appear before such Board at the time on moissue and place named in such summons, to testify the truth touching any ...” matters under inquiry by such Board or relating to the execution of the witnesses powers given by this Act, and every person who shall not appear before the Said Board pursuant to such summons without assigning some reasonable cause for not appearing, or, appearing, shall refuse to be sworn or examined, shall on conviction of every such neglect or refusal

forfeit and pay a penalty mot exceeding fifty pounds nor less than ten pounds.

29, Any visitor or any Justice may at amy hour of the day or might Nistors and enter and inspect any asylum, and the patients confined therein; ...” Provided that if in the opinion of the Resident or Superimtending Medical Officer the inspection of any such patient by amy Justice may be likely to prove injurious to such patient, the Resident or Superintending Medical Officer may refuse to allow such inspection by such Justice; and in case of such refusal, an entry giving the reasons for

such refusal, shall be forthwith made in the Visitors' Book and signed by the Medical Officer so refusing.

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Visitors may order discharge of patients or allow them to be absent on trial

Visitors may discharge pauper patient on undertaking of relative or friend that he shall be properly cared for

Terson who signed order for the reception of a private patient may order his discharge or removal

Provision where the person who signed the order for reception is dead or incapable of acting

Tatient not to
be discharged
when certified to
be dangerous
without consent
of Wisitors

Orders and medical certisicates may be amended

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30. Any three of the Visitors of any asylum may by writing under their hand order the discharge of any person detained in such asylum under any of the foregoing provisions, whether such person be recovered or not ; and any two of the Visitors with the advice in writing of the Resident or Superintending Medical Officer of such asylum, may discharge any person detained therein, as aforesaid; or permit any such person to be absent from the asylum upon trial for such period as such Visitors think fit; and in case any person so allowed to be absent on trial for any period do not return at the expiration of such period, and a medical certificate as to his state of mind, certifying that his detention in any asylum is no longer necessary, be not sent to the Visitors, he may at any time within fourteen days after the expiration of such period be retaken as herein provided in the case of an escape.

31. On application being made to the Visitors of any asylum by any relative or friend of a pauper lunatic confined therein, requiring that he may be delivered over to the custody or care of such relative or friend, any two of the Visitors aforesaid may (if they think fit, and upon the undertaking in writing of such relative or friend to the satisfaction of such Visitors, that such lunatic shall be properly taken care of, and shall be prevented from doing injury to himself or others) discharge such lunatic.

32. If any person who signed the order on which any patient (not being a pauper) was received into any asylum, shall by writing under his hand direct that such patient be discharged or removed, then and in such case such patient shall forthwith be discharged or removed as the person who signed the order for his reception shall direct,

33. If any person who signed the order upon which any patient (not being a pauper) was received into any asylum be dead or be incapable by reason of insanity, absence from the said Colony or otherwise of giving an order for the discharge or removal of such patient, then the husband or wife or (if there be no husband or wife or they be incapable as aforesaid), the father or (if there be no father or he be incapable as aforesaid) the mother of such patient or (if there be no mother or she be incapable as aforesaid) any one of the nearest of kin for the time being of such patient, by writing under his or her hand, may give such directions as aforesaid for the discharge or removal of such patient; and thereupon such patient shall be removed or discharged accordingly.

34. No patient shall be discharged under either of the two last foregoing provisions, if the Resident or Superintending Medical Officer of the asylum in which such patient is, shall certify in writing under his hand that in his opinion such patient is dangerous and unfit to be at large, together with the grounds upon which such opinion is founded : Provided always that if two of the Visitors of such asylum shall, after such certificate shall have been produced to them, give their consent in writing to such patient being discharged, he may be discharged accordingly.

35. If after the reception of any lunatic into any asylum it shall appear that the order or medical certificate, or (if more than one) both or either of the medical certificates upon which he was received, is or are in any respect incorrect or defective, such order and medical

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