Lunatics

Act, and if such Justice be satisfied upon view or personal examination of such pauper or other proof that such pauper is a lunatic and a proper person to be taken charge of and detained under care and treatment, he shall by an order under his hand (according to the form in the Schedule A No. 1 to this Act) direct such pauper to be received into some asylum duly proclaimed under this Act, and such lunatic shall be received and detained therein accordingly: Provided always that any Justice may upon his own knowledge, without any information being laid as aforesaid, examine any pauper deemed to be a lunatic at his own abode or elsewhere and proceed in all respects as if such pauper were brought before him in pursuance of an order for that purpose.

12. Every Constable or other police officer who shall have knowledge that any person wandering at large is deemed to be a lunatic shall immediately apprehend and take or cause such person to be apprehended and taken before a Justice.

And any Justice may upon its being made to appear to him by
the information upon oath of any persons whomsoever that any
person wandering at large is deemed to be a lunatic by an order
under the hand and seal of such Justice require any Constable
or other peace officer to apprehend and bring him before such
Justice or some other Justice.

And every Constable or other police officer who shall have
knowledge that any person not a pauper, and not wandering
at large as aforesaid, is deemed to be a lunatic, and is not
under proper care and control, or is cruelly treated or neglected
by any relative or other person having the care or charge of
him, shall, within three days after obtaining such knowledge,
give information thereof upon oath to a Justice.
And in case it be made to appear to any Justice upon such
information, or upon the information upon oath of any person
whomsoever, that any person not a pauper and not wandering
at large, is deemed to be a lunatic, and is not under proper care
and control, or is cruelly treated or neglected by any relative or
other person having the care or charge of him,
Such Justice shall either himself visit and examine such person
and make inquiry into the matters so appearing upon such
information, or by an order under his hand and seal direct and
authorise some medical practitioner to visit and examine such
person and make such inquiry, and to report in writing to
such Justice his opinion thereupon; and in case upon such
personal visit, examination and inquiry by such Justice, or
upon the report of such medical practitioner, it shall appear to
such Justice that such person is not under proper care and
control, or is cruelly treated or neglected by any relative or
other person having the care or charge of him,
Such Justice may, by an order under his hand and seal, require
any Constable or other peace officer to bring such person
before any two Justices; and such Justices shall comprise the
Resident or Police Magistrate and one other Magistrate or any
two other Justices.

And the Justice or Justices, as the case may be, before whom any

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,

in

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 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 lunatic 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

Lunatics

certificate

the hand of some person according to the form in Schedule B to this asylum without Act, together with such statement of particulars as is contained in the certain order and 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 of 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

facts

Medical certificate to specify opinion of insanity has been

upon which

formed

Order for recepfound lunatic by inquisition

tion of patient

Resident or

Superintending
Medical Officer

to make certain mission or discharge of

entries on ad

patients

Resident or Superintending to keep books to

Medical Officer

Lunatics

be called the

• Medical

Journal' and

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 The Case Book' 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.

Statement of

be transmitted

to the Colonial

19. In case of the death of a pauper patient in any asylum a patients dying to 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.

Secretary

Visitors to visit

at least once a week and to

institute certain inquiries

Books, certifi

laid before

visitors at each visit

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 cates, &c., to be 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.

Book to be kept called Visitors' Book,' in which to be entered result of inquiries

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 herein before 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.

Lunatics

23. Within forty-eight hours after any person is admitted into any asylum under the foregoing provisions the Resident or Superintending Medical Officer and the officer next in authority to him shall examine such person, and unless they shall be fully satisfied that such person is a lunatic or of unsound mind the Resident or Superintending Medical Officer shall convene a meeting of the Board of Inquiry, and such Board 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 examination so to be held by the Resident or Superintending Medical Officer and officer next in authority as aforesaid, and the Board may take such evidence upon oath or affirmation (which oath or affirmation the chairman for the time being of such Board is hereby authorised to administer) as to them may seem advisable, and if upon due inquiry 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 forthwith order the immediate release of such person, and he shall be 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- adjourned 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 not present the Resident or Superintending Medical Officer shall preside thereat.

28. The chairman of such Board of Inquiry may by summons under his hand (which summons may be in the form in the Schedule E to this Act) require any person to appear before such Board at the time 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 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 not exceeding fifty pounds nor less than ten pounds.

29. Any visitor or any Justice may at any hour of the day or night enter and inspect any asylum, and the patients confined therein; Provided that if in the opinion of the Resident or Superintending Medical Officer the inspection of any such patient by any 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.

If Colonial present, Resident Surgeon not

or Superintending Medical

Officer to be

chairman Chairman of

Board may issue attendance of witnesses

summons for the

Visitors and

Justices to enter

and inspect