Visitors may order discharge of patients or absent on trial Lunatics 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 allow them to be 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. Visitors may discharge pauper patient on under taking of relative or friend that he shall be properly cared for Person 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 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 otherdead or incapable wise of giving an order for the discharge or removal of such patient, of acting Patient not to be discharged when certified to be dangerous of Visitors 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 without consent 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. Orders and medical certificates may be amended 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 Lunatics certificate or certificates may be amended by the person or persons signing the same within fourteen days next after the reception of such lunatic: Provided, nevertheless, that no such amendment shall have any force or effect unless the same shall receive the sanction of one or more of the Visitors. defective certificates 36. When any medical certificate upon which a patient has been Provision as to received into any asylum or any of such certificates is deemed by the Visitors incorrect or defective, and the same is or are not duly amended to their satisfaction within fourteen days next after the reception of such patient, the Visitors or any two of them may forthwith order the discharge of such patient. 37. If any two householders shall make application to any Justice, supported by affidavit, that they believe any person confined in any asylum to be sane, and that no inquiry has been held by the Board of Inquiry into the sanity of such person for a period of three months preceding the date of such application, such Justice shall make an order directing the Resident or Superintending Medical Officer to call a meeting of the Board of Inquiry for the purpose of holding_an examination of such person, and such Resident or Superintending Medical Officer shall forthwith convene a meeting of such Board, who shall inquire into the state of mind of such person so alleged to be sane, and shall take the evidence of such persons as may be tendered for that purpose, and shall thereupon make such order for the discharge of such person or otherwise as to them shall seem fit. PART III DANGEROUS AND CRIMINAL LUNATICS On application of holders, Justice may order two house Resident or Medical Officer to summon Board mit dangerous lunatics 38. If any person shall be discovered and apprehended under Justices to comcircumstances denoting a derangement of mind and a purpose of committing suicide or some crime for which if committed such person would be liable to be indicted, any two Justices before whom such person may be brought may call to their assistance any medical practitioner; and if upon view and examination of the said person so apprehended and upon proof on oath by the said medical practitioner to the effect that in bis opinion such person is a dangerous lunatic or a dangerous idiot, or (in case such medical assistance cannot be obtained) on any other proof the said Justices shall be satisfied that such person is a dangerous lunatic or a dangerous idiot, then they may by an order under their hands according to the form in the Schedule Ă No. 2 to this Act commit such person to some asylum, there to be kept in strict custody until such person shall be discharged as hereafter provided: Provided always that every such person, while so detained in such asylum, shall have the liberty and privilege of seeing his friends and legal advisers at all reasonable times. 39. The particulars annexed to the order of committal shall be forthwith after the reception of the person therein named into any asylum entered in a book to be called The Book of Admissions of Dangerous and Criminal Lunatics,' which shall be kept by the Resident or Superintending Medical Officer of every asylum, and in which shall be entered from time to time the dates of the admission, death, Particulars to be of Admissions of dangerous and entered in 'Book criminal lunatics J Lunatics Two Visitors on cate may order person com mitted as dan- discharge or otherwise of every such person, and which book shall be produced to the Visitors at every visitation. 40. The Resident or Superintending Medical Officer or any two of the Visitors of any asylum (of whom the Colonial Surgeon shall be discharge of any one), on the receipt of a certificate signed by two medical practitioners that any person contained therein as a dangerous lunatic is no longer a dangerous lunatic, and may be suffered to go at large with safety (such certificate setting forth that such person has been personally examined by the medical practitioner signing the same), may order such person to be forthwith discharged. Power to dis- 41. The provisions hereinbefore contained in Part II. of this Act in reference to the discharge of lunatics or the undertaking of friends or relatives for their safe custody, and the proceedings to obtain an powers of Board order of Justices for an examination by the Board of Inquiry and the powers of such Board to order the discharge of any person confined in such asylum, shall extend and apply to persons confined in any such asylum as dangerous lunatics. of Inquiry Colonial' Secre- Colonial Secre- Colonial Secre- removal of a 42. If any person sentenced and ordered to be kept in any gaol or prison in the said Colony shall be shown to the satisfaction of the Governor in Executive Council to be insane or to be unfit from imbecility of mind for penal discipline, the Colonial Secretary may, by warrant under his hand, direct such person to be conveyed to and kept in such Asylum, and thereupon such person shall be removed accordingly, and with him shall be transmitted a certificate in the form in the Schedule A No. 3 hereto, duly filled up and authenticated; and the contents of every such certificate shall be transcribed into 'The Book of Admissions of Dangerous and Criminal Lunatics' before mentioned. 43. If it shall be certified to the satisfaction of the Governor and Executive Council by two medical practitioners that any person committed to prison for trial for any offence is insane or is an idiot, the Colonial Secretary may, by a warrant under his hand, order that such person shall be removed to such asylum as he shall appoint (unless in the meantime admitted to bail by some legal authority) until the sessions or commission at which such person should be brought to trial or indicted according to the due course of law; and that such person shall then be remitted to the custody of the keeper or governor of the gaol or other person in whose custody such person may have been, under the terms of the original committal in order to his being indicted and tried for such offence or otherwise disposed of according to law: Provided always that every such person, while so detained in such asylum, shall have the same liberty and privilege of seeing his friends and legal advisers at all reasonable times, which he would have had in the gaol or other prison from which he may have been removed. 44. The Colonial Secretary may by warrant under his hand direct that any person confined in any asylum shall be removed to any other lunatic from one asylum; and such person shall thereupon be received into such asylum, and there detained subject to the provisions of this Act. asylum to another Insane prisoners under sentence of death may be 45. If at any time it shall be made to appear to the Governor of the said Colony that there is good reason to believe that any prisoner Lunatics in confinement under sentence of death is then insane, either by means of a certificate in writing to that effect in the form given in Schedule F, transmitted to him by two or more of the Visiting Justices of the prison in which such prisoner under sentence of death is confined, or by any other means whatsoever, the Governor shall appoint two or more medical practitioners to inquire as to the insanity of such prisoner; and if on such inquiry the prisoner shall be found to be then insane, the fact shall be certified in writing by such persons to the Governor; and on receipt of such certificate the Governor shall direct, by warrant under his hand, that such prisoner shall be removed to such lunatic asylum or other proper receptacle for insane prisoners as aforesaid; and every person so removed under this Act, or already removed and in custody under any other enactment relating to insane prisoners not under civil process, shall remain in confinement in such asylum or other proper receptacle as aforesaid, or in any other lunatic asylum or other proper receptacle to which such person may be removed by any like warrant, which the Governor is hereby empowered to issue if he shall think fit, until it shall be duly certified to the Governor by two medical practitioners that such person is sane; and upon the receipt of such last mentioned certificate the Governor is hereby authorised to issue a warrant, under his hand, directing (if the period of imprisonment or custody of such person shall have expired) that he or she shall be discharged; or, if such person shall still remain subject to be continued in custody, that he or she shall be removed to any prison or other place of confinement, in which he or she may be lawfully confined to undergo his or her sentence of death or other sentence; or, if under sentence, to be dealt with according to law, as if no such warrant for his or her removal to a lunatic asylum had been issued. 46. In all cases where it shall be given in evidence upon the trial of any person charged with any treason, murder, felony or misdemeanour that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the jury shall be required to find specially whether such person was insane at the time of commission of such offence; and to declare whether such person was acquitted by them on account of such insanity; and if they shall so find the Court before whom such trial shall be had shall order such person to be kept in strict custody in some asylum, and in such manner as to the Court shall seem fit, until the Governor's pleasure shall be known; and thereupon the Governor may give such order for the safe custody of such person during his pleasure, in such place and in such manner as to the Governor shall seem fit. 47. When by reason of the expiration of his term of imprisonment or otherwise, any criminal lunatic would (if duly certified to be of sound mind) be entitled to his discharge, the Governor, with the advice of the Executive Council, upon a certificate by two medical practitioners that such person continues to be of unsound mind, may by warrant under his hand order that such person be removed to the portion of such asylum set apart for persons not criminals, there to be subjected to the same care and treatment and to be dealt with in all respects as lunatics not being criminals. 48. The Governor, with the advice of the Executive Council, may Governor may Lunatics grant leave of absence on condition Escaped lunatics may be recaptured Lunatics' property may be sold, mortgaged, &c., for debts, maintenance, &c. by warrant under his hand permit any person so confined in any such asylum as a dangerous or criminal lunatic to be absent therefrom upon trial for such period and upon such conditions as he may think fit; and if such person do not return within such period or if any of such conditions be broken, such person, if thereafter remaining absent, may be retaken and dealt with as hereinafter prescribed in the case of an escape. 49. In case of the escape of any person confined in any asylum, whether dangerous, criminal or otherwise, he may be retaken any time by the Resident or Superintending Medical Officer or any officer or servant belonging to such asylum, or any person assisting such Resident or Superintending Medical Officer, officer or servant in this behalf, or any other person authorised in this behalf by the Colonial Secretary or Resident Magistrate or Superintending Medical Officer, and shall be conveyed to and received and retained in such asylum. PART IV CARE AND MANAGEMENT OF PROPERTY AND ESTATES OF LUNATICS 50. Whenever any person shall be lunatic or of unsound mind so as to be incapable of managing his affairs, and shall be so found by the Supreme Court or any Judge thereof, either by any inspection, or upon inquiry before a jury or otherwise; and it shall appear to the said Court, or any Judge thereof, to be just and reasonable, or for the lunatic's benefit, such Court or Judge may order that any of the estate or interest of the lunatic in real or personal estates, either in possession, reversion, remainder, contingency or expectancy, be sold or charged by way of mortgage, or otherwise disposed of as may to such Court or Judge seem most expedient for the purpose of raising money to be applied, and such Court or Judge may accordingly order that the money when raised be applied for or towards all or any of the purposes following: (1.) The payment of the lunatic's debts and engagements. (II.) The discharge of any incumbrances to his estates. (III.) The payment of any debt or expenditure incurred or made after inquisition, or authorised by such Court or Judge to be incurred or made for the lunatic's maintenance, or otherwise for his benefit. (IV.) The payment of or provision for the expenses of his future maintenance. (v.) The payment of the costs of applying for, obtaining, and executing the inquiry, and of opposing the same. (v.) The payment of the costs of any proceeding under, or consequent on the inquisition, or incurred under order of such Court or Judge. (VII.) The payment of the costs of any such sale, mortgage, charge, or disposition as is hereby authorised to be made: and the committee of the estate may and shall, in the name or on behalf of the lunatic, execute, make, and do |