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trustee or guardian, or the consent of a lunatic to the exercise of a exercise power
75. Where under this Act the committee of the estate, under Trustees aporder of the Court or Judge, exercises, in the name and on behalf of the ..." lunatic, a power of appointing new trustees vested in the lunatic, the same powers as person or persons who shall after and in consequence of the exercise of $o." the power be the trustee or trustees shall have all the same rights and o powers as he or they would have had if the order had also been made “” by the Court in its equitable jurisdiction under ‘The Trustee Ordinance, 1854,” or if he had been appointed by a decree of that Court in a suit duly instituted, and the Court or a Judge may in any such case where it seems to be for the lunatic's benefit and also expedient, make any and every such order respecting the land or stock or choses in action, Subject to the trust as might have been made in the same case under the provisions of ‘The Trustee Ordinance, 1854' on the appointment thereunder of a new trustee or trustees.
76. Where by the report of the master of the said Court or by Power to court affidavit or otherwise it is established to the satisfaction of the Court or ..., a Judge that any person is of unsound mind and incapable of managing exogaio.in his affairs and that his property does not exceed one thousand pounds o in value, or that the income thereof does not exceed fifty pounds per low annum, such Court or a Judge may, without directing amy inquiry ot under a commission of lunacy, make such order as to such Court or * Judge may seem expedient for the purpose of rendering the property of such person or the income thereof available for his maintenance or benefit or for carrying on his trade or business: Provided that the alleged insane person shall have such personal motice of the application for such order as aforesaid as the Court shall by amy general order to be made as hereinafter mentioned direct.
77. For the purpose of giving effect to any such order as is men- Power to sew tioned in the last preceding section the Court or a Judge may order ..." any land, stock or other property of such person aforesaid to be sold, unaúc charged by way of mortgage or otherwise disposed of, and a conveyance, transfer, charge or other disposition thereof to be executed or made by any person on his behalf ; and may order the proceeds of any such Sale, charge, or other disposition, or the dividends or income of such land, stock or property to be paid to any relative of such insane person or to such other person as it may be considered proper to trust with the application thereof, to be by him applied in the maintenance or for the benefit of the insane person or of him and his family, either at the discretion of such relative or person or in such manner and subject to such control as the Court or a Judge may direct ; and for the purposes above mentioned the Court or a Judge shall have all the same powers with respect to the transfer, sale and disposition of and otherwise respecting the real and personal property of such person as aforesalú as if he had been found lumatic by inquisition.
Power to apply property of persons acquitted on the ground of insanity for their benefit
Court or Judge may direct Master to report as to lunacy of any person detuined in asylum, and may appoint golardian of his estate, and direct application of his income
Master to have all necessary powers of inquiry and to make inquiries roferred to him
78. Where any person has on the trial of any indictment or information been acquitted on the ground of insanity, the Court or a Judge on being satisfied by affidavit or otherwise of the continued insanity of such person and of his being still in confinement, may make any such order with respect to the property of such person and the application thereof for his maintenance or benefit or that of his family or for carrying on his trade or business as is mentioned in the two last preceding sections.
79. When any person shall have been received or taken charge of as a lunatic upon an order and certificates, or an order and certificate, in pursuance of the provisions of this Act, and shall have been detained as a lunatic for the twelve months then last past, the Court or a Judge may direct that the Master of the Court shall, and thereupon the said Master shall, personally examine such person, and shall take such evidence and call for such information as to such Master shall seem necessary to satisfy him that such person is alumatic; and shall report thereon to such Court or Judge; and such Court or Judge may thereupon from time to time make orders for the appointment of a guardian, or otherwise for the protection, care and management of the person, or of any person who shall by any such report as last aforesaid be found to be a lunatic ; and such guardian shall have the same powers and authorities as the committee of the person of a lunatic found such by inquisition ; and such Court or Judge may also make order for the appointment of a receiver, or otherwise for the protection, care and management of the estate of such lunatic; and such receiver shall have the same powers and authorities as a receiver of the estate of a lunatic found such by inquisition; and such Court or a Judge may also make orders for the application of the income of such lunatic, or a sufficient part thereof, for his maintenance and support, and in payment of the costs, charges and expenses attending the protection, care and management of the person and estate of such lunatic, and also to the investment or other application for the purpose of accumulation of the overplus (if any) of such income for the use of such lumatic as to the Court or a Judge shall from time to time in each case seem fit: Provided always that such protection, care and management shall continue only during such time as such lunatic shall continue to be detained as a lumatic, upon an order and certificates or certificate as aforesaid, and for such further time, not exceeding six months, as the Court or a Judge may fix; provided also that the Court or a Judge may in any such case, either before or after directing such inquiry by such Master aforesaid and whether such Master shall have made such a report as aforesaid or not, direct a commission in the nature of a writ de lunatico inquirendo to issue to inquire of the lunacy of such person,
80. The Master of the said Court shall have power, in the prosecution of all inquiries and matters which may be referred to him as aforesaid or otherwise under this Act, to summon persons before him and to administer oaths and take evidence either vivd voce or on affidavit, and to require the production of books, papers, accounts and documents, and the Court or a Judge may by any order, either general. or particular, refer to the said Master any inquiries under the provisions. of this Act relating to the person and estate of any lunatic as to whom a report shall be made by the Master in like manner as inquiries Lunatics relating to the persons and estates of lunatics found such by inquisition In OW are. 81. Every surrender, lease, agreement, deed, conveyance, mortgage or other disposition granted, accorded, made or executed by virtue of this Act shall be as valid and legal to all intents and purposes as if the person in whose name and place or on whose behalf the same was granted, accorded, made or executed had been of sound mind and had granted, accorded, made or executed the same.
82. All transfers and payments made in pursuance of this Act shall be valid and binding to all intents and upon all persons whomsoeVer.
83. The Court or a Judge may order the costs and expenses of and relating to the petitions, applications, orders, directions, conveyances and transfers to be made in pursuance of this Act or any of them to be paid and raised out of or from the real or personal estate, or the rents, dividends, produce or income in respect of which the same respectively shall be made in such manner as to such Court or Judge may seem proper.
84. If on information before any Resident Magistrate or Police Magistrate or two Justices it shall be made to appear that any lunatic confined in any asylum has an estate, real or personal, applicable to his maintenance and more than sufficient to maintain his family (if any), such Resident Magistrate or Police Magistrate or Justices may make an order, under his or their hand and seal or hands and Seals, directing the seizure of so much money or the seizure and sale of so much of the goods and chattels, or directing any person to be therein named to receive and take so much of the rents and profits of the lands and tenements of such lunatic or other income of such lunatic as may be necessary to pay for the lodging, maintenance, clothing, medicine and care of such lunatic, and the receipt of the person named in such order to receive any moneys to be realised under such order, shall be sufficient discharge to any person paying over any moneys of the lunatic in his possession : Provided that no such order shall be made in any case where a common receiver or guardian has been appointed for the estate of such lunatic by the Supreme Court.
85. Nothing in this Act contained shall extend to subject any part of a lunatic's property to the debts or demands of his creditors, further i. otherwise than as the same is now subject thereto by due course of a W.
86. The said Court may from time to time make such orders for regulating the forms and mode of proceeding before the Court or a Judge, and before the said Master, and of any other proceedings pursuant to the provisions of this Act, for the due protection, care and management of the person and estates of lunatics, and for regulating the procedure to be adopted and duties to be performed by the said Master for obtaining such reports as aforesaid, and for vesting in such Master or other officers such powers as to the said Court may appear expedient for the purposes aforesaid ; and also for forcing, altering and discontinuing the fees to be received and taken in respect of such proceedings, and generally for carrying into effect the aforesaid provisions, as to the said Court shall seem meet ; and such orders as aforesaid, or
Deeds, &c., executed under this Ordinance to be as valid as if lunatic had been of sound mind
Transfers and payments to be binding
Costs may be paid out of estate
Justices may make an order for maintenance of lunatic out of his estate in certain cases
Ordinance not to
Supreme Court may make orders for regulating practice, &c.
The following offences to be misdemeanours
any of them, may be from time to time rescinded and varied by the like authority; and all such orders shall be laid before the Governor in Executive Council, within fourteen days from the making thereof; and if the Governor in Executive Council shall, within thirty-six days next after any such orders as aforesaid shall be laid before him, resolve by minute under his hand that the whole or any part thereof ought not to continue in force, in that case the whole order, or part of the order specified in the resolutions, as the case may be, shall from and after the minuting of such resolution cease to be binding.
87. Whenever it shall appear to the Supreme Court, or a Judge thereof, that a person residing in any place other than the said Colony has been declared lunatic and incapable of managing his affairs, by any Court of competent jurisdiction in the place wherein such person shall reside, the said Supreme Court, or a Judge thereof, may appoint a committee for the management of such person's affairs, which committee shall have all such powers for the management of the lunatic's property and affairs as though such lunatic had been found lunatic by the said Supreme Court, and the committee had been appointed by such Court.
OFFENCES AND PENALTIES
88. Any Resident or Superintending Medical Officer or other officer or servant of any asylum who shall knowingly or wilfully neglect to make due entry in the “Book of Admissions,’ ‘The Book of Admissions of Dangerous and Criminal Lunatics,” “The Medical Journal,' or ‘The Case Book,' of all or any of the particulars by this Act required to be made by them or any of them respectively;
Or shall fraudulently conceal, or attempt to conceal, any part of any such asylum, or any person detained therein as a lunatic, from the Visitors or any other person hereby authorised to visit or inspect such asylum, and the patients confined therein;
Or shall not give full and true answers, to the best of his or their knowledge, to all questions which the Visitors or other person as aforesaid shall ask, in reference to all or any of the matters which by this Act they are authorised to inquire into;
Or shall receive any patient, whether pauper, dangerous or otherwise, into any asylum, without the order or orders and certificate or certificates required by the foregoing provisions;
Or who, having received any patient under special circumstances as mentioned in Clause 14 upon the certificate of one medical practitioner alone (two being required), shall permit such patient to remain in such asylum beyond the period of three clear days without such further certificates as are mentioned in the said clause;
Or shall through wilful neglect, or connivance, permit any person confined in any such asylum to escape therefrom, or shall secrete such person, or abet or connive at any such escape;
Or shall strike, wound, illtreat or wilfully neglect any patient confined in any such asylum ;
Shall be guilty of a misdemeanour, and shall be subject to indictment for every such offence, and to forfeit any sum not exceeding twenty
90. Any person (not being a guardian, or relative deriving no profit from the charge, or a committee or guardian appointed by the Supreme Court) who shall receive to board or lodge in any house not being an asylum duly proclaimed under this Act, or shall take the care or charge of any lunatic under restraint without first having the like order and medical certificates as are required on the admission of a lunatic (not being a pauper) into any such asylum, or shall receive or keep in any house, not being such asylum, more than one such lunatic under restraint, shall be guilty of a misdemeanour.
91. Any medical practitioner who shall sign any certificate contrary to any of the provisions herein contained, shall for every such offence forfeit any sum not exceeding twenty pounds; and any medical practitioner who shall falsely state or certify anything in any certificate under this Act, and any person who shall sign any certificate under this Act, in which he shall be described as a medical practitioner, not being a medical practitioner within the meaning of this Act, shall be guilty of a misdemeanour.
92. Any person who wilfully obstructs the visitors or the Resident or Superintending Medical Officer, or any other officer or person, lm the execution of any duties imposed on them or any of them by this Act, shall (without prejudice to any proceedings, and in addition to any punishment to which such person so obstructing would otherwise be liable) forfeit for every such offence any sum not exceeding twenty pounds.
93. If any person shall, by the production of any false certificate or otherwise, knowingly or wilfully procure any person not being insane to be confined in any asylum, upon insufficient or unreasonable grounds, such person shall be guilty of a misdemeanour.
94. All fines, forfeitures and penalties imposed by this Act may be recovered in a summary way before any two or more Justices of the Peace.
95. The Resident or Superintending Medical Officer may prosecute Qr proceed against any persons for procuring any persons to be wrongfully or improperly confined in any asylum or for any offence against this Act, or may commence any action, lay any information, or institute any proceedings for enforcing payment of amounts due or payable for the maintenance of any persons confined in any such
Neglect to transmit stateIment of death of pauper lunatic penalty not less than 21. nor exceeding 10l.
Any person keeping lunatic in confinement in any place not a lunatic asylum without order and certificate or keeping in confinement more than one such lunatic guilty of misdemeanour
Signing certificate contrary to provisions of this Act penalty not exceeding 201. Medical practitioner giving false certificate Or person deScribing himself as medical practitioner not being such guilty of misdemeanour Penalty for obstructing officers
Procuring confinement of sane perSOn on false certificate misdemeanour