Lunatics Shall be guilty of a misdemeanour, and shall be subject to indictment for every such offence, and to forfeit any sum not exceeding twenty pounds. 89. Any Resident or Superintending Medical Officer, or officer whose duty it shall be, who shall knowingly or wilfully neglect to draw up, sign or transmit to the Colonial Secretary, a statement of the cause of death of any pauper patient, as hereinbefore required, shall forfeit any sum not exceeding ten pounds. 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, in 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. PART VI LEGAL PROCEDURE AND EVIDENCE 94. All fines, forfeitures and penalties imposed by this Act may summary probe recovered in a summary way before any two or more Justices of the cedure Peace. wrong 95. The Resident or Superintending Medical Officer may prosecute or proceed against any persons for procuring any persons to be fully 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 Resident or Superintending may prosecute 'Gazette' to be conclusive evidence of proclamation of asylums Appeal to Sections C, F, G, and H of Shortening Ordinance incorporated Poor persons to be first accommodated in asylum and other ccording to the insane accommodation Resident or Superintending Medical Officer may recover in respect of the maintenance of such persons Resident or Lunatics asylum from the person liable to pay the same; and no such prosecution, action or other proceeding shall abate or be discontinued by reason of the death or removal of such Resident or Superintending Medical Officer; but his successor may continue the same in the name of the Resident or Superintending Medical Officer for the time being. 96. Production of the 'Government Gazette' containing any proclamation of any place as an asylum under this Act, or noting the appointment of any person as a Visitor, Resident, or Superintending Medical Officer or other officer, shall be conclusive evidence of the matters therein contained in any action, suit or proceeding in any Court or Courts in the said Colony. 97. There shall be an appeal from any conviction by any Resident Magistrate, Police Magistrate or Justices, for any offence against this Act, or from any order dismissing any information or complaint, or from any order for payment of money, whether for the maintenance of any lunatic out of his own estate or otherwise, or for costs or otherwise; which appeal shall be to the Supreme Court, as well with reference to the law as to the facts of the case; but the Supreme Court may make such order as to the payment of the costs of the appeal as it shall think fit. 98. Sections C, F, G and H of 'The Shortening Ordinance, 1853' shall be incorporated with this Act in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. PART VII PROTECTION TO OFFICERS AND GENERAL MATTERS 99. Every asylum shall in the first place be appropriated to the reception of pauper lunatics and poor insane people whose estate and friends are unable to bear the expense of their maintenance, and of dangerous and criminal lunatics, and of lunatics wandering at large and not being properly taken care of or being cruelly treated or ordered therein under this Act; and in the next place, so far as the means of accommodation therein will extend, to the reception of other insane persons, in respect of whom some relative, guardian, friend or committee may agree with the Resident or Superintending Medical Officer for his maintenance while detained therein as hereinafter mentioned, the amount of which maintenance shall and may be recovered by such Resident or Superintending Medical Officer suing in his own name from the person so agreeing with him. 100. The Resident or Superintending Medical Officer of any asylum in all cases where any lunatic shall be possessed of sufficient means to defray the expense of his maintenance in such asylum, may agree with relative or friend any relative, guardian or friend of any such lunatic for his maintenance whilst detained therein; and such relative, guardian or friend shall be and is hereby empowered to reimburse himself all necessary sums expended in such maintenance out of any funds or property belonging to such lunatic, which funds and property are hereby made chargeable therewith. of lunatic Lunatics 101. All the provisions, powers and authorities made and given by the Ordinance No. 2 of the 9th Victoria, intituled 'An Ordinance to provide for the maintenance and relief of deserted wives and children and other destitute persons, and to make the property of husbands and other near relatives to whose assistance they have a natural claim in certain circumstances available for support,' shall be deemed and construed to extend to the care of poor persons confined in any asylum, whether such poor persons are confined as dangerous lunatics or otherwise: Provided that where by the said Ordinance it is directed that complaints may be made by any respectable householder, such complaint may be made by the Resident or Superintending Medical Officer of the asylum wherein such person may be confined. 102. If any person shall apply to the Resident or Superintending Medical Officer in order to be informed whether any particular person is confined in any asylum, such Resident or Superintending Medical Officer is hereby required to inform the person so applying whether the person so inquired after is or has been confined in such asylum; and (if required, and on payment of three pence for every folio containing seventy-two words, copying fee) to furnish a copy of the order and medical certificates upon which such person was received into such asylum. 103. The Governor, the Supreme Court, or any Judge thereof (if he or they shall think fit) may at any time by any order directed to any Visitor, or other officer or person, require the said Visitor, officer, or person to visit and examine any asylum or any person confined as a lunatic, or who shall be under restraint in the care of any keeper, guardian, or relative, or of any other person, and to make a report to the said Governor, or the Supreme Court or any Judge thereof, of such matters as they shall be directed to inquire into. Provided that the Governor shall have no authority under this Act to order a visitation or examination of any patient under the care of a committee appointed by the Supreme Court. 104. If any Judge of the Supreme Court shall receive any information upon oath or otherwise or shall have any reason or cause to suspect that any person of sound mind is confined in any asylum, such Judge shall have full power and authority to cause the Resident or Superintending Medical Officer of such asylum, by any warrant or order to be issued by him directed to such Resident or Superintending Medical Officer, to bring such confined person before him for examination at a time to be specified in such warrant or order; and if upon examination of such confined person or of any medical or other witness who may be called to testify before such Judge as to the supposed sanity or insanity of such confined person, it shall be made to appear to the satisfaction of such Judge that such confined person is of sound mind, it shall be thereupon lawful for such Judge, upon the oath or affirmation of such witness (which oath or affirmation such Judge is hereby authorised and empowered to administer), and he is hereby required to direct such person confined to be immediately discharged from the custody of the Resident or Superintending Medical Officer of such asylum, unless he shall be detained therein for some other cause by due process of law. Governor may make rules for government and management of asylums Provision for absence of Resident or Superintending Medical Officer Order and certificate to justify detention, although describing person as a pauper he not being such and vice versa Resident or Medical Officer and certificate in bar of all pro ceedings Lunatics 105. The Governor, with the advice of the Executive Council, may from time to time make rules for the government and management of any asylum to be proclaimed under this Act; and for the regulating the duties and conduct of the officers thereof, and the care and treatment of the different classes of patients confined therein, and the forms of the various books and returns required by this Act, or deemed necessary to be kept or made, but so as not to alter any form hereby prescribed; and such rules, when published in the Government Gazette,' shall be binding on the Visitors and all officers, assistants and servants of such asylum, and all other persons whomsoever. 106. Where by this Act any duty is prescribed to be performed by the Resident or Superintending Medical Officer, such duty shall (in the case of his unavoidable absence from illness or any other sufficient cause) be performed by the officer of such asylum next in authority, or any medical person the Governor for that purpose may appoint; and the Governor may, in any rules to be made under the last preceding section, relieve such Resident or Superintending Medical Officer from any of the duties herein prescribed to be performed by him; but so that such rules provide for the efficient performance of such duties by some other officer of such asylum, or some other person; and where any penalty is by this Act inflicted on such Resident or Superintending Medical Officer for any omission, neglect or otherwise, he shall not be liable to such penalty in case of absence as aforesaid, or in case he is relieved of such duties by any rules to be made as aforesaid; but in such case the officer next in authority or other medical person, or the officer prescribed by such rules respectively, shall be liable in the same manner as if he had been specially mentioned in the clauses inflicting the penalties. 107. The order and certificate required for the detention of any person as a pauper shall extend to authorise his detention, although it may afterwards appear that he is not a pauper; and the order and certificate required for the detention of a person not being a pauper shall authorise his detention, although it may afterwards appear that he was or is a pauper. 108. Every Resident or Superintending Medical Officer by this Act, and every officer authorised to receive or take charge of any may plead order lunatic upon an order or orders, or certificate or certificates, shall have power and authority to take charge of, receive and detain such person until he shall die or be removed or discharged by due authority; and, in case of the escape at any time of such patient, to retake him at any time within fourteen days after such escape, and again to detain him as aforesaid; and in every writing, indictment, information, action or other proceeding which shall be preferred or brought forward against any such Resident or Superintending Medical Officer or other officer as aforesaid for taking, confining, detaining or retaking any person as a lunatic, such Resident or Superintending Medical Officer or other officer may plead such order and certificate or certificates in defence; and such order and certificate or certificates shall, as respects such Resident or Superintending Medical Officer or other officer, be a justification for taking, confining, detaining, or retaking such lunatic or alleged lunatic. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. Lunatics SCHEDULES REFERRED TO A No. 1 ORDER FOR THE RECEPTION OF A PAUPER PATIENT I, C. D. (in the case of a single Justice of the Peace, or in the case of two Justices, We, C. D. and E. F. the undersigned, a Resident Magistrate or Police Magistrate for the district or town of ), a Justice (or Justices) of the Peace for the Colony of Western Australia, having called to my (or our) assistance a medical practitioner, and having personally examined A. B., a pauper (omit the words 'a pauper' when the lunatic is not a pauper) and being satisfied that the said A. B. is a lunatic (or if an idiot or a person of unsound mind, add [where the person is sent as being wandering at large] the words 'wandering at large,' and [in the case of a lunatic sent by virtue of the authority given by two Justices] add not under proper care and control,'—' and is cruelly treated (or neglected) by the person having the care or charge of him,' as may appear to the Justices to be the case), and a proper person to be taken charge of and detained under care and treatment-hereby direct you to receive the said A. B. as a patient into the Asylum under your charge. Subjoined is a statement respecting the said A. B. (If any Particulars in this Statement be not known the fact to be stated.) Name of patient, with Christian name at length Sex and age Married, single, or widowed Condition of life and previous occupation (if any) The religious persuasion, so far as known Previous place of abode Whether first attack Age (if known) on first attack When and where previously under care and treatment Duration of existing attack Supposed cause Whether subject to epilepsy Whether suicidal Whether dangerous to others Name and Christian name and place of abode The nearest known relative of the patient and degree of relationship (i known) I certify that, to the best of my knowledge, the above particulars are correctly stated. (Signed) (To be signed by two Justices when required by the foregoing Act.) A No. 2 COMMITTAL OF DANGEROUS LUNATICS We, C. D. and E. F., the undersigned Justices of the Peace for Western Australia, having called to our assistance G. H., a medical practitioner, and having seen and examined A. B.; and the said G. H. having deposed upon oath that in his opinion the said A. B. is a dangerous lunatic (or idiot), and being satisfied that the said A. B. is a dangerous lunatic (or idiot), hereby commit the |