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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.
36. When any medical certificate upon which a patient has been 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.
DANGEROUS AND CRIMINAL LUNATICS
38. If any person shall be discovered and apprehended under circumstances 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 A 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,
Provision as to defective certificates
On application of
Justices to commit dangerous lunatics
Particulars to be entered in “Book of Admissions” of dangerous and
Two Visitors on medical certificate may order discharge of any person committed as dangerous lunatic
Power to discharge dangerous lunatic or undertaking of friends and powers of Board of Inquiry
Colonial Secretary may order criminal lunatics to be conveyed to asylum
Colonial Secretary may direct insane persons committed for trial to be removed to an asylum
Colonial Secretary may order removal of a lunatic from one asylum to another
Insane prisoners under sentence of death may be
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 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.
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 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.
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 asylum ; and such person shall thereupon be received into such asylum, and there detained subject to the provisions of this Act.
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
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
removed by warrant of Colonial Secretary to Lunatic Asylum
Prisoners being insane how to be dealt with
Jury acquitting persons of offences on the ground of insanity to declareWhether such person was acquitted on account thereof
When Sontence expires if patient still insane he may be transferred to portion of asylum set apart for lunatics not being criminals
grant leave of 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.
Escaped lunatics 49. In case of the escape of any person confined in any asylum,
§: o 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.
Lunatics' pro- 50. Whenever any person shall be lunatic or of unsound mind so o as to be incapable of managing his affairs, and shall be so found by ...ots, " the Supreme Court or any Judge thereof, either by any inspection, or maint”“ 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 lumatic's benefit, such Court or Judge may order that any of the estate or interest of the lumatic 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 whem raised be applied for or towards all or any of the purposes following:— (I.) 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 lumatic'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.
(VI.) The payment of the costs of any proceeding under, or con; sequent 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
all such conveyances, deeds, transfers and things relative
51. In case of a charge or mortgage being made under this Act upon an interest in contingency, or in reversion, remainder or expectancy, for the expenses of the future maintenance of such lunatic, the Court or Judge may direct the same to be payable and paid, either contingently (if the interest charged be a contingent one) or upon the happening of the event (if the interest be depending upon an event which must happen) and either in a gross sum or in annual or other periodical sums, and at such times, in such manner, and either with or without interest, as shall be deemed expedient : and any charge already made which would have been valid if made after this Act shall be and is hereby declared to be valid.
52. When it appears to the Court or Judge to be for the lunatic's benefit, such Court or Judge may order that the whole or any part of any moneys expended or to be expended under any order for the permanent improvement, security or advantage of the land of the lunatic, or of any particular part thereof, shall with interest be a charge upon or be raisable out of the lunatic's estate and interest on the land, or Such particular part thereof as aforesaid: but so that no right of Sale or foreclosure during the lifetime of the lunatic be given or acquired, under or by virtue of the charge : and the interest shall be kept down during the lunatic's lifetime out of the income of his general estate, as far as the same shall be sufficient to bear it : and the committee may and shall, in the name and on behalf of the lunatic, execute and do all such conveyances and things for effectuating this present provision as the Court or a Judge shall order: and such charge may be made either to some person advancing the money, or (if the money is paid out of the lunatic's property) to some person as a trustee for him as part of his personal estate.
53. On any moneys being raised by sale, charge, or other disposition of land made in pursuance of any of the foregoing provisions, the person whose estate is sold, mortgaged, charged, or otherwise disposed of, and his heirs, next of kin, devisees, legatees, executors, administrators, and assigns, shall have such and the like interest in the surplus moneys remaining after the purposes for which the moneys have been answered, as he or they would have had in the estate if no Sale, mortgage, or other disposition thereof had been made ; and the surplus moneys shall be of the same character and nature as the estate sold, mortgaged, charged, or otherwise disposed of, and the Court or a Judge may make orders and direct such conveyances, deeds and things to be executed and done (which may and shall accordingly be executed and done) as may be necessary for the effecting this present provision and for the due application of the surplus moneys.
54. Where it is made to appear to the Court or a Judge that the net amount, or net estimated value, of the property of the lunatic does not exceed the sum of five hundred pounds sterling, and it appears, having regard to the situation and condition in life of the lunatic and his family, and the other circumstances of the case, to be