Criminal Lunatics Act of 1861 No 16a (NSW)

No. XIX.

An Act to make bet ter provision for the Custody

2. The Colonial Secretary may by w a r r a n t unde r his hand
direct to be conveyed to and kep t in any such Asy lum any person for
whose safe custody t h e Governor is by t h e four th section of t h e Act seventh

and Care of Criminal Lunatics.	[7th	May,
1861.]

WH E R E A S it is expedient to m a k e bet ter provision for t h e

custody and care of Cr imina l Luna t i c s Be i t therefore enac ted

by t h e Queen ' s Mos t Exce l len t Majesty	by	and w i t h	t h e	advice	a n d
consent of t he Legis la t ive	Counci l	a n d	Legis la t ive	Assembly	of N e w

South W a l e s in P a r l i a m e n t assembled a n d by the au thor i ty of t h e

same as follows :—

1 . I t shall be lawful for t he Governor w i th t h e advice of t h e

Execu t ive Counci l by w a r r a n t	unde r his h a n d publ ished in t h e	Gazette
to declare t h a t any A s y l u m or place in t h e	Colony provided	or appro­

pr ia ted to and deemed sui table for t h a t purpose shall be an	Asy lum
for Cr imina l Luna t i c s and the reupon this A c t shall app ly to	such
Asy lum.

seventh Victor ia n u m b e r fourteen au thor ized to give order a n d any person sentenced a n d ordered to be kep t in any gaol pr ison or pena l es tab l i shment who m a y be shewn to t h e satisfaction of t h e Governor

a n d E x e c u t i v e Counci l to be insane or t o be unfit from imbecil i ty of

m i n d for penal discipline A n d every such person as aforesaid shall be removed accordingly and wi th h i m shall be t r ansmi t t ed a certificate in t he form of t h e Schedule; here to duly filled u p a n d au then t i ca ted

A n d t h e con ten ts of every such certificate shall be t ranscr ibed in to a

Genera l Reg i s t e r which shall be k e p t in every A s y l u m for Criminal

Lunatics u n d e r t h i s Ac t .

3. W h e n by reason of t he expirat ion of his t e r m of imprison­

m e n t or pena l servi tude or otherwise any person confined in a n y such A s y l u m would if duly certified to be of sound m i n d be ent i t led to his d ischarge i t shall be lawful for t h e Governor w i th t he advice of t he Execu t ive Council upon a certificate from two legally qualified Medical P rac t i t i one r s t h a t such person cont inues t o be of u n s o u n d m i n d by w a r r a n t u n d e r his h a n d to order h i s discharge and removal t o some o ther A s y l u m or to be otherwise subjected to t he same care and t rea t ­ m e n t a n d to be dealt wi th in all respects as Luna t i c s not being Criminals .

4. The Governor wi th t h e advice of the Execu t ive Counci l m a y by his w a r r a n t pe rmi t any person so confined in any such A s y l u m to be absent therefrom upon t r ia l for such period a n d upon such con­ dit ions as he m a y t h i n k fit A n d if such person do not r e t u r n wi thin such period or if any of such condit ions be b r o k e n such person if thereaf ter r ema in ing absent m a y be re taken and dealt w i th as herein­ after enacted in case of an escape.
5. I n case of t h e escape of any person so confined in any such A s y l u m he m a y be r e t aken at any t i m e by t h e Super in t enden t of such A s y l u m or any officer or servant be longing the re to or any person ass is t ing such Super in t enden t officer or servant in th i s behalf or any o the r person au thor ized in th i s behalf in wr i t i ng u n d e r t h e h a n d of t he Colonial Secretary or such Super in t enden t and shall be conveyed to and received a n d detained in such Asy lum.
6. A n y person who rescues a n y person ordered as aforesaid to be conveyed to any such A s y l u m d u r i n g his conveyance t he re to or his confinement t he re in a n d any officer or servant in any such Asylum who t h r o u g h wilful neglect or connivance pe rmi t s any person so con­ fined the re in to escape therefrom or secretes or abets or connives at any

such escape shall be deemed gui l ty of felony a n d be liable on conviction
a t t h e discretion of t h e Cour t to be kep t to ha r d labor on t h e roads or
o the r publ ic works of t h e Colony or to be impr isoned w i t h or wi thout hard labor for any t e r m not exceeding th ree years A n d any such officer or servant who carelessly allows any such person to escape shall on s u m m a r y convict ion before two Jus t i ces be l iable to a pena l ty not

exceeding t w e n t y pounds nor less t h a n two pounds .

7. A n y Super in tenden t officer nu r se a t t e n d a n t servant or o ther

person employed in any such Asy lum who i l l t reats or wilfully neglects any person so confined the re in shal l be deemed gui l ty of a misde­ m e a n o r a n d be liable on convict ion to fine or impr i sonmen t for any period not exceeding twelve calendar m o n t h s wi th or wi thou t ha r d labor a t t he discret ion of t h e Cour t or t o forfeit for every such offence on a s u m m a r y convict ion thereof before two Jus t i ces any s u m not

exceeding t w e n t y pounds no r less t h a n two pounds .

8. Two or more of t h e Visi tors appoin ted under t he said reci ted Ac t or t he A c t n i n t h Victoria n u m b e r four or any o ther A c t in t h a t behalf shal l once or oftener in each year on such day or days and a t such hours a n d for such l eng th of t ime as t hey t h i n k fit or as

t h e Colonial Secre tary shal l in wr i t ing u n d e r his h a n d direct visit

every

every such A s y l u m for Cr imina l Luna t i c s a n d shal l inqui re in to t h e

condit ion as well m e n t a l as bodily of t he persons confined the re in

u n d e r th i s A c t a n d shal l m a k e such o ther inquir ies respect ing every such A s y l u m as t he Colonial Secretary shall direct a n d shall repor t to

h i m t h e resul ts of all such inquir ies .

9. This Act shal l be styled and may be cited as t h e " Cr iminal

Luna t ics Ac t of 1 8 6 1 . "

S C H E D U L E A.

S T A T E M E N T respecting Criminal Lunatics to be filled up and transmitted to the Medical

Superintendent with every Criminal Lunatic-

Name
Age

Date of Admission
Former Occupation

From whence brought ...

Married Single or Widowed

How many Children

Age of Youngest

Whether First Attack

When any previous Attack occurred ...

Duration of existing Attack
State of Bodily Health
Whether suicidal o r dangerous to others
Supposed Cause ...

Chief Delusions or Indications of Insanity

Whether subject to Epilepsy	...
Whether of Temperate Habits Degree of Education Religious Persuasion Crime or Offence When and where tried ...
Verdict of	Ju ry . . .
Sentence...