Dangerous Lunatics Act 1843 No 17a (NSW)

No. XIV.

An Act to make provision for the safe custody of and prevention of offences by persons dangerously Insane and for the care and maintenance of persons of unsound mind.

[12th	December,	1843.]
WH E R E A S	of and p reven t ion of cr ime be ing commi t t ed by persons	insane

it is expedient t o m a k e provis ion for t he safe custody

Be i t enacted by H i s Exce l lency t h e Governor of N e w Sou th W a l e s

w i t h t h e advice and consent of t h e Legislat ive Counci l thereof Tha t if any person shal l be discovered and apprehended in t h e Colony of N e w South Wales unde r c i rcumstances denot ing a de rangement of m i n d and a purpose of c o m m i t t i n g suicide or some cr ime for which if com­ mi t t ed such person would be l iable to be indicted i t shall be lawful for any two Jus t i ces of t h e Peace of N e w South Wales before w h o m such person m a y be b r o u g h t to call to t he i r assistance any two legally qualified medical prac t i t ioners a n d if u p o n view a n d exami­ na t ion of t he said person so apprehended and upon proof on oa th by the said two medical p rac t i t ioners to t h e effect t h a t in the i r opinion such person is a dangerous luna t ic or a dangerous idiot and on any other proof t h e said Jus t i ces shall be satisfied t h a t such person is a dangerous luna t i c or a dangerous idiot t h e n i t shal l be lawful for the said Jus t i ces by w a r r a n t u n d e r the i r h a n d s a n d seals t o commit such

person to some gaol house of correct ion or publ ic hospi tal wi th in t he

said Colony the re to be k e p t in s t r ic t cus tody u n t i l such person shal l be discharged b y t h e order of two Jus t i ces of t h e Peace one whereof shal l be one of t h e Jus t i ces who has s igned such w a r r a n t or by one of t h e J u d g e s of t he Supreme Cour t of N e w South W a l e s or u n t i l such person shal l be removed to some publ ic Colonial Luna t i c A s y l u m by order of H i s Excel lency the Governor of N e w Sou th Wales for t h e t i m e be ing as hereinaf ter provided P rov ided always t ha t every such person whi le so deta ined in such gaol house of correct ion or publ ic hospi ta l shall have t h e l iber ty and pr ivi lege of seeing his or he r friends

and legal advisers a t all reasonable t imes Provided also t h a t th i s Act

or a n y t h i n g here in conta ined shal l n o t be cons t rued to ex tend to res t ra in or p reven t any relat ive or friend from t a k i n g such insane person or dangerous idiot unde r his or he r own care a n d protec t ion if he or she shal l en ter in to sufficient recognizance for t h e peaceable behaviour or safe custody of such dangerous luna t i c or idiot before two Jus t i ces of t he Peace or t he Cour t of Q u a r t e r Sessions or one of t h e J u d g e s of t he Supreme Cour t of N e w Sou th Wales .

conviction or order by any J u s t i c e or Jus t i ces of t h e Peace or unde r any other t h a n civil process and in respect of w h o m it shal l be certified by two legally qualified medical p rac t i t ioners t h a t he or she is insane shall be removed to such publ ic Colonial L u n a t i c Asy lum as t h e said Governor shall appoin t and every such person so removed shall r emain unde r

2. A n d be i t enacted Tha t i t shal l be lawful for t he Governor of New South W a l e s for t h e t i m e being if he shall so t h i n k fit to direct by w a r r a n t u n d e r his h a n d t h a t any person who m a y be de ta ined in custody in a n y gaol house of correct ion or hospi ta l by v i r t ue of any such w a r r a n t as aforesaid or a n y person w ho may be in any pr ison or place of confinement u n d e r any sentence of dea th impr i sonmen t or

t r anspo r t a t i on or u n d e r any w a r r a n t in default of sure ty to keep the

peace or t o answer a c r imina l cha rge or in consequence of any s u m m a r y

unde r confinement in every such asy lum to which such person m a y he removed u n t i l i t shall he duly certified to t h e said Governor by two legally qualified medical prac t i t ioners t h a t such person has become of* sound m i n d whereupon the said Governor is hereby authorized and requ i red if such person shall r emain subject t o be cont inued in custody to issue his w a r r a n t to t he keeper or other person hav ing the care of any such asy lum direct ing t h a t such person be remi t ted to t he pr ison or o ther place of confinement from which he or she shall have been t a k e n or if t h e period of impr i sonment or custody of such person shal l have expired or if such person shal l not be u n d e r any sentence of impr i sonment t h a t such person shall be discharged.

3. A n d be i t enacted Tha t if i t shall be certified to the said Governor by two legally qualified medical prac t i t ioners t h a t any person commi t t ed to pr ison for t r ia l for any offence is insane or is an idiot i t shall be lawful for such Governor if he shall t h i n k fit b y w a r r a n t unde r his h a n d to order t h a t such person shall be removed to such luna t ic a sy lum as he shall appoint unless in t he m e a n t ime admi t t ed to bai l by some legal au thor i ty un t i l t h e Assizes Sessions or Commis­ sion a t which such person should be b r o u g h t to t r ia l or indicted according to the due course of law and tha t such person shal l t hen be r emi t t ed to t he cus tody of t h e keeper or governor of t he gaol or o ther person in whose custody such person may have been unde r t he t e rms of the original commi t t a l in order to his or he r be ing indicted and t r ied for such offence or otherwise disposed of according to law Provided

a lways t h a t every such person whi le so detained in such luna t i c asy lum

shal l have t h e same l iberty and privilege of seeing his or he r friends and legal advisers a t all reasonable t imes which he or she would have had in t h e gaol or other pr ison from which he or she m a y have been removed.

4. A n d be i t enacted Tha t in all cases where i t shall be given in evidence u p o n the t r ia l of any person charged w i t h any t reason m u r d e r felony or misdemeanor t h a t such person was insane a t t h e t ime of flu; commission of such offence and such person shal l be acqui t ted the j u r y shal l be required to find specially whe the r such person was insane a t t he t ime of t h e commission of such offence and to declare whe the r such person was acqui t ted by t h e m on account of such insani ty and if t hey shall find t h a t such person was insane a t tin? t i m e of commi t t i ng such offence t h e Cour t before w h o m such t r ia l shall be had shall order such person to be k e p t in str ict custody in such gaol

fit un t i l t h e Governor ' s p leasure shall be k n o w n and it shall thereupon	or place of confinement and in such m a n n e r as to t he Cour t shall seem
be lawful for t h e Governor to give such order for t h e safe custody of such person du r ing his p leasure in such place and in such m a n n e r as to t he Governor shall seem fit.
5. A n d be it enacted Tha t if i t shal l appear to any two legally qualified medical prac t i t ioners present a t an examinat ion of any person in custody after t h e pass ing of th i s A c t t h a t he or she is no t an insane person or a dangerous idiot and t h a t such person m a y he suffered to go a t la rge wi th safety i t shall and m a y be lawful for such medical prac t i t ioners a n d they are hereby requi red to give a certificate to t h a t effect signed by t h e m to t h e Vis i t ing Jus t i ce or in his absence to t he keeper of t he gaol or house of correct ion in which such person is in cus tody who is hereby requi red to t r a n s m i t t h e same for thwi th to t he Governor of N e w South W a l e s for the t ime being who shall order t he l ibera t ion of such person from custody unless he or she be detained the re in for some other cause by due process of law.
6. A n d be i t enacted Tha t no person shall for t he purposes of th i s Ac t be deemed a legally qualified medical pract i t ioner unless such person shall have obta ined a certificate of his being a legally qualified

medical

medical prac t i t ioner from t h e N e w Sou th W a l e s Medica l Board es tab­ lished u n d e r an A c t of Counci l passed in t h e second year of t h e re ign of H e r present Majes ty Queen Victor ia in t i tu led " An Act to define

" the qualification of Medical Witnesses at Coroner's Inquests and

" Inquiries	held before Justices of the Peace in the Colony of New
" South	Wales."

7. A n d be it enacted T h a t it shal l and m a y be lawful for t he said Governor to n o m i n a t e a n d appoin t some fit and p roper person or persons n o t exceeding five in n u m b e r to be t he visitors of each luna t i c a sy lum w i t h i n t h e said Colony a n d t h e said visi tors t o remove or displace and to appoin t ano ther or o thers in his or the i r s tead and some one of such visi tors so appoin ted shal l be r equ i red to visit such l u n a t i c a s y l u m at least once in every week unless p reven ted by illness or o ther sufficient cause and shal l from t i m e to t i m e m a k e such repor ts t o t h e Colonial Secretary as m a y be requ i red by order of t he said Governor Provided always t h a t in addi t ion to t h e said five visi tors

two others shal l be annua l ly	appoin ted	by t h e Legis la t ive Counci l of
N e w	Sou th	Wales .

8. A n d be it enac ted That no act ion shal l lie aga ins t any Magis ­ t r a t e constable gaoler super in tenden t of l una t i c a sy lum visi tor or any person ac t ing for or unde r t h e m or any of t h e m or on account of any act m a t t e r or t h i n g whatsoever done or to be done or commanded b y

h i m t h e m or any of t h e m in car ry ing t h e provisions of th i s A c t i n to

effect unless such act ion be commenced wi th in t h r ee calendar m o n t h s after t h e cause of act ion or compla in t shal l have ar isen and if a n y person shall be sued for any act m a t t e r or t h i n g which he shal l have so done or shall so do in ca r ry ing t h e provisions of th i s A c t in to effect he may plead t h e general issue and give t h e special m a t t e r in evidence.

9. A n d whereas divers insane persons have been a n d are now confined in t h e L u n a t i c A s y l u m at Ta rban Creek Be i t enac ted Tha t all persons who have subjected themselves to any pena l ty action or ind ic tment by p r o m o t i n g p rocu r ing order ing super in tend ing or by being in any way concerned in t h e care charge recept ion or confine­ m e n t of such insane persons shal l be a n d are he reby indemnified freed a n d discharged from all penal t ies act ions ind ic tmen t s and liabilit ies incur red b y reason of t he confinement of such insane persons as afore­ said Provided always t ha t n o t h i n g here in conta ined shal l ex tend or be cons t rued to e x t e n d t o indemnify any person agains t w h o m an act ion shal l have been commenced in t h e Supreme Cour t of N e w Sou th W a l e s for any t respass in regard to t he confinement of any such insane persons as aforesaid Provided also t h a t in all cases where any insane person

shal l have been confined in t h e luna t i c a sy lum upon t h e certificate of any duly qualified medical p rac t i t ioner and such insane person shall have since become of sound m i n d no act ion shall lie for any such t respass as aforesaid.

10.    A n d be i t enacted T h a t in case any act ion suit bill of indict ­

m e n t or informat ion shal l from and after t he pass ing of th i s A c t be

b r o u g h t carr ied on or prosecuted aga ins t any person or persons he reby m e a n t or in tended to be indemnified for or on account of any such l iabil i ty as aforesaid such person or persons m a y plead t h e general issue and upon the i r defence give th is Act and t h e special m a t t e r in

evidence upon any t r i a l t o be had the reupon .

1 1 . A n d whereas it is desirable to provide for t he care and

ma in t enance of persons who are insane b u t not dangerous ly so Be i t enacted T h a t i t shal l be lawful for t h e Governor for t h e t ime being on t h e appl icat ion of one or more of t h e relat ives or guard ians of a n y insane person which appl icat ion shal l be sanct ioned in wr i t ing by one of the J u d g e s of t he Sup reme Cour t of N e w Sou th Wales and on receiving the certificate of two legally qualified medical pract i t ioners t h a t they

have

have examined and found such person to be of u n s o u n d m i n d to direct and order if h e t h i n k it p roper so to do t h a t such person be received

in to such luna t i c a sy lum as he ( the said Governor) may appoin t .

12 . A n d be i t enacted Tha t when any insane person shall be commi t t ed to a n y gaol or hospi ta l as aforesaid for the purpose of being received in to such luna t i c a sy lum as t he said Governor m a y appo in t t he remova l t o and from and ma in tenance in t h e said a sy lum of such insane person shall unt i l fu r ther provision shall be made be at t he expense of t h e Colony Provided t h a t no insane person be ing a convict confined in t h e said asy lum shall be suppor ted out of any funds of the Colony whe the r local or genera l .

13 . Provided always and be it enacted That it shall be lawful for the super in tenden t of any such asy lum in all cases where any luna t ic or idiot shall be possessed of sufficient means to defray t he expense of his or he r ma in t enance in any such a sy lum to agree wi th any re la t ive gua rd i an or friend of any such luna t i c or idiot for his or he r main­ tenance whi ls t detained there in and such re la t ive gua rd i an or friend shal l he and is hereby empowered to re imburse himself or herself a l l necessary sums expended in such m a i n t e n a n c e out of any funds or p roper ty belonging to such luna t i c or idiot which funds or p roper ty are hereby made chargeable the rewi th .