Dangerous Lunatics Act 1849 No 3a (NSW)

No. III.

An Act to amend the Law in respect to the safe
custody of persons dangerously insane and

the care and maintenance of persons of

unsound mind.	[12th July, 1849.]
WH E R E A S an A c t was passed b y the Governor and	Counci l of New South Wales in t h e seventh year of t h e reign

Legislat ive

of H e r Majesty Queen Victor ia in t i tu led " An Act to make provision

" for the safe custody of and prevention of offences by persons dan-

" gerously	insane and for the care and maintenance of ^ersews of
" unsound	mind" which A c t was amended by two several Ac t s passed

in t he n i n t h year of H e r said Majesty 's re ign in t i tu led respectively

" An Act to alter and amend an Act intituled ' 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'"	and " An Act to amend an Act
"intituled	'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' " A n d whereas by the said reci ted Acts H i s Excel lency t h e Governor of New South W a l e s is empowered and au thor ized to use and exercise cer tain powers and au thor i ty wi th respect to dangerous idiots and dangerous luna t ics and wi th respect to persons of unsound m i n d wi th in t h e said Colony A n d whereas i t is expedient t ha t H i s H o n o r t he Super in tenden t of Por t

Phi l l ip should have t h e l ike powers and au tho r i t y vested in h i m wi th

respect to dangerous idiots and luna t ics and persons of u n s o u n d m i n d

wi th in t h e Dis t r ic t of P o r t Ph i l l ip Be i t therefore enacted by H i s

2. A n d be it enacted Tha t for t h e purposes of t he eleventh section of t h e said first reci ted Act in every case where it shall appear to t he J u d g e tha t an insane person has no relative or gua rd ian wi th in t h e said Colony or none accessible wi thout inconvenient delay any person or society unde r whose protect ion and care such insane person shall ac tual ly be for t he t ime being shall be deemed t h e guard ian of such insane person and it shall be lawful for t he J u d g e to w h o m any appl icat ion shall be m a d e unde r t he said e leventh section to cause t h e appl ican t and any other person or persons in his discretion to be examined

Exce l lency the Governor of N e w South W a l e s wi th t he advice and

consent of t h e Legis la t ive Council thereof Tha t from and after t h e

pass ing of th i s A c t it shall be lawful for H i s H o n o r t he Super in tenden t of Po r t Phi l l ip to have use and exercise and he is hereby empowered and author ized to have use and exercise all t he l ike powers and au thor i ty w i th respect to dangerous idiots and dangerous lunat ics and wi th respect to persons of u n s o u n d m i n d wi th in t he District of P o r t Phi l l ip as H i s Excel lency the Governor of N e w South Wales was and is by t he provisions of t h e said recited Acts or any one of t h e m empowered and author ized to have use a n d exercise.

examined as to t h e facts in every case on oath and any wilfully false answer by any such appl icant or person the reupon given shall be deemed per jury and be pun ishab le accordingly.

3. A n d be it enacted Tha t t h e several powers and au thor i t ies

which by t h e said reci ted Ac t s or e i ther of t h e m or by th is Ac t are

vested in t h e J u d g e s or any one J u d g e of t he Supreme Cour t of New

South W a l e s shall wi th in t h e Dis t r ic t of Por t Phi l l ip be and t h e same

are hereby vested in t he Res iden t J u d g e of t ha t dis tr ic t .