Lunacy Act 1844 (SA)

IIEREAS i t is expedient to make provision for the safe Prwbla

custody of, and prevention of crimq being committed by

,	persons insane:	5
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Be it Ennctcd by His Esccllency the ~d\ -ernor of South Bus- Justices to commit

tralia, with the advice and consent of the Lcgislntive Council dangerous lunatics,

thereof, That if any person shall be discovc~ed and apprehe~~decl

in the Province of South Australia, under cn~curnstances denoting

hehiled, and upon. pro~f, on oath, by the sai$ medical practitioner

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a dersn~cment of mind and a purpose of committing suicide, or

some crime, for which, if committed, such person would be liable to be indicted, it shall be lawfbl for any two Justices of the Peace of South Australia, before whom such person may be brought, to

call to their assistance any legally qualified hedical practitioner;

and if, upon view and examination o f thc inid person so appre-

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sistance cannot bc.

shall be satisfied

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bf confinement from wkch he shall $ w e been taken, or if the	,	,	f
pried of imprisonment or- custody 9f ,'such person shall have or if such person slid1 nor kc under any sentence of imn-
prisonment, that such pcrson slmll be

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111. And be i t Enacted, l l int if i L! slrnll be certified to the said , p, " ~, " ~, " r ~ ~ :'$ ,

Governor, by two l c g d y qrdificd r&cfical practitioners, that any mitted for trimt, a hs remarcd to lunatic

, person con~rnitted to prison for trial f& any offence, is insane, or is, ,Jlum.

an idiot. i t s l i d be ltrmfd for snch @ovei-nor, if he shall think fit, by warrant under his hand, to ordcrknt such pelgon shall be re- moved to such lunatic asylum as 11; shall appoint, unless in the mean time admitted to bail by so& legal authority, until the Assizcs, Sessions, or Commission, at jvhich such pmson should be brought to trial, or indicted accordi@ to the due course of law aud that such pcfson shall t1icn.be rh i t t ed to the custody of the Ireeper or go.orcimoi* of the gaol, or other pcrson in whose custody such person may have bcen, under the terms of the original c o i - mittal, in order to his being indictcd &cl tried for such offence, or otherwise disposed of according to lbw: Provided always, that every such person, while so detained & snch lunatic a s j h n, shall 11a;r.e the same Liberty and privilege of seeing his friends and legd advisers, at all masonable times, whi& he would have had in the gaol or other prison, from which he mnj have bccn removcd.	L?,
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IV. Aid be it Enacted, That in all 'cases where i t shall be given JUV ncqtlitting peraone of offences

in evidehcc, upon the trial of any persdn charged with any treason, ,,. go,od of in-

murder, fcloily, or misdemeanour, t l d such person was insane at mnit todeclam rhatkr mch pm. -

the time of the comnlission of such offclice, and snch person slmll n.8 wquitwa ,,,,

be acquitted, the jury shnll be rcquii$d to find specially whether t x ~ ~ t m ~ ~

such person was insane at the timc hf the con~inission of &ch	,
offence, and to clcc1al.c whether such was acquitted by tlllern on ackorult of such insanity, and if thy slmll so find, the Court,

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before wlioln such trial s l d l be had, shall a order such person to be

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kept in strict custody, in such gaol or l$ncc of confin~n~cnt, and in

snch ninnner as to tlic Court shnll s&m fit, until thc Governor's	l
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' pleasure shall bc k n o. o v n, * it 1 1 1 &ercupon be lawful for the

Goceixor to give srtdi ordcr for tllc custody of ~11~11 person, . I

during his plcnsnrc, in such ~ L C C ai& in such innniwr as to the ,

Governor shdl sccnl fit.	*>	F. ir
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V. And bc it lhacted, Tlmt if it sl$l nppcal* to any two lcgnlly ors sons prmod not to

qualified mcdicd pmctitioncrs prescntr'r at an esnmination of any llbrtrrred

person in custody aftcr the passing ok this Ordinance, that he is

hot an insane pcrson, or a dnngcroos fcliot, m ~ d that such persou

may ,be suffered to go at large with !snfcty, it slldl and may be

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Ia~vful for such mcdical {ractitio&rs, and t h y are hereby required, to give R certificate to that effcct, signcd by them, to the Visiting Justice, or in his abscnEe to the keeper of the gaol or house of correction in which sucY pcrson is in custody, who is hereby re*

h	quired to transmit the srjtme forthwith to thc Governor, who shall
I	orcler tlie liberation of &ch person from custody, unless he be
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dctnincd tllcrein for son& otlicr cause by due process of law, or lmvillg bcrn ncquittcd by in Jury on the of insanity, is con- fined during the plensurc pf Her Majesty, or of the Gowxnor,

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' Pcraona who are to VI. And be it ~nacted; Thct no person s l i d, for the purposes

be deemed medical

prac titionon. of this Ordinance, be deeqed a legally qualified medical practitioner, unless such pcrson shall bave obtained o certificate of his being a lqplly qualified nledicnl @mctitioner nccorcling to the laws of the

I Province in force for the time being, .

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Visitora to be ap-	VII. And be it ~nncted,	Tlmt it shall and may be lanfld for
pointed.

the said Goremor, to noklinate and appoint some fit and proper pcrson, or persons, not esc&ding fire in number, to be the visitors of each lunatic asylum, ~ri thin the said Province, and the said visitors to remove or displkce, and to appoint another, or others in his or their stcncl; and rjoi@ one of such visitors so appointed shall bc required to visit such~lunntic asylum, at least once in eveiy

C	week, unless prevented bp illness or other sufficient cause; and shall, from timc to time, *hke such reports to the Colonid Secre- tary as may be required by orcler of the said Governor: Prolidet1
always, That in addition said five visitors, two others shall
be annually appointed the Legislative Council of South
Au~tr wlia.

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Limiwionof action*

VIJL And bc i t Ellnctcdi That no action shall lic ngninst any

mngistratc, constnblc, gnoltp, sa~crintcnclcnt of lunatic asylum,

visitor, or any person actigg for, or under them, or any of them,

%	for or on account of any n@, matter, or thing whatsoet-er done, or to bc done, or commnndcd by him, them, or any of them; in carry- ing thc provisions of this ~idinnncc into cffcct, mlrss such nrtion
1w co~nn~cwwl nitlrin tln3r(! c'ulcntlnr ~nonths nftcr tltc c n u s ~ of

tic t ion or 1 1 i d e ~ l l h g w nrisrn; lmd it' wly 1wrson sllall lw

S I I C ~ fur any nct, mnttrr, or; tlriqg! wl~ic l~ he shdl lime so done, or slrall so do, in carrying .the rovmons of this Ordinance into effcct he inay plead the general 1 m e, and give the specid matter iq

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Indcmnit for ~ c t r IX. And whercas divers $sane persons have been and are n o l ~

@lm.dy &a. confined in Hex at Adelaide; Be it Enacted, That

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all persons who penalty, action,

or indictment, ordering, superintending, , ,

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or by being h1 any way care, charge, reception, or -. 't j

confinement of such	are hereby in-	,	t	!
demnified, freed, and	actions, indict-	,
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ments, and of such i

X. And be it Enacted, That in case &ny action, suit, bill of in- k r * l i ~ ~ t

dictrnent, or information, s h d, from andqafter the passing of this Ordinance, be brought, canied on, or pro$ecuted against any person llereby meant or iutended to be indernnfied, for or on account of any such liability as aforesaid, such perso$$ may plead the general issue, and upon his clefcnce, give this @dinance, and the special matter in evidence upon any trial to be had thereupon.

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X And whereas it is desirable to prov&e for the care and main- me Governor m v order perruns inmno

tenance of persons who are insane, but nbt dangerously so: Be it ( t k ~ g h nor ~ ~ U R W.

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Enacted, That it shall be lawful for the Qovemor, on the applica- OW m) mired into a lunatk

tion of one or more of the relatives or g$ardians or friends of any insane pcrson, which application shall be siii~ctioned in writing by n Judge of the Supreme Court, and on re&iving the certificate of

two legally qualified medical practitioners that they have examined

and found such person to be of unsound i@d, to direct and order, if he think it proper so to do, that such:,person' be received into

such lunatic asylum, as he the said Govern&) may appoint.	3
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XII. And bc it Enacted, That when m).itlsane' person shall be ~ $ ~ ~ ~ $ ~ ~ ~ $

committed to any gaol or lio~pital as afore&id, for the puq~osc of i m m e

being received into such lunatic asyluim as ithe .said Govemor may	by lha
appoint, the removal to and from, and mkintcnancc in the said nsylurn, of such insane prrson, slrall, until ~fu~rther provision shnll

be made, be at the expense of the Province. .

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XIII. Provided alwiby~, and be it ~nnn6$ cd, Tlmt it shall be ~ e l n t i o m m pm-

lawful for the suqicrint.mdcnt of any sl~ch n ~ ~ h m, in rill cases t ~ h c l. ~ dians may ~rl;*res with

anparintcndcnk for

m y lunatic or idiot shnll bc possessed of sdicicnt mcnns, to dcfmy nmintontme of

the expense of his main tc11ani.e in such ~ s y h n l, to n6rce with any iunrtin or idiutn.

relative, guardian, or friend, of any such lu~xttic or idiot, for his

maintenance whilst detained thcrein; 'and sbch relative, guardian,

or friend, shall be, and ie hereby empower^^ to reimburse him-wlf

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or herself all necessary

any fnuds or propcrty

fun& or property arc he

G. GREY,

Gove~mor of Soatlr Auatrafia.

. Passed the Legislative C;

; day of Augw

. L. O'HALLORAN,

Clerk of Council.

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~ P L U D I: PFiatod by authority, by W. C. Coq Oowlnment Printer, Viotoria-square. 4

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