Lunacy Act 1847 (SA)
No.
2. ___C__
WHEREAS | it is expedient | ' |
of
the undermentioned Ordinance-
Pie IT | by the Govcrnor of South Australia, |
with the advice and consent of tho Legislatire Council thereof,
|
That from and after thc passing llereof, so mnch of
an Ordinance
passed on the Fifteenth day of August, one thousand | |
and hrty-four, intituled *' |
i;*
- ",
that all Visitors of Lunatic Asylums, | ||
under the provisions of the recited Ordinance, shnll be nominated | |
and appointed by the Governor; and |
that | ||
Colofiial Lunatic Asylum, and of any Superintendent or person | |
having the charge thereof, and of any Visitors which shall be made | |
in pursuance of the said recited Ordinance or this Ordinance, shall | |
as soon as convenient be notified in the South Australian Govern- | |
ment Gazette. |
that every Public Colonial' Lunatic | ||
Asylum slid1 in tlie first place be appropriated to the reception of | ||
poor insane persons whose estate and friends are unable to bear the | ||
expense of their maintenance, ailcl of persons ordered to be removed thereto from any public gaol or prison under the provisions of thc recited Ordinance, and of dangerous lunatics ordcred | ||
therein uuder the provisions of | ||
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tend, t o the reception of other insanc persons, in respect of whom some relative, guardian, friend, or comnlittee |
that (csceyt in so far |
i |
p+essly provided) no person not being n pauper or destitute person |
sl~nll be received into |
pointed by the Governor for the reception of iilsa~lc persoils in | l |
Province, without an order under the lia~td | of the pcrson by whasc |
directions such iosnnc ycrson is sent, | order s11d1 be accorcl i~l~ |
to | t | ||
I * |
sl~all |
tlie degree of relationsliip or other circumstance of connection Lc- | ||||
trvcen such person and the insane pcrson, | ||||
place of residence, former occupatio~i, and the asylum or other plaec | ||||
fined, and whethcr such person sllall lime been found lunatic |
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unsound mild by inquisition; nor shall | ti | |||
into any such asylum without such | ||||
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receive any insane person, or yersorls |
or | l |
! |
I | * |
t |
~~i t l lou t | such order and medical certificate, |
shall be deemed guilty of a misdemeapor.
VI. | that every medical certificate upon |
which any such order shall be given for
the confinement ofany person (not being a pauper or destitute person) in such lunatic ;~sylum under this Ordinance, shall be according to the form in Sclicdule B annexed to this Ordinance, and slzall be signed by
two ~ilcdical practitioners not being in partnership, a i d each of t h c a being leg$ly qualified medical practitioners, who shall havesepa- r:~tely vislted and personallycxaminccl the patient to ~vhotn it, relates not more than seven clear days previous to such confiament,
and. such certificate shall be sisned and dated on the day on which | , |
he s l d have been so examined, aiid sliall state that snch person is of uniound mind and proper to be confined; and |
p i~ t i cn t | may, under such spccinl circumstances, be adrni tied into |
a n y such 1un:ltic asylum upon the certificate of one lnediral pac t i -
ticker, provided such certificate sllall be further signed by son^ otller
such ~nctiicnl practitioner within seven days nest after tltc nclnlission .'
of | such patient | in to any such asylum | ers sons |
who shall linowiogly and with intention to deceive, sign airy such 7 |
inedical certificate, untruly | setting forth any of the particulars re- |
'
quirecl by this Ordinance, sllall be decrnetl guilty of a misdcnlcxnor: |
certificate of admission of | |
is wholly or partly dant of such lunatic of which | proprietor or the regular professional attendant, on pain of being |
(lecmcd guilty |
VII. | I ~ I C T E D, | that (enccpt | in so far as otheri~isc ex- |
1)ressl~ | providcd) no pauper or destitute lunatic shell be received |
illto any nsyluin for the reception of insane persons rvithout :m
order according to the form in Schcdule C mnescd to this Ordi-
, |
cal certificate | imnexed to this |
(-)rdi~j:mce, | s i pcd by one legally qualified medical ~ m c | t i tioner, that |
pauper or destitutc person 1s |
"oufined, and destitute of the means of support or maintenance;
1
"ld | if any |
destitute destitute person ~ q ~ r e s e n t e d or alleged to be insane into any lunatic asylum, without such o r h r and medical certificate,
every person so offendirrg shall be deemed guilty of a misderneanor.
within two days
patient is received into | 1 |
of insane persons, | that the Superintendent of every | 3 |
such Asylum shall keep a Book of Entry of all persons received thercin as insane; in the form of Schedule E hereto snnexkd, | |
shall, within the space of two clear days next | |
any person shall |
that |
within tm; clear days next after 'such removal or death i;l like man-
ner make due entry thereof; and in cases of removal shall state by
whom removed, and in what state
of mind such person shall have beenwhen removed,and (if within his knowledge) towhat place re- moved; and every Superintendent ofany such asylum who shall knowingly and wilfully neglect so to do shall be deemed ggilty of
a inisdemeanor.
I
that in case of the death of | |||
destitute patient in any asylum, rz statement of the cause of the |
attendant of such asylum, and
a copy thereof, duly certified by the, Superintendent of such asylum, shnll be by him transmitted to the
Colonial Secretary within two clear ,day S of the death of | . |
and | knowingly |
.
or |
aforesaid, s l d l respcctivcly on convrction thcreof,
forfci tand paythe sum of Ten pounds.
S
XI. |
con~picuous | |
- | , 1 |
therc shall also bcl icpt in | ||
Ordinance and | |||||
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care shall think deserving of their notice, |
* | ||
tions thereupon; and thc said Visitors shall transmit
a copy ofsuch minutes and of the Book of Entry kept in sucha6y-
I
, | lum, at least once in every Quarter of |
! | Secrcta ry. |
\ |
XII. | that if the Superintendent of any |
Lunatic Asylum | shall freudulently conceal or attempt to conceal |
1 | ||
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I |
: | i n as | insane, from any s u d ~ | Visitors, or from any medical or other |
P |
. | person authorised un(ier the provisions of this Ordinance to visit | ||
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I
tliercin, every pcrson so offending shall be deemed guilty of | a mis- |
: | dcrneauor. |
SIII. | that if any person shnll ayply to the |
S~ipcrintendent | in ordcr to be informed whether |
p r m n is confined in m y such asylum, such | Superintendent is |
llereby reqnired to inform |
in sucll asylum, and |
(if rrqoircd, and on p a p c o t of Threepence for every folio
con- i:~ining scvcn ty- tw words copyingfees) to furnishB copy of the
ordcr and medical certificates upon whirl1 such pcrson | received |
illto | asylun1. |
1
that until provision shall be | made for |
:hc | l i cc~~s i l~g | of private I m n t i c Asylums, 110 person (except he |
;i gonrdinu or relative not deriving any property from thecharme bcinp an irylurn.
or | ' |
,
of being deemed guilty
o f n misdemeunor, receive to board or lodgein any house not being
n public Colonial Lunatic Asylum, or take
the care or charge of any i~lsnne person, nncier rcstmint, without first Ilaving the like order and meclicol certificates as are required on the nll~nission of all insa~ie pcrson (not being | ||
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rcstrnint. |
that if arly Superintendent, officer, | .au.. |
nurse, attendant, servant, or other person employerl in any gaol, |
asylum, or private housc wllerein any | lunatic is | confined, | shall in |
any way wilfully abuse or ill-treat any patient confined therein, or | |
shall wilfully ncglect any such patient, he shall be deemed guilty of |
' ;. | ||||
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, ti
'1- | |
$ 4 |
consider himself to have been' unjustly confined, a copy of the
cer- tificates and order upon which he has been confinedshall at his request be furnished to him or to his Attorney, without anyfee or reward for the same,
that i t shall be lawful for the Superin- |
any specified placc for ally definite time for the benefit of his health:
PROVIDED ALWAYS,
NEVERTHELESS, that before any such consent asaforesaid sllall be given by any T'isitnrs the approval in writing of the person who sipled the order for the reception of such patient, or by whom the l;& payment on account of such patient &S made, shidl be produced to sudl Visitors, unless they sllall, on cause bein;
shown, dispense with the same.
XVII. | that in any case where application | ||
shall be made to the Visitors of any gaol or asylum by | ||
tive or friend of | ||
being convicted of or charged with any crime), requiring thdt he | ||
may be delivered over to | ||
to the satisfiction of such Visltors that such lunatic shall be pro- perly taken care of, and shall be prevented from doing injury to | ||
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that i t shnll nntl | |||
inay be lawful for tllc Governor, or the Supreme Court, or nnv | |||||||||
Judge tlwreof, if Ire or they shall think fit, | |||||||||
directed to any Visitor or other officer or person, to require the said Visitor, olliccr, or pcrson to visit and csmirinc | |||||||||
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rcstrni~rt in |
Governor shall have no authority under this Ordinance to order |
- | visitation or examination of any patient |
that if |
of the Supreme Court shall receive any information upon oath, or
otheraise, or shall have any reason or cause to suspect that any |
person of sound mind is confined in any Lunatic Asylum within
tie,,, the said Province, such Judge shall have full power and authority
to cause
the Superintendent or keeper of such Lunatic Asylum, byan)' warrant or order to be issued by him, directed to
swh Super-intendent or keeper, to bring such confined person before him for examination, a t a time to be specified in sach warrant or order; and
if upon the examination of such confined person, or of any medical or
other witness who inav be called to testify before such Judge as to the
supposed sanity or insanity of such confiied person, i t skdl be made |
to appear to |
son is of sound mind, i t shall be thereupon lawful for such Judge, | |
upon the oath or affirmation of such wltness (which oath or | |
and hc is hereby required to direct such confined person to be | |
immediately discharged 'from the custody of the Superintendent or keeper of such Lunatic Asylum, unless he 'shall be detained therein for some other cause by due process of Law. |
X. And for the better enabling the Visitors executing this
Vinimn may sum-
Ordinance to inquire into the several matters and things by this |
Ordinance referred to them, BE IT ENACTED, | that it shall be lawful |
to and for any two Visitors, one of whom shall not be
n medicalpractitioner, from time to time, as they shall see occasion, t o
require, by summons (according to the form in Schedule
F annexed.to this Ordinance), any person to appear before them to testify
he truth toucliing any matters relating to the execution of the powers
given by this Ordinance, on oath or affirmation, | + |
affirmation | and |
every persou 1~rho | shall not appear before the said Visitors pursuant |
to such summons, without assigninn some reasonable | appearing, or appearing shd1 refuse to be sworn or esamined, |
shall on conviction for every such neglect or refusal, forfeit and pay a penalty not exceeding Fifty pounds nor less than Ten pounds.
=I. |
s h d d bc con~pelled | to maintain in part or in whole, their puorer |
relatives who may be confii~ed | in a Lunatic Asylum, Be IT |
that all the provisions, powers, and
nutliorities mndoand given by the Ordinance passed on the fourteenth da*y of February, One
.:L Tllousand, Eight Hundred and Fa'srty-three, intituled'(An Actto '' Provide for the Maintenance
and Helief of Destitute Wives and. Children
Children, and other Destitute Persons, and to
make the Property
"of Ilusbilnds and other near Relatives to whose assistance they" llavc a natural claim in certain circutnstances available for their
*' Support" shall bc deemed and construed to extend t o the case of poor persons confined in any Public Lunatic
Asylum, whether such
' poor persons arc confined as dangerous lunatics or olherwise:
PROVIDED | that where by the said Ordinance it is directed, that con+ |
plaints may be made by any reputable Householder, such col~iplaint
map bc made by the Superintendent of the Lunatic Asylum wherein
such poor person may be confined.
XXII. | that notwithstanding anything in the |
required to appha-
tiona where no juri. erecited Ordinance contained, the sanction in writingby a Judge of
cial proeeedin~s* the Supreme Conrt for the reception of an insnne person into anyLunatic Asylum, sliall not be necessary, in respect of any personwho shall not hare been found lunatic or insane, by some proceeding had
that nothing herein contained shall be construed to |
that wl~en | any person, wlio shnll be |
ind~cted for any
indicted for any offence, shall be iasnne, and upon s r r a i p n e n t sl~nll | |
be found by |
kcpl in s tr id, cnstculy, in | r;\lch i w w r |
sllnll | shrill |
and in all cases of ii~snuity llcr Majesty may
give sncll ordcr for the safe custodyof such person during her pleasure in suchplacc and manner as to her Majesty sllall seem fit.
'
tllc2.t all Fines and Penalties |
inourred under this Ordinance, may be recovered before |
'. | in manner and form respectively provided by the | |
* 1 | .. |
- | L |
under
this Ordinanceshall be paid tn the Colonial Treasurer on
Lcl~alE of her Majesty, her Heirs, and Successors, for the Public ushs of the Province and support of the Government thereof.
FREDK. K ROBE,
W. L. @HALLORAN,
Clerk of Council.
SCHEDULE -
of an Insarie Person. tllri
The patient's true christian and surname
at full
length The pkient's age
Married or single
1 The paiient's previous occupation
(if any)
day The patient's previous place of abode
The Asylum or other place (if any) in
which the patient
was before confined
Whether found lunatic by inquisition, |
and date (if any)
Special circumstance (if any) which shall prevent the patient being examined by two medical practitioners
Special rircum&nce (if any) which |
ists to prevent the insertion of any of
the above particulsrs. |
Upon the autliority | above statement, |
lum unclcr your charge.-I | am, Sir, | 3 |
Your obedient servant, | |
Occupation (if |
Place of abode | ............................................ |
Degree of
relationship (ifauy) to the insane person .............
............ | ||
|
I I2
11 .SCHEDULE
B.
I, the undersigned, hereby certify, that I separately visited and personally examined | . |
the person named in the aunexed statement and order, on the
day of | one thousand eight hundred and |
is o f unsound mind, and a proper person to be confined. |
Name ......... | :. ........................ |
Legally qualified Medical Practitioner ........
Place of abode,. ..........................
I, the undersigned, hereby certify, that I separately visited and personally
examined the person named in the annexed statement and order, on the
one thousand eight I~undred | and | and that the said |
is of unsound mind, and aproper person to be confiued.
(Signed) | Name .................................. | |
Legally qualified Ifedical Practitioner ........ | ||
Place of abode., .......................... | ||
_I- | ||
|
c.
SUCTII | i t appear3 to me, | of her Majesty's Justices of |
3 |
the Peace | in and for the said Provi~ce, | having called to my assistance, |
that
f
is destitute of the means of support or m~intenanre |
you are hereby directed to cause the said | to |
Given under |
one thousand eight | ||
To the | ' |
I__ SCHEDULE
I do hereby certify, that by the directions of | Justice of the Peace, |
in and for the Province of South Australia, I have personally examined the said
and that the said | is of unsound |
day of |
(Signed) | (Medical Practitioner. |
SCHEDULE
F. -
Farm of Summons.
do hereby summon and require you personally to appear before us at
day of at the hour of in the noon of the
33me day, and then md there to be examined, and testify the truth touching certain
matters relatingto the execution of the Ordinauces providing for the Care and Main-
of our Lonl Onc Thouwnd Eight Hundred and ,
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