Lunacy Act 1864 (SA) | CaseChat AU

ANNO VICESIMO SEPTIMO ET VICESIMO OCTAVO ~ & 7 ~ - ~ 0 * ~
VICTOR1
A.D. 1864.
An Act to consolidnfe awl amend the laws relating to the Safe Cttstody

of. 2nd Pre~;eniio?t

o f Ofencm

by, Persons Dangero~cs

Zy Insane ;

.for the Care and Ahzintenmtce o j Persom o f f i i h m d Mind; for

the Care a d iVanagement of the proPe;ty and Estates qfsbch

Persons ;

and far other pzcrposes,

[dsscated to, 9th Deccmbcr, 1864.1
HEREAS it is expedient to consolidate and amend the Laws Preamble,
relating to the safe custody of, and prevention of crimes by, persons d & p + o u s l y insane; and the care and maintenance of persons of unsound mind; and to provide for the care and manage- ment of the property and estates of such persons--Be it therefore Enacted bp the Governor-in-Chief of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament asseinbled, as follows:

1. This Act may be cited for all purposes as the "Lunatics Act, s h ~ ~ t t i t i ~,
1864."

2. An Ordinance No. 10 of 1844, intituled "An Ordinance to p

make provision for the safe custody of, and prevention of offences Repcalk
by, persons dangerously insane; and for the care and maintenance
of persons of unsound mind ;" an Ordinance No. 2 of 1847,
" Further to provide for the care and maintenance of persons of un-
sound mind ;" aiid an Act No. 6 of 1854, intituled " An Act to authorize the sale, or mortgage, or letting of the estates of persons
found lunatic, and for other purposes therem mentioned," are hereby repealed, save so far as is necessary to give validity 30 all acts
hitherto
232 27" & 280 VICTORIB, No. 21.

v $ & %

Lunatics Act.-1864.

P ~ ~ r ~ ~ i r ~ a f l *

hither@ done in pursuance thereof respectidy, and save so far as

necessary to enable any penalty to be imposed, enforced, or d, and save so far as may be necessary to enable any punish-

+A "*

be inflicted for any offence against the said Ordinances and

I +t,oy

4;lther of them.

Interpwtatior,

:.'kd-,the

coqstruction of this Act, unless inconsistcnt with the

4 bontext, or subject, the following terms shall have the respective

*	hereafter assigned to them respectively, that is to say:

5 4 5 h

+ * Y +.

Board," shall mean the Board

of Inquiry hereinafter ap-

pointed:
"Lunatic," shall mean and include every person of unsound

- 9	mind, and every person being an idiot:

Asyhm," shall mean any asylum, house, or place now used

p c .

f& the reception of lunatics, or which may be hcreafter

proclaimed for that purpose under the provisions herein-

aftcr contained:

+ ,'$;

-* .

Justice," shall mean a Justice of the Pcacc for the said Pro-

- ::* *..

vince:

' - 1 p

< '

Pauper," shall mean any person having no income, property,

or estate sufficient to provide for his maintenance:

Medical Practitioner," shall mean m y person who shall have obtained a certificate of his being a legally qualified medical practitioner, according to the laws of the said Province, in fbrce for the timc being:
" Visitor," shall mean any person appointed by the C overnor as
visitor undcr this Act.

Division of ~ c t,

This Act shall be divided into seven part,s, viz. :-

PBBT

Yroclamat~oil of

~ h l l a t i c Asyl~znls; Appointment

Officers; their powers and duties:

PART	Lunatics, not being dangerous or criminal:

11. Admission into, and discharge from, ,4sylnms of

PAET

111. Dangerons and criminal lun t'

a 1CS:

PART	TV. Care and management of property and estatcs of

lunatics:

PART	V. Offences and penalties:

PAW VI.

Legal procedure and evidence:

PART	VII. Protection of Officers and general matters:

P A ~ T

I. PART

I. -

Proclamation of Lunatic Asylums; Appoiutment of

Officers; their powers and duties:
Governor, with advico

of Ereoutire ~ ~ ~ ~ ~ i l,

5. The Governor, with the advice of the Executive Council, may

ms~~roclaimlmatic from time to time, by Proclamation in the Government Gazette,

asylume.

declare any place or place^ provided or deemed suitable for that
purpose to be an asylum for lunatics; and may in like manner
declare

27" & 28" VICTORIZ, No. 21.

233

Lunatics A c t. 1 8 6 4.

declare that any such place or places so proclaimed shall cease to be	p m ~	I.
used as a lunatic asylum.

6. For every such luuntic asylum as aforesaid, there shall be ap- Resident Medicd

Oficcr and visitors to

pointcd some duly qualified 3fedical Practitioner, as Resident Medical a,

sppo<nted

Officer, and such other officers as may bc deemed nucessnry and	US
proper for carrying out thc dotics irnioosed by this Act; and also,	$tnw.L L
six fit and prolm persons, to be visitors of every such asylum: and such Resident Medical Officer and visitors shall have and exercise the powers and authorities herein conferred upon them respectively,

7. Such Resirlent Medical Officcr, and all other officers appointed Oficcrstabenppoi~hd

under this Act, shall be appointed by the Governor, with the advice

by Governor, with

the

Executire Council, a i d may from time to time be removed c ~ u n c i l.

by the Governor, with the advice af6resaid.

8. The visitors of each asylum shall be appointed by the Governor, Triditors to bc

appointed by Govcr-

with the advice aforesaid, a i d sllall continue in ofice until the first nor,

to remain

Monday in January, in the year llext Xullowing the date of their office till first &Iondny

in January after the

appointment; and so often as any vacaifcy shall occur, by tho death, date of their

absence, or incompetence of

any visitor, such vaeancy shall be f ~ r t h -

"ppoament.

with filled by the Governor, with the advice i~foresairl: Provided that, after thc expiration of the term fbr which any visitor is ay- pointed, he shall be cligiblc for appointment for the nest cnsuing year, and so from year to year, unlcss bc shall have frtiled to make
six visits during his year of office, to such asylum, in his official
capacity.

9. Thc Resident Medical Ofticer shall llave t,he control and man- Duties of Rcsidcnt

Medical Officcr.

agement of' such asylum, in all mattcrs connected with the internal routine and discipline thereof, and shall be responsible for carrying out the duties by this Act irnposcd upon him, aud for the due ob- scrvance of the provisions hereof, in to all matters occurring within such asylum.

10. The Colonial Surgeon for t

c being, shall, from time to Colonial Surgeon to

time, visit and inspect ewry such

, and may give such direc- inspect, &c,

I I

tions and instnxctions to thc Resid

cdical Officer, as to the mode

of conducting such asylum, as to h

sccrn proper and expedient;

all which directions and ixlstructio	e entered in " The Visitor's
Book," hereinafter mentioned, and	irrctions and instructions

shall be carried out and obeye

esident lfeclical Officer,

unless and until the same shall

sallowed by the Chicf

Secretary.	L	S.
La,

1 1. The Colonial Surgeon, the

dent

Medical Officer and any

Board of I w ~ ~ Y.

''%

two or more of the Visito~s

s l d

and a ~ c

hereby constituted a

Board, hereinafter called " The	of Inquiry," and sEla11 have
and exercise all the powers an	orities hereinafter conferred

U

upon them, and the Colonial Sur

all be the chairman of such

Board.

cPI

27% 28" VICTORIB, No, 21.

Lunatics Act.-1

86 4.

PART 11.

PART

11.-Admissions

into and discharge from Asylunls of Lunatics,

not being Dangerous or Criminal.

Provision for sending	1 2. If an information	efore any Justice, that any
pauper lunatice to

asylum.	pauper is or is deemed to b	, he shall by an order under
his hand and seal require	er to be brought before him,

or some other Justice, a	Justice before whom such
paupcr shall be brought	to his assistance a Medical

XPrac t i

tioner and examine

; and if such Medical Prac-

titioner shall sign a certifi

ect to such pauper, according

to the form in Schedule

d such Justice be satisfied

upon view or personal cx	pauper, or other proof that
such pauper is a lunatic	son to be taken charge of
and detained urder care and t	hall by an order under his

hand, accoding to the fo

A, No. 1, to this Act, direct

such pauper to be reccivc	some asylum duly proclaimed under
this Act, and such lunat	1 be received and detained therein
accordingly: Provided a1	hat any Justice may upon his own
knowledge, without any	tion bving laid as aforcsaid, examine
any pauper deemed to b	tic, at his own abode or elsewllere,
and proceed in all resp	f such pauper were brought before
him in pursuance of $n	that purpose.

lunatics wandering at

13. Every constable or

r peace officer who shall have know-

Provision aa to

large, not being

ledge that any person wan

g at large is deemed to be a lunatic,

properly taken care of, shall imrnediat ely appreh

or being cruelly

d take, or cause such person to be

treated.

apprehended and taken,

And any Justice may,

on its being made appear to him, by

thc information u	oath of any persons whomsoever,
that any person	ering at large is deemed to luc a
lunatic, by an ord	dcr the hand and seal of such Jus-

tice, to &quire	constable, or other peace officer, to
apprehend him	bring him before such Justice or some
other Justice:

peace officer who shall have 11. not a pauper and not wander-, is deemed to be a lunatic, ancl

nd control, or is cruelly treated ve or other person having the

, within three days after obtain-
information thereof upon oath

And in case it be rna'de a

ar to anflnstice upon such infor-

mation, or urpon the	rrnation upon oath of any person
whomsoever, that	rson, not a pauper, and not wan-

dering at large,	to be a lunatic, and is not under
proper care and c	r is cruelly treated or neglected

- by any relative

rson having the care or charge

of him:
Such
2T0 & 28" VICTORIZ, No. 21.

Such Justice shall either himself vi

nd examine such person,

PART

xx.

and make inquiry into the ma	so appearing upon such
information, or by an order u	his hand and seal direct

and authorize some Medic

actitioner to visit and

-A

examine such person and	such inquiry, and to re-
port in writing to such J	his opinion there~zpon;

and in case, upon such p	visit, examination, and
inquiry by such Justice, or	e report of such Medical

Practitioner, i t appear

tice that such person is

a lunatic, and is not und	ewe and control, or is
cruelly treated or neglectc	elative or other person
having the care or charge of hi@:

Such Justice may, by an order under!his hand and seal, require
any constable or other peace o@er to bring such person

before any two Justices:

And the Justice or Justices, as the case may be, before whom any such person as aforesaid in the respective cases afore- said is brought under this sectiora shall call to his and their assistance a. Medical ~~ractitionei, and shall examine such pcrson and make such inquiry rdlative to such pcrson as he or thcy shall deem nccessnry !
And if upon examination of such petson, or other proof, such J ~ ~ s t i c e be satisfied that such so brought before him is a lunatic and was wandering at large, and is a proper person to be taken charge of or $etailled undcr care and treatment:
Or such two Justices be satisfied that' such person so brought before them is a lunatic, and is ltot under care and control, or is cruelly treated or neglected9y any person having the care or charge of him, and that lie is a proper person to be taken charge of and detain~d~uilder care and treatment,
and if such Medical I'ractition@r sign a certificate with

respect to every such person so brought, either before one

Justice or two Justices, accord@ to the form in the

Schedule C:

The said Justice or Justices may, by an: order under his or their hand and seal or hands ancl seals, accord to the form in Schedrxlc

A, No. 1, to this Act, inny direct such	son to be received into
any asylum duly proclaimed as afores	and such person shall
forthwith be conveyed to and detained	cl1 asylum accordingly:

Provided always, chat any Justice ma

such information bn

oath as aforesaid, or upon his own ge, and alone in the case of any such person as aforesaid wandepng at large and deemed to be a lunatic, or with some other Justicegin any other of the cases aforesaid, examine the person deemed to be a lunatic at his own abode or elsewhere, and to proceed in cspect as if such person

were brought before him or them	reinbefore mcntioned:
provided also, that the said Justice	tices may suspend the

execution
3X

B 6	27" & 28O VICTORIE, No, 21.

Lunatics Act.-1 864.

PART	11.	execution of m y such ord	r removing any such person as afore-
said to any asylum for su	riod not exceeding fourteen days as
he or they may deem	nd in the meantime may give such

""-4 directions or make such of such person as he	merits for the proper care and control
hall consider necessary: Provided

also, that nothing hcrei

ed shall be construed to extend to

restiain or prev&t any	on or friend fi-om retainirg or taking
such lunatic under his	carc, if such relation or friend shall
satisfy the Justice or	ices before vr7hom such lunatic shall
be brought, or the visito	the asyluln in which such lunatic is
or is intended to be pla	at such lunatic will be properly taken
care of.

NO

pauper to be

14. No pauper shall bc

ived into any B S Y ~ U ~

(save under the

received into nsylum

a certain

p1*0visions herein contain

without an order according to the

order and certificate. fbrm required in the said

ule A, No. 1, undcr the hand of one

Justice, together with suc	ment of particulars as is contained in
the same Schedule, nor w	t medical certificate according tc, the
form in the said Schedul	ed by one Medical Practitioner, who
shall have personally ex	irn previously to his reception,

NO person not a

15. No person, not a pauper, shall be received into any asyluni

pauper shall he re-

i n	(save under the provisions herein contained), without an order under

~ ~ ~ h; ; ~; ; ~ ~ ~

order the hand of some person, according to the form in Schedule l3 to this Act. tonether with such statement of particulars as is contained in, U

the same Schedule, nor n-ithoot the mehical certificate, according to
the form; and containing the particulars required in Schedule C: to this Act, of two Medical Practitioners, neither of whom sha.11 be in partrm-ship with, or an assistant to the other, and each of whom shall, separately from the other, have perstmdly examined the person to whom it relates, not more than seven clear clays pyevionsly to the reception of such person into such asylum, and such order as afore- said may be signed before or after the medical certificates or either of them: Provided always, that any person may, undcr special cikumstances preventing the examination of such person by two

Medical Practitioners as aforesaid, be received into any asylum upon the certificate of one Medical Practitioner alone, if thc statement	accompanying such order set forth the special circumstaiices which
prevented the examination of such person by two Medical Practi- tioners; but in every such case two other such certificates shall, within three clear days after the reception of such patient into such astlum, be signed by two other Medical Practitioners not in
with or an assistant to the other, or the Medical Practi- tioner who signed the certificate on which the patient was received, and who shall within such time, separately froin the othel of them, have personally examined the person so received as a lunatic,

Medical certificate t o

specify facta upon

16, Every Medical Practitioner signing any certificate under or

opinionof

for the purposes of this Act, shall specify therein the facts upon

insanity has been

which he has formed his opinion that the person to whom such cer-

tificate relates is a lunatic, an idiot, or a person of unsound mind,

distinguishing

27" Rz 28VVICTORIJ3, No. 21.

distinguishing in such certificate facts observed by himself from facts	PART	rx.
communicated to him by others; and no person shall be received into any asylum under any certificak which purports to bc founded

on facts coinn~unicated

by others.

e-S;C;,S-

17. T17here any person has been found lunatic by i n q s t or Order for reception of

-33: Pm--

other proceediiig in the Supreme Court, an order signed by the byinqusifion.	patient found lunatic
committee appointed by the said Court, and having thcrcto annexed
an office copy of thc order appoiiiting such committee, shall be
sufficient authority for the rcccption of such person into any asylum without any further order or m y such ~ncdical certificates as herein- before mentioned.

18. The Res id~nt Medical Officer sliall, within two clays after Residcnt Medicnl

Officer to make ccr-

the admission of any person into the asylum, make an entry with ,,;,

ad-

respect to snch patient in a book to be kept for that purpose, to m i s s i v o r discharge

be called	Thc Book of Adraissioas," according to thc form, and of patieots.
containing	the particulars r e q r r i ~ d in Schedule D, No. l, to this
Act, so f't&	as he can ascertaiu-the same, exccpt as to the discharge

or dcath of snch patient, n ~ ~ d the dates of cxatnination by suEh Residcnt RZcldical Officer, or by the Eoarci of Inquiry, which shall be made when the same sli;dl ltappc.11, or m i t l h two days thereafter; and in case of removal, such Resident Medical Officer shall further make entry in snch book, by wliom s i~ch patient was removed, and in what state of mind such patient shall have beell removed.

1% Thc Resident i\lcilic.al Officer shall, once in every W-cck,

cntcr Resident Medical

Ofticcr to kcep books,

in a book to bc kept for that purpose, to be called

The h1edical to be called The

Journal," n statement according to the form in the Sd~eriule

D, xo. M

edical Journal,"

and

" The Case Book."
2, showing the number of 11mients of each sex then io such asylnm,
the christian and surname of every patient, (not being confincd i11 such asylum as criminal or dangerous) who is or has been under restraint or in seclusion since the last entry, and when aiid for what period and yeasons; and in case of rcstmmt, by nha t ~neaizs; and

the christian and surname of cvcry paticrit undcs medical trcatiiient,

and for what, if my, bodily

disoklcr; and every death, i i ~ j

jury, or

violence. which shall have happeneil to or L I ~ ~ C C ~ E ~ any patient since the then last preceding elltry, and distinguishing in such " 3ledical Journal," one class o'f' patients horn another, by afiixing to the name of each pauper patient entered therein, the letter P, to the name of each dangerous or critniid lunatic entered therein the letters L) or C as thc case may require; ancl such Resident Medical Officer shall also enter in a book, to be called c c Thc Case Book," as soon as may bc after the aclrnissioi~ of any patient, the mcntal and bodily condition of such patient at the time of his admission, and also the history, from time to time, of his case while he ~ 1 ~ ~ 1 1 continue in the asylum.

20. I n case of the death of n p

r patient in any asylum, a statement of pauper

patients dying to be

statement of the cause of the death	h patient shall be drawn up tranumittcd to the
and signcd by the Rcsident Medic	cer of such asylum, and a

copy thereof, duly certified by him

be by him transmitted to

the

27" & 28" VICTORIB, No. 21.

Lunatics Act.-1 864.

PART	~ r. the Chief Secretary, within t o clear days of the death of such

patient.
' k ' ( ~ 1; , ~

sitors to visit at

21. Every such asylum sh

be visited once every week at least

* .tS*&t Once

.li.

and to institute	,by 5ommne or more of the	ors, who shall inquire what occu-
tain inquiries.	nation or amusements are ~nr	il for the uatients, and the result
;hereof; and whether thek	been adop'ted an; system of non-
coercion, and if so, the result	eof; and also as to the classification
of patients, and the conditio	the pauper patients, if any; and
shall .also make such other	iries as to such visitors shall seem
cxpdicnt.

B O O ~ S, certificates, visitors at every visit. by thc Rcsitlent Rlcdical Officer, the several books By this Act re-

22. Upon every visit of the visitors, there shall be laid before then1 quired to be kept; and also all orders and certifieatcs rclating to patients admitted sii~ce the 1: ~ t visitation of the visitor; and also all such other orders, certificates, documents, and papers, relating to any of the patients at any time rcceivcd into such asylum as the visitors shall from time to time require to be produced to them; and the visitors shall sign the said books as having been produced to them.

&C.,	to be laid before

Book to be kept callcd

'' Visitors' Rook," in	23. There shall be hnn	n some conspicuous part of every
in which to be entered

result of inquiries.

asylum a plan thereof;

e shall be kept in every asylum a

copy of this Act, bouixl

book to bc called

The Visitors'

I -. i

Book," and the visitors

the time of their respective visita-

v‘.~-~r&

,#*;

' 4

tions, enter therein the

he inspections and inquiries herein-

J	r	before directed or au	o be made by them, with such
observations, if any,	all think proper; and also such

observations as the j m	respecting the state of mind or
body of any patient	ium; and the said visitor shall

transmit a copy of th	to be inadc, and of thc 'c 73001~
of Admissions," at 1	every three calendar months, to
the Chief Secretary.

Within forty-eight	24.	Within forty-eight hours after any person is admitted into any
hours o f admission of

patient, examination	asylum under the foregoing provisions, the Resident 5Iedical Officer,
to be made by
Resident Medical	ancl the officer ncxt in authority to him, shall cxaminc such person,
officer, and officer	and unless they shall be fully satisfied that such person is a lunatic,

next i"llthOrit~j

who or of unsoundw mind, the ~e'sident Medical officer shall convene a

if not fully satisfied of
insanity, to callmeet- meeting of the Board of Inquiry, and such Board shall hold an
ing of Board of

Inquiry.

inquiry into the state of mind of such person.

Board to take evidence	25.	Such meeting shall be held not later than three days after the
and to make such

or&r as to discharge examination SO to be held by the Resident Medical Officer, and
of patient other- officer next in authority, as aforesaid, and the Board may take such
wise as to them may

seem fit.

evidence upon oath or affirmation (which oath or affirmation the Chairman for the time being of such Board is hereby authorized to administer), as to them mayseem advisable, and if, upon due inquiry, such Board shall be of opinion that there is no sufficient proof of the insanity of thc pcrson on whom such inquiry shall be held, they shall

(

forthwith order the immediate release of such person, and he shall

be forthvith released accordingly.

26. At

27" & 2E1° VICTORIB, No. 21.

239

Lmzntics Act -1864.

26, At the meetings of such Board of Inquiry the Colonial Surgeon or the Rcsidcnt Medical Officer, and t~1~o

PART 11.

of the visitors, Quorum of Board.
shall form n quorum, and may do and perform all the matters and things by this Act authorized to be done and performed by such Board.
27. If at the time appointed for m y meeting of the Board of J fee t iw may be

Inquiry a quorum be not present, the members present may	adjourned.
adjourn the meeting to some snbsquent day not later than two days from the day originally appointed; and in case the inquiry cannot be conveniently colicludcd in one day, thc meeting may be adjourned from time to time as to such Board may seem expedient.

28. If at any meeting of such Board, thc Colonial Surgeon be not :iC;lo"$s";~;;;;~~

present, the Resident i\ledical Officer shall preside thereat.	Medical Officer to be
Chairman.

29. The chairman of such Board of Inquiry, may by summons Chairmanof Board

may issue summona

under his hand, which snrnmons may Fe iu the fbrm in the Schedule r or attendance of
E to this Act, require any person to appear before such Board, at the witnesses.
time and place nained in such summons, to tcstify the truth touching any matters untler inquiry by such Board, or relating to the execution
of the powers given by this Act; and every person who shall not ap-
pear before the said Board pursuant to such summons, without assign- ing some reasonable excuse for n o t allpcaring, or appearing shall refuse to be sworn or examined, shall on conviction for every such neglect or refusal, forfeit and pay a penalty not exceeding Fifty Pounds nor less than Ten Pounds.

30. Any visitor or any Justice may, at any hour of the day or Vkitora andJustices

may enter and in-

night, enter and inspect any asylum, an& the patients co~ifiiled

there- spect

in: Provided that, if in thc opinion of the Resident Medical Officer, the inspection of any such patient, by any Justice, may be likely to prove injurious to such patient, the said Resident Medical Officer may refuse to allow such inspection by such Justice; and in case of such rcfuaal, an entry giving the reasons of such rcfusal shall be

forthwith made in the Visitors' Book, and signed by the Medical

Ofiicer so refusing.

3 1. Any three of the visitors of any asylum, may by writing under Qisitorg may order

diecharge of patients,

their hands, ordcr thc dischargc of any person detained in such or allow themeo be
asylum, under any of the foregoing provisions, whcther such person absent on trial.
be recovered or not; and anv two of the visitors, with the advice
in writing of the Resident h i e d i d Officer of such asylum, may
discharge any person detained therein as aforesaid, or permit any
such person to be absent from the asylum upon trial for such
period as such visitors think fit; and in case any person so allowed
to be absent on trial for any period, do not return at the cxpiration
of such period, and a medical certificate as to his state of mind,
certifying that his detention in any asylum is no longer necessary,
be not sent to the visitors, he may at any time within fourteen days
after the expiration of such pexiod be retaken, as herein provided in
the case of an escape.
32, Oa
3Y
27" & 28" VICTORIB, No. 21.
Lunatics Act.-1 864.

PART

11.

32, On a~alication

beiner made to the visitors of anv asylum bv

Visitoramay discharge any relativeor friend of a pauper lunatic confined therein, recpirini
pauper patient, on

undertaking of	that he may be delivered over to the custody and care of such rela-
tive or friend that, he	tive or friend, any two of the visitors aforesaid may, if they think
shall be properly cared
for.	fit, and upon the undertaking. in writing, of such relative or friend, to the sat'lsfaction of such vidtors, that Gch lunatic shall be properly taken care of, and shall be prevented from doing injury to himself and others, discharge such lunatic.
Person who aigned
order for the reception	33. If any person who signed the order on which any patient (not being a pauper) was received into any asylum shall, by writing under his hand, direct that such patient be discharged or removed, then and
of a private patient

may

charge or removal.

his dis-

in such case, such patient shall forthwith be discharged or removed,

as the persoh who ;signed

the order for his receptionYsd1 dircct.

Proviaion wbre the

person who signed the

32. If the person who signed the order on which any patient (not

order

receptionis beiug a pauper) was received into any asylum be dead, or be inca.

dead, or incapable of	gable by reason of insanity, absence from the said Province, or other-
acting.
wise, of giving an order for the discharge or removal of such natient. then th<husbVand or wife, or (if there bue no husband or wife, b r the);
be incapable as aforesaid) the father, or (if there be no father, or he be incapable as aforesaid) the mother of such patient, or (if there be
no mother, or she be incapable as aforesaid) then ally one of the nearest of kin for the time being of such patient may, by writing under his or her hand, give such direction as aforesaid, for the dis- charge or removal of such patient; and, thereupon, such patient shall be removed or discharged accordingly.

Patient not to be dis-

35. No patient shall be discharged under either of the two last

charged,when

certified

to be dangerous,

foregoing provisions if the Resident Medica'l Officer of the asylum in

witl~outcousentuf

visit m.

which such patient is, certify in writing, under his hand, that, in his opinion, such patient is dangerous, and unfit to be at large, together with the grounds on which such opinion is founded: Provided always, thit if two of the visitors of such asylum shall, after such

writing, to such patient being discharged, he may be discharged

certificate hall have been produced to them, give their consent, in

accordingly.

order8 aria medical

36. If after the reception of any lunatic into any asylum it appear that the order or medical certificate, or (if more than onc) both or either of the medical certificates up& &ch he was recehd, is or are in any respect incorrect or defective, such order and m'edical certificate or certificates may be amended by the person or persons signing the same at any time within fourteen days next after the reception of such lunatic: Provided, nevertheless, that no such amendment shall have any force or effect unless the same shall receive the sanction of one or more of the visitors.

certificates may

aaended.

Provision m to h-

37. Wheu any medical certificate upon which a patient has been

feotive certificates.	received into any asylum, or either of such certificates is deemed by
the visitors incorrect or defective, and the same is or are not duly

amended
27" & 2 6 VICTORIA$ No. 21,

Lunatics

Act.71864.

amended to their satisfaction, within fourteen days nest after the

PART

11.

reception of such patient, the visitors, or any two of them, may

forthwith order the discharge of such patient.

38. If any two householders shall make application to any Justice, supported by affidavit, that they believe any pcrson confined in ,,,

On application of two householders, Justice

Resident

any asylum to bc sane, and that no inquiry has been held by the Medical Officer to

summon Board of

Board of Inquiry into the sanity of such person for a period of Inpi,.

three months

~ r e c e d i n ~

the date of such a~ulication.

such Justice

shall make a; ordervdirecting thc ~es idg tk ~h~edi&d Officer t o call a meeting of the Board of Inquiry for the purpose of holding an examination of such person; and such Resident Medical Officer
shall forthwith convene a meeting of such Board, who shall inquire
into the state of mind of such person so alleged to be sane, and shall take the evidence of such persons as may be tendered for that purpose; and shall thereupon make such order for the dis- char& of such person, or othcrwkc, as to ilmn shall seem fit.

)ra/*cd

t h 3

PART

111.-Dangerous and ~rirkinal

Lunatics:

39. If any person shall be discovered and apprehrnrled under cir- h s t i ~ ~. ~ ~ c @ m m i t

dangerous lunatics.

cumstances dcnoting a derangement of mind and a purpose of com- mitting suicide, or some crime, for which, if committed, such person would be liable to be indicted, any two Justices bcforc whom such person may be brought may call to their assistance any Medical Practitioner; and if, upon view and examination of the said person so apprehcndcd, and upon proof: on oath, by t,he said Medical Practitioner to the effect that, in his opinion, such person is a dan- gerous lunatic, or a dangero~~s idiot, or (in case such mcdical assist- ance cannot be obtained) on any other proof, the said Jl~stices shall be satisfied that such person is a daugerous lunatic, or a dangerous idiot, then they may, by an order under their I~sncis according to the form in the Schedule A, No. 2, to this Act, commit such person to some asglum, there to be kept in strict custody until such person shall be

discharged as hereafter provided: person, while so detained in wch asylum, shall have the liberty and Provided al~vay S, that e e v q such

privilege of seeing his friends and legal advisers at all rcwonable times.

40. The particulars contained in the statement annexed to the Particdars

tered in BOO^

to be

of A&

en-

order of committal shall be forthwith, after the reception of the person ,is,io,, ,* Dangerous
U
therein named into any asylum, entered in a boolr to be called The andCriminalLunaticsl shall be kept by the Resident Medical Officer of every asylum, and
in which shall be entercd, from time and time, the dates of the ad-
mission, death, discharge, or otherwise of every such person; and
which boolr shall be produced to the visitors at every visitation.

41. The Resident Medical Officer, or any two of the visitors of any TWO visitors on medi-

cal certificate may

asylum, of whom the Colonial Surgeon shall be one, on the receipt of a

,ischarge of

fined therein as a dangerous lunatic, is no longer a danangeroua lunatic dangerous lunatic.

certificate signed by two Medical Przlctitiancrs, that any person con- person committed as

and

27" & 28O VICTORI2f3, No. 21,

Lunatics Act.-1864.

PAXT

1x1.

and may be suffered to go at large with safety, such certificate setting forth that such person has been personally examined by the Medical Practitioners signing the same, may order such person to be forthwith discharged.

dangerous lunatic on 42. The provisioils hereinbefore contained in Part 11. of this Act,	Powerta d i s c l w ~
unde*&ingoffriena, in reference to the discharge of luimtics on the undcrtnking of
and powers of B w d friends or relatives for their safe custody, and the proceedings to of Inquiry.

obtain an ordcr of Justices for an examination by the Board of In- quiry, and the povers of such Board to order the discharge of any person confincd in such asyl~~m, shall extend and apply to persons confined in any such asylum as dangerous lunatics.
Chief Secretary may

order criminallunatics	48. If any person scntcnced and ordered to be kept i n any gaol the Governor and Xxecutivc Council to be insane, or to be unfit from imbccility of mind for penal discipline, t.he Chief Secretary may,
to be convoyed to	or prison in the said Province, shall be sho\<n to the satisfaction of
asylum.
by warrant under his hand, direct such person to be conveyed to and
kept in any asylum; and thereupon such person shall be removed accordingly, and with him shall bc transmitted a certificate in the form in the Schedule A No. 3 hereto, cluly filled up and authenticated; and the contents of every such certificatc sball be transcribed into
"The Book of Admissions of Dangerous and Criminal Lunatics"
before-mentioned.
Chief Secretary may

direct insane persons

44. If it shall be ccrtificd to the satisfaction of the Governor and

m, ,,,,

Executive Conncil, by two Medical Practitioners, that any person

to be rcmnred to a

lunatic asylum.

committed to prison for trial for any offence, is in sane, or is an idiot, the Chief Secretary may, by warrant under his hand, order that such person shall be remslved to such asylum as he shall appoint, unless h the mean time admitted t o bail by some legal a ~ t h o & ~, until the Sessions, or Commission at which such person should be brought to trial, or indicted according to the due course of law, md that such

shall then be reGitted to the custody of the lreeper or go-

vernor of the gaol, or other person in whose custody such person may

have been, under the terms of the origiiinl committal, in order to his

being indicted and tried for such offince, or otherwise disposed of

according to law: Provided always. that every such person, while so detttined m such asylum, shall have the same liberty and privilege of seeing his friends and legal advisers, at all reasonable tiincs, which

he would have had in the $a01 or othcr prison, from vhich he may

have becn removed.

chief Secretnry may	45, The Chief Secretary rimy, by war~allt	under his hand, direct
order removal o f a

that any person confined in an asylum shall be r~rnoved

to any othcr

lunatic from one

Aa~lom

to a n o t ~ ~ r. asylum, and such person shall thcicupon

bc received into such asylum

and there detained, subject to the provisions of this Act.

J ~ ~ u i t t i n g

IW-

aons of offences on 46. I n all cases whcre i t shall be 'given in evidence, upon the
the ~mundofinsanity, trial of any person charged with any treason, murder, felony, or mis-
demeanor, that such person was insane at the time of the commission
of

of such offence, and such person shall be acquitted, t lx jury shall he

PART

111.

required to find specially whether such person was insane at the to dcclnrc whether person was acquitted by them on account of such insanity, and if thereof. time of tllc conlmi&on of such offcnce, anil to declare whether such &'~~~~*,~,""~~-
ihey shall so grid, the court before wlmn such trial shdi be had, shall order such person to be kept in strict custody in some asylum, ancl in such manncr as to the Court shall seem fit, until thc Go- vernor's pleasure shall bc known, and thereupon the Governor may
~ i v e such order for the safe custody of such person, during his pleasnre,
s
m such place and in such manner as to thc Governor shall seem fit

47.

When by reason of the expiration of his term of imprisonment, m e n sentence ex-

pires, if patient still

or otherwise, any criminal lunatic would, if duly certified to insme, he msv be

be of sound m i d, be entitled to his clischa~ge, the Governor, transfarredtob~rt ion

of asylum set apart

with the advice of the Executive Council, up011 a certificate by for lunatics not being
two Medical Practitioners that such person continues to be of criminals.
unsound mind, may by warrant under his hand order that such person
be removed to the portion of such mylum sct apart for persons
not criminals, there to be subjected to the same care and treatment,
and to be liealt with in all respects as lunatics not being criminals.

48. The Governor, with the advice of the Executive Council, may, Governor may grant

leave of absence on

by warrant under his hand, permit any person so confined in any condition.
snch asylum as a daiigerous or criminal lunatic to be absent there-
from upon trial for such period and upon such conditions as he may
think fit; and if such person do not return within such period, or if
any of such conditions Be broken, such person, if thereafter re-
maining absent, may be retaken and dealt with as hereinafter pre-

scribed in case of an escape.

49. In case of the escape

y person confined in any asylum,

whether ctangerous, criminal,

erwise, he may be retaken at any

time by the Resident Medical

: or any officer or servant belong-

ing to such asylum, or any pe

isting any such Resident Medical

Officer, officer, or servant in

behalf, or any other person autho-

rized in this behalf, by the C

tary, or Resident Medical Officer,

and shall be conveyed to

and retained in such asylum.

I

PART

IT.--Care 50. Whenever any person shall he lunatic, or of

and management of property and estates of lunatics.

ART IV.

unsound wind, ~ u n a t i c ' s

property

o as tn bo incanable of managing his affairs, and shall be so found ~ l ~ < ~ & " ~ f, d k o ~ ~ ~ ~ t s,	i
ky the Supreme ~ o i r t, or any Judge thereof, e E by inspection or maintenwoe,	upon inquiry before a jury or otherwise, and it shall appear to theph7c+{///b
said Court or m y Judge thereof to be just and reasonable, or for - +8r4e~+
thc lunatic's benefit, such Court or Judge may order that any estate

or interest of the lunatic in land or-

either in p o s s e s s i o n, b 6

reversion, remainder, contingency, or espect#ncy, be sold or charged by way of mortgage, or otherwise disposed of, as may to such Court or Judgc seem most expedient, for the purpose of raising moocyf-	I C
to be applied, and A such Court or Judge may accordingly order that-

P

) I t

244

27" & 28" VICTORIB, mo. 21.

P a s ~	W.	the money when raised, be applied for or towards all or any of	the
purposes following :-

r. Thc payment of the lunatic's debts or engagements:
rr. The discharge of any encumbrance on his cstates:
1x1. Thc payment of any debt or'espenditure incurred or nmde after inquisition, or authorized by such Court or Judge to be incurred or made for the lunatic's maintenance or other- wise for his benefit:

m, The payment of or provision for the expenses of his future

main tcnance

v, The payment of the costs of applying for, obtaining, and ex-

ecuting the inquiry, and of' opposing the same:

vx. The payment of the costs of any proceeding under ur con- sequent on the inquisition, or incurred under ordrr of such Court or Judge:

I l

VXI. Thc payment of the costs of any such sale,'n~ortg;zgc,

charge,

or other disposition as is hcreby authorized to be made:

I. t

& m

7 ~ 4

And the coinmittec of the estate niny and shall in the name and on

* 7,

behalf of the lunatic, execute, make, and do all such con~~eyances,

deeds, transfers, and things relatirc to any such sale, mortgage,

1 '7

chargc, or other clisposition as aforesaid, and for effectuating t h s

present provision as such COUP

t or Judge shall orcler.

future maintenance 51. I n case of a charge or mortgage being nmde under this Act

Modes in which

.	m a y b e &arged when UPOII an interest in contingei~cy, or in reversion, remainder, or

interest in pas- expectancy, for the expenscs of future maintenance, the Court or
Judge may direct the same to be payable and paid, cithcv contin- gently, if the interest charged bc a coiitingcnt one, or upon the happening of the event, if the interest be depending on an event which must happen, and either in a gross sum or in annual or othcr

t	periodical sums, and at such times, in such manncr, and cithcr with
I	or without interest, as shall be deemed expedient; and any charge

already made which would have been valid if made after this -4ct
shall be and is hereby declared to be valid.

*	I
I 'i

Expensesofjmprove-

52. Vherc it appears

he Court or a Judge to be for the

ments may be charged

on estate,

lunatic's benefit, such CO

r Judge may order that the whole or

any part of any moneys e

ed or to be expended under any order

fc(

for the permanent iinpro

, security, or advantage of the land of

the lunatic, or of any par

meof, shall, with interest, be a

1	C %	charge upon and be rai	of the hmatic's estate and interest
I
a I	in the land, or such par	t thereof as aforesaid, but so that
no right of sale or fore	ng the lifetime of the lunatic, be
given or acquired	ue of the charge; and the interest
shall be kept down du	atic's lifetimc out of the income of
his general estate as	c shall be sufiicient to bear i t;

and the committee	the name and on behalf of t,he
lunatic, execute, a	nveyances and tlrings for effec-

tuating

$ v,

C h,

5 Ir

J * *

27O & 22' VICTORIB, No. 21.

Lunatics

A c t. 1 8 6 4.

tuating this prcsent provision	e Court or a Judge shall order,	PART	IY
and such charge may be madc	r to somc person advancing the

money, or if the money is paid	f the lunatic's property, to some	I
person as a trustee for him, as	f his personal estate.

of m o v a to

53. On any moneys being raised by sale, charge, or other dispo- sition of land, made in pursuance of any of the foregoing provisions, ,the ,tat..

be of the Flame nature

thc person whose estate is sold, mortgaged, charged, or o t h e r w i s e 4	-.-.
disposed of, and his heirs, next of kin, devisees, legatees, executors, administrators, m d ssdgns, shall have such and the like interest in

the s~~rplus moneys remaining after thc purposes for which the

inoiieys have been raised shall have been answered, as he or they 4 6: L$- c

(,-As

@77)

would have had in the estate if no sale, mortcraae, or other disnosition

" V '

thereof had been made; and the s n r p h moneys s!lall be of &c samo character and nature as the estate sold, mortgaged, charged, or other- wise disposed of; and thc Court or a Jndge may make orclers and direct such conveyances, dccds, and things to be executed and done [which may and shall accordingly be csecutcd and donc), as may be necessary for the effectuating this present provision, and for thc due

application of the surplus moneys.

54. TFThere

it is madc to appear to the / Q V

onrt or a Judge

net amount, or nct estimated valnc of the property of a lunatic, does may apply same

directly for lunatic's

not exceed the sum of Fire Hundred Pounds sterling and it ,aiocosooe,	I
appears, having regard to the situation and condition in life of the grant, &c.

lunatic and his family, and the other circumstances of the case, to b&;(f

6 C $49 6

expedient that the a~nount

or value of his property should be madc

available for his maintenance in a direct and inesnensive manner. -34

w5-603

and that the same can be safely and propcrly clone, such Court or Judge may, instcad of proceeding to ordcr a grant of the custody of the estate, order or allow that the amount A of the - popcrty, if in

i n o n ~ o c k,

or if of

the l ~ r ~ d ~ ~ ~

thereof,

F&&

realized, be paid or

of the lun'atic,

or s u c h o r person as such Court or Judge may think proper to

intrust with the application thercof, to be by him applied in or to-

wards the maintenance of the lunatic, eithcr at his discretion or in such munncr and subject to such control as snch Court or Judge may direct; and for the purpose of giving effect to any such ordcr, such

Court or Judge may order any real estate, or ather* property of the

__1.

lunatic, to be sold, and a valid cmiveyance or trarisfer thereof to be

executed or made by such person, as he shall direct.

55. Where it appears to the

or Judge, upon a report of the Where lh

porary, Court or

ten\-

l *

)

Master of the said Court, that

reason to believe that the un- judge may

cash

soundness of

mind of

any lun

f o ~ n d

by inq~dsition

is in its arising frOdiin~Ome

for temporary main-

nature temporary, and will pr	c soon removcd, and that it is
expedient that temporary pro	ould be made for the mainte-

nance of the lunatic, or of t	and the members of his irn-	Jd	,,
mediate family who are ilep	n him for maintenance, and	l
t,hat any sum of money arisi	eing in the nature of income,
or of ready money bclongi	atic, and standing to his ac-	t

cou11t

I ' /

2T0 & 28" VICTORIX, No. 21.

PART IT.

count with a banker or age

r being in the hands of any person

for his use, is readily avai	and may bc safely and properly
applied in that behalf, the C	r a Judge may allow thereout such
amount as may be thought	for the temporary maintenance of

the lunatic, or of the luna	the =embers of his immediate
family who are dependent	im for maintenance; and may,
instead of proceeding to or	nt cf the custody of the estates,

order or give lib,p~f,y

for th

t of any such sums of money as

aforesaid, or any part ther

person "LSSUC~I

Court OS Judge

.	may, under the circurnst	case, think proper to intrust
with the application ther	direct the same to be paid to
such person accordingly,	eived to be applied, and the
same shall accordingly	or towards such temporary
main tenancc as aforesaid	pts in writing of' the person

nanred in the order to 17-	to bc mndc, for any moneys
payable to him by virt	11 cffcctually discharge the
banker, agent, or other	the same, from the moneys
therein respectively exp	ived, ancl they respectively
are hereby directed to a	every such order; and the
person so receiving an	c of this present provision
shall pass an account	r of the said Court when
required.

Committee may	56.	Where a person having contracted to sell, mortgage, let, divide,
convey land in Der-

f o ~ ~ ~ ~ c o f ~ o ~ t ~ a c t a.

exchange, or otherwise dispose of any land, afterwards becomes

lunatic, and the contract isnot disputed, and is such as the Colart or a Judge ihinks ought to have been performed, or a specific per- formance of thc contract, either wholly or so far as the same remain

4.0 be performed, has bccn clccrccd or ordered bp the Court in its

Equitable Jurisdiction, cithev before or after the lunacy, the committee of the estate may, in the name and on behalf of the lunatic, under an order of the court or a Judge, on thE application of the party claiming the benefit of the contract with the lunatic, or any plaintiff

payable to the Zunatic, or so much thereof as remains unpaid, and

in the suit, receive and give an effectual discharge for the money

make such conveyance of thc land to such pcrson and in such manner

as the Court or a Judgc may order.

c0~2.t Judge rnw.

dissolve partnerehip,

57. TITbere a person being a member of a copartnership firm

and committee may

becomes lunatic, the Court or a Judge may, by order on thc applica-

convey partnerehip

tion of thc partner or partners of the lunatic. or of such other uerson

or persons 'as such Cburt or Judge shall think entitled to &pire

the same, dissolve the a r i and thereupon or upon a disro-

lntion of the partnership by decree of the Court in Bquity or other-

& / @ 9

wise by due course of law, the Committee of Estate, in t.he name

3.g- (a3

and on behalf of the lunatic, may join and concur with such pcrson

or persons in disposing of the partnership property, as well real as personal, to such pcrsons, upon such terms and in such manner, and may and shall execute and do such conveyances and things for

:id

cfE'ectuating this present provision, and apply the moneys payable to

the lunatic in respect of his share and interest in the CO-partnership

in such maimer as the Court or a Judge shall order.

58. where

27" & 28" VICTORIX, No. 21.

247

Lunatics Act.-1 864.

58. Where a lunatic is seized of o

ed to an undivided share

PART

IV.

of land, and it appears to the Court	for his benefit,	may
and to be expedient that a sale o
partition of the land should be m

of, or entitled to land, and it appe

ourt or a Judge to be

for his benefit, and to be expe

exchange thereof, or

of part thereof for other land sho

the committee of the

estate, in the name and on be

natic, under an order

from the Court or a Judge, m

such other person in

making such sale or ' partition

such exchange and

receive such moneys payable

give or receive such

moneys for equality of partitio

otherwise in relation

thereto, as the order may dir

eys received by the

cornmittcc of the estate up

tion, or exchange as

aforesaid, shall be applied

manner directed in

scction 72 of this Act, rep

rerniums, and sums

of money therein mention

held and assured (as near1

trusts, and subject to the	1.
upon, and subject to whic the committee of the estat of the lunatic, execute, a effectuating this present order.	l

59. Where a lunatic is seized or entitled to land in fee simple, Committeemay $ell

land for building pur-

and it appears to the Court or a Judge to be for his benefit that the

same o r -any part thereof be matle~available

fir building purposes,@

and that to that end the same should, in lieu of being demised foi	l
long terms of years, be absolutely sold, h e may order tGe same to be bold accordingly, to such person, in such quantities, upon such terms, and in such manner as to him may seem expedient., and thc moneys arising thereby shall be applied and disposed of in manner directed in section 72 of this Act respecting the surplus moneys
in the name and on behalf of the lunatic, execute and-do all such	therein mentioned; and thc committee of the estate may and shall,
conveyances and things for effectuating this present provision as the Court or a Judge shall osdcr.

60, Where a lunatic is entitled to a lease for a life or lives, or for Committeo'ma~

surrender lease, and

a term of years, either absolute or determinable on a death, or other-	reneval.
wise, thc comrnittce of his estate may, in his namc and on his behalf, under an order of the Court or a Judge, by deed surrender the lease, and in the name, and on behalf, and for the benefit of the lunatic, acccpt a new lease of the premises comprised in the lease

..
surrendered, for such number of livcs, or for such tcrrn of years,

either absolute or determinable, as aforesaid, as was mentioned or

@ V+

contained in the lease surrendered at the making thereof, or other-

wise as the Court or a Judge shall ordcr.

61. Every sum of money and other :consideration paid by a corn- F:zrg:i

",":g;:

mitte
248 27" & 2 8 O VVJCTORIB, No. 21.

Lunatics Act -1864.

PART IT.	mittee or other person, in the nature of or as a fine, premium, or income on renewal, and all reasonable charges incident thereto, may
be paid out of the lunatic's cstate, or may be a charge upon the
leasehold premises, as the Court or a Judge shall order.

~ h h a s c s

t o b b ''

the same uses. '

62, Every lease renewed shall operate and be to the same uses, and be liable to the same trusts, charges, incumbrctnces, dispositions, devises, and conditions as the lease surrendered was subject to, or would have been subject to if thc surrender had not bccn made.

C o m n l ~ t t c e n ~ n s s i ~ n 63.

business premises,

Whew s lunatic has been engagccl in a trade or business, and

it appear to the Court or a Judge to be for the benefit of the lunatic, or his estatc, that the business premises should be disposed of, the committee of the estate may, in the name and on behalf of the lunatic, under order of the Court or a- Judge, make such conveyance of the messuages, buildings! or hereditaments of or belonging to the trade or business, or used in connection therewith, according to the lunatic's estate or intcrest in the same, to s ~ c h person, and shall apply the moneys arising thcrcby in such manner as the Court or a Judge shall order.
Committee may dis-

006 ~f undcsil able	64. VThere a lumtic is entitled to a lease for a life or lives, OS for wise, or to an under-lease, of whatsoever nature, and it appears 'to
fam.	a term of years, either absolute or dctcrininable on a death, or other-
the Conrt or a Judge to be desirable, and for the benefit of thc
lunatic or his estate that the lease or under-lease should be disposecl of, the cornmittce of the estatc may, in the name arid on behalf of the lunatic, m~rler order of the Court or a Judge, s~zrrcnder, assign,

or otherwise dispose of the lease or uncler-lease to such pcrsoii, for

such ~aluable,

or non~inal,

or other consiclcmtion, upon such terms,

by such conveyances, and in such niamer, and sh:~ll apply the liioncgs (it any) arising tllcrcby in snch manner ss the Conrt or a Jltdge shall order.

Comulittcc n l n ~

n!altc

G5. The conunit tee of the

of a, lunatic may, with the

ngreement undcr l

G. lv., C. 10.	approbation of the Court or	e, signified by order on the
application of the committee,	ilto any ag?eement for or on
behalf of the lunatic which tt	ian of an ~nfitnt might have
entered into for or on belial	ilzhnt, by virtue of the Act

,'"J

passd in the Session of Yarliz

holden in thc first year of t l ~ c

rcign of King George the First,

ter ten, if so inuch as that Act

as related to agrcements of

r or on behalf of i~lfi~nts

iclio ts

uxdcr their guardians

been r ~ p i l e d

by the Act

passed in the Session of Fa	en in the first ycar of the
reign of King MTilliam the	r sixty-five, sectioil twenty-
f i~e.

Srr	Conullittw may make	eij. TlTherc a lunatic is seised o	entitled to land in fee or in tail,
-%	building and othcr

Icasca sol?jnot to such OS to leasehold land for an absolu	interest, and it appears to the
covenants Court o1

a Jurlge shall order.

Court or a Judge to be for his b nefit that a lease or underlease

should be made thereof fox ter f S of years, for encouraging the

erections

27" Sr. 28" VICTORIAE, No. 21,

Lltnntics

A c t. 1 8 6 4.

erections of building thcreon, or

repairing buildings actually

being thereon, or otherwise irnpro

the same, or for farming or

other purposes, the committee of tl

tnte may, in the name and on

behalf of the lunatic, under order

he Court or a Judge, make

such leasc of thc land or any part

of accordi~ig

to the l~ulatic's

estate and interest thcrcin, ancl th

urc and tcnurt: thereof, for

snch term or t e r m of years, and s

to such scuts and covenants

as the Comt or s

~ u d &

shall ord

67. Where a lunatic is seisecl or possessed of or entitled to land in fee or in tail, and it appear to the Court or a Judge to be for his

Committee may

nlakc

l e a s ~ s

of mines

already opened.

brnefit that any niini. or qnarry alrrady opcncd in, upon, or ruder thc land sliould be worlrcrl, tht. comrnittre of thc cstatc may, in the name ancl on b c l ~ l f of tllc lunatic lmrlcr ordcr of thc: Court or a Judge, makc such leasc of the mines, quarries, inincrals, stolics, and substances in, or upon, or under the land, cithcr with or without any land con~enicnt to Isc hcld t he r~wi th~ and with or without the surface, to sucli person, for such term or terms of years, and sthjcct to such rents, royalties, ruscrvatiorrs, covenants, and agreements, allcl in such manner allcl form as the Conrt or a J-udge shall orcler.

Committee may,

68. Whew a lunatic is seiscd or posscsscd of,

or pt i t lccl to land

where neccssary for

in fcc or tail, and it appears to thc Court or n Judge cithcr to be

lnainto~~anoc

necessary for tlw imintenance of the lurmtic arid the mrnibcrs of

lunatic or expedient,

make leases of mines

his imiilcdistc fi~nlilv,

for ~vholn

provision is dircctecl to be made, or

unopened.

to be cspcdient in a clue course of inanagemcnt, that any n h e, or
clwin-y being in, upon, or under the land, should be opened m c l
\~orkuri, the comnlittw of the rstate may, in the name aud an bel-df of the lunatic, under orclcr of the Court or n Judge, niakc such least. of the mines, quarries, mincwds, stoncs, and substances, in,
11~011, or unricr the lantl, although not already- opeiml or worlted,
ancl either with or wi tllont any land convenient to hr. held therewith, and with or without the surfacc, to such person, for such term or

terms of years, and subject to such rents, royalties, reservations,

covenants, and agreements, and in such nlanner and form as the

Court or s Judge al~all

orclcr.

69. Whcre the Conrt or n Judge makes any snch o r r h as in and Produce

opened mines,

of newly

where

by the last preceding section is authorized to he inade, by reason of neoessrtryfor lunaticfa

its appearing to hiin to he necessary for the maintenance of the ","$;~~$$i,"'~

hwatic allcl the members of his immediate fididy as aforesaid, that be carried to scparato

f ;,

the mine or quarry simdd be opened and worlied, then the moneys ~ ~ ~ ~ "; e ~ ~ ~ e 8 t r r t e.

arisilig thereby shall be applied in, or towards such maintenance as

i,	( 7 I
*	>

aforesaid, in such manner as the Court or a Judge shall direct, and in such case the surplus thereof, and in every other case, all the	-	i ,'
..

n~oncys so arising shall bc carried to a separate account, and may be applied for or to~vards a11 or any of the purposes for which

moneys are hereinbefore authorized to he raised hy sale of the

,.g,l,

$ '

lunatic's estate, or in such other manner for the lunatic's

benefit as

d j

* q

,,:'

the Court or a Judge shall direct, and upon the lunatic's death, the

$l,

moneys remaining on the credit of such separate a.ccount shdl, as

i, .

ask

. I

+, +

ween

Y C

?4f

% * @ *

*:<

* '

+ - * j.

* - *

I "C)

27" & 28" VICTORI2E, No. 21.

Lunatics A c t. 1 8 6 4.

between the representatives of his real and of his personal estate, be
considered as real estate.

Committee map

70, Where a lunatic has a limited estate only in land, and any mittee of his estatc may and s4dl from time to time, in the name and on behalf of the lunatic, under order of the Court or a Judge, execute the power, to such extent and in such manner as the order shall direct; and all fines, premiums, and sums of money, if any, received for or upon the granting of any lease under thifi present provision shall be applied and disposed of in a manner directed in section 72 of this Act respecting the fines, premiums, and sums of money therein mentioned.

execute

leasing powere

of lunatic having	power whatsoever of leasing the same is vested in him, the com-
limited estate.
Committee may
accept surrender, and	71. Where a lunatic is entitled or has a right to renew, or either it would be for his benefit to renew, or he might in pursuance of any covenant or agreement, if not under disability, be compelled to renew a lease made for a life or lives, or for a term of pears either absolute or determinable on a death or otherwise, thc committee of his cstatc may, in his name, under an order of the Court or a Judge, upon the application of the committee, or of any person entitled to the renewal, accept a surren&r of the lease, and make and cxecute a ncw lease of the premises comprised in the lease surrendered, for such number of lives, or for such term or terms of years, determinable upoil such number of lives, or for such term or terms of years absolute, as was or wcrc mentioned or contained in the lease surrendered at the making thereof, or otherwise, as the Court or a Judge s l d l order, but so that no renewed lease be executed by virtue of this Act, in pursuance of any covenant or agreement, unless the finc, if any, or such other sum of money, if any, as ought to be paid on renewal, and such things, if any, as ought to be performed in pursuance of the covenant or agreement by the lessee or tenant be first paid and per- formed, and a counterpart be duly executed by the lessee.

make new lease.

Fines how to be paid.

72. All fines, premiums, arrd sums of money, received upon renewal, shall, after d~duction

of all necessary incidental cha~ges

On death of lunatic,

and expenses bc paid to the committee of the estate, and be applied

quality of money

for the lunatic's benefit as the Court or a Judge shall order; but

arising from fines.

upon the lunatic's death all such moneys as have arisen by such fines, premiums, or sums of money, or so much thereof as then remains unapplied for his benefit, shall, as between his rcal and his personal estate be considered as real estate, unless the lunatic be tenant for life only, and then the same shall be considered as personal estate.

Committee may ex-	73. Where a -is	invested in a lunatic for his own benefit, or
ercieo power vested

in lundh fnr his own the consent of a lunatic is necessary to the exercise of a power, and

benefit, or give

consent.

such powerpfcconsent is in the nature of a beneficial interest in the

\*	lunatic. and it apnears to the Court or a Judge to be for the lunatic's

2T0 & 228" VICTORIB, No. 21.
Lunatics Act-1 864.

may, in the name and on behalf of the lunatic, undcr the order of the	PART IT.
Court or a Judge, made upon the application of the committee of the estate, exercise the power,,,or give the consent,'*as t<he casesgx bg, in such manner as ths order shall direct.

74. Where the power is vested in a lunatic in the character of Committee

ercise power vested in

trustee or guardian, or the consent of a lunatic to thc exercise of a lunatic in character
power is necessaxy in the like character? or as a check upon the trusteeOrg~aldian. .-
unduc excrcisc of the power, and it appears to the Court or a Judge m l c d / e
to be fit and cxpcdient that the powers should be exercised, or the
consent given; as the case Inay be, the committee of the estate, in the.
name and on behalf of the lunatic, may exercise the. power, or give;
the consent, as the case may be, in such manner as the order shall
direct.

75. Whcre, under this Act. tlw committee of the estate undcr order Trusteea appoiohd by

of the Court or Judge, exercises, in the name and on behalf of the committee t o have same powers as if
lunatic, a power of appointing new trlxstees, vested in the lunatic, appoinkd by court
the person or persons who shall after, and in consequence of the ~$;,"Truatee*ctt

exercise of the power, be tho trustee or trustees, shall have all the	1
same rights and powers as he or thcy would have had if the order
had also been made by the Court, in its equitable jurisdiction under
"The Trustee Act, 1855," or if hc had been appointed by a decree of
that Court, in a suit duly instituted; ancl thc Court or a Judge may,

in any such case, where it seems to be for the Iuilatic's benefit and

6 B

also expedient, make any and every such order respecting the land,

or stock, or choses in action, qubi~,~Lto a?*q +.- - the trust, as

made in the samc case, under the provisions of "

1855." on the amointment thereunder of a new trustee or trustees.

L L

76. Where, by the report of the Mastcr of
affidavit, or otherwise, i t is established to the satisfa Court or a Judge, that any persoil is of' unsound mind, a of managing his affairs, end that his property clo~s not Thousand Pounds in value. or that the income thereof does not summarymanner,

exceed Fifty Pounds per akurn,

without directing any inquiry under a
make such order as to such Cour
fox the purpose of rendering the
income thereof, available for his mainte

ing 011 his trade or business:

Provi

at the alleged insan

person shall have S

application fox such

order as aforesaid, as

made as hercinaftcr mentioned, direct.

77. Fo? the purpose of giving e
mentioned in the last precding sec
order any land, stock,
to bc sold, charge
and a conveyance, executed or made,

procceda

Akt a:&.

Lunatics

A c t. 1 8 6 4.

PAP W.

proceeds of any such sale, charge, or other disposition, or the dividends or income of such land, stock, or property, to be paid to apy r e l a t i v m n s a n e person, or to S ch other person as it may

be conszed proper to trust with the 'LT- app lcation thereof, to be by hirn applied in the maintenance or for the benefit of the insane person, or of him and his family, either at the discretion of such relative or person, or in such manner and subject to such control, and with or without such security for the application thereof, as the

.'*$\

Court or a Judge may direct; and for the purpose above mentioned,

W the Court or a Judge shall have all the same powers with respect to the transfer, sale, and disposition of, and otherwise respecting, the

*-* i t h\

.$ .-

,l)	real and personal property of such person as aforesaid, as if he had been found lunatic by inquisition.

Power to apply

property of persons	78. Where any person has, on the trial of any indictment, been satisfied by affidavit or otherwise of the continued insanity of such person, and of his being still in confinement, may make any such order with respect to the property of such person, and the 'application thereof for his maintenance or benefit, or that of his family, or for carrying on his trade or business, as is mentioned in the two last preceding sections.
acquitted on the	acquitted on the ground of insanity, the Court or a Judge, on being
ground of insanity

1 for their benefit
79, When any person shall have been received or taken charge of

report as tO lunacy of

as a lunatic upon an order and certificates, or an order and certifi'cate,

any person detained

in pursuance of the p

or of a n m a - e b i

in -as$um,

and may

repealed;

shall

have becn

d *

as a lunatic for the twelve

appolnt guardian of

*I	hie estate, and direct	months then ast past, the Court or a	uc ge may direct that the Master
application of his

income.

of the said Court shall, and thereupon the said Master shall personally &mine such pyilsun, and shall take such evidence, and call for such information as to sYcb Master shall seem necessary to satisfy hirn that such person is a lunatic, and shall report thereon to such Court or Judge, and such Court or Judge may thereupon from time to time mak; orders for the appointni&t of a guardian or other-

wise, for the protection, care, a d

management of-the person of any

person who shall by any such report as last aforesaid, be found to be

st lunatic; and such guardian shall have the same powers and

authorities as a committee of the person of a lunatic found such by

n; and such Court or a Judge may also make orders for the

ent of a rcceiv or otherwise, for the protection, care, and

have the same power and authorities as a receiver of thc estate of a

management of the -5 esta e of such lunatic, and such rcccivcr shall

lunatic found such by inquisition; and such' Court or a Judgc may also make orders for the application of the income of such lunatic, or a sufficient part ttiereot for a a i n t e n a n c e and support; and in payment of the costs, charges, and expenses attending theTotection, care, and management, of the person and estate of such lunatic; and also as to the investment or other application for the purpose of -accumulation of the overplus, if any, of such income, for the use of such lunatic as to the Court or a Judge shall from time to time in

each case seem fit: Provided always, that *such protection, care, and

27" & 28" VICTORIB, No. 21.

258

Lun.ntics Act,-1 864.

management, shall continue o

uying such time as such lunatic

PART

IT.

shdl continue to be detaine	a lunatic upon an order and
certificates, or certificate, as a	d, and for such further time not
exceeding six months as the	or a Judge may fix : Provided

also, that the Court or a Judge &, in any such case, either before

or after directing such inquiry, by such Master as aforesaid, and

whether such master shall have made a report as aforesaid, or r~ot,

to direct a commission in the nature of a writ de lunatico inqziirendo

to issue, to inquire of the lunacy of such person.

cution of all inquiries and matters which may be referred to him as inquiry, and to

80. The Master of thc said Court shall have power in the prose- z$a$i:;;lk

him, and to administer oaths and take evidence, either vivd voce or

aforesaid, or otherwise under this Act, to summon persons before :!referred

# % j. s b -.

.- - a _

on affidavit, and to require the produclion of books, papers, accounts,

and documcnts, and the Court or a Judge may by any order, either

;

general or particular, refer to the said Master any inquiries under. t f . g

the provisions of this Act relating to the person and estate of any lunatic, as to whom a report shall be made by the Master, in like manner as inquiries relating to the persons and estates of lunatics '"S P

-- 4 r.

"*p '

found such by inquisition now are.

executed

8 1. Every surrender, lease, agreement, deed, conveyance, mort- Dee%

under this Act, to be

gage, or other disposition granted, accepted, made, or executed, by as valid as if lunatic

virtue of this Act, shall be as valid and legal to all intents and	of sound
purposes as if the person in whose name or place, or on whose behalf the same was granted, accepted, madc, or executed, had been of sound mind, and had granted, accepted, made, or executed the same.

82. All transferfi and paynlents made in pursuance of this Act shall T

ranefera and pay-

ments to be binding.
be valid and binding to all intents and upon all persons whornsoever.

83. The Court or a Judge may order the costs and cxpenses of cost8

may be

and relating to the petitiolh, appli~tinns,

orders, directions, ~ o n v e y Z & ~

ances, and transfers to be made in pursuance of this Act, or any

a+---

them, to be paid and raised out of or from the land or stock, or the

rents or dividends, in respect of which the same r e s p e c t i ~ s h a l l

a g & C a t a J s " d g e may seem proper.

;

74-

84. If, on information before

cial Magistrate or two sn

Justices, it be made to appear that

atic confined in any such order for maintenance

asylum has an estate, real or person

1e to his maintenance, of

,,,,

Iunr~tic

certain

out

of cases.

hi8

and more than sufficient to maintain	mily, if any, such Special
Magistrate or Justices may mak	under his or their hand '
and seal or hands and seals, direc	izure of so much money,

or the seizure and sale of so mu

the goods and chattels, or

directing any person, to be ther

to receive and take so

much of the rents and profits of

d tenements of such

lunatic, or other income of such

as may be necessary to pay

for the lodging, maintenance, cl	icine, and care of such
lunatic, and the receipt of the p	in such order to receive

27" & 28' VICTORI&, No. 21.

PARXIV

order shall be a sufficient dis-

--p

any moneys to be rcalizcd undcr

charge to any person paying ove	moneys of the lunatic in his
possession: Provided that no su	er shall be made in any case
where a committee, receiver, or	an has been appointed for the

estate of such lunatic by the Su

Act not to subject

lunatic's property to

85. Nothing in this Act contained shall extend to subject any

further or otherwise than as the same is now subject thereto by due

course of law.

debts to which it is

part of a lunatic's property to the debts or demands of his creditors

n ~ t

otherwise liable.

supremecourtmay

make ordera for regn-

86. The said Court may, from time to time, n d r e such orders for

latingprwticc, &C.

regulating the forms and mode of proceedin5 before the Court or a

-Judge, and before the said Master, and of any other proceedings

Act, for the due protection, care,
of the persons and estates of lunatics, and for
to be adopted and duties to be performed
such reports as aforesaid, and for
vesting in such Master or other officers such powers as to thc said

'7s

Court ,nay appear expedient f i r thc purposes aforesaid, and also for

fixing, altering, ancl discontinuing the fees to be received and talrcn in respcct of such proceedings, and generally for carrying into effect the aforesaid provisions as to the said Court shall seem meet; and any such ordcrs as aforesaid, or any of thcm, may bc from time to time rescinded and varied by the like a~tllorit~y; and all such orders shall be laid before Parliament within fourtecn days from the making thereof, if Parliameiit bc thcn assembled, and if not, then within fourtern d i ~ y ~ after the mreting of Parliament then next following; and if either House of Parliament shall, by resolution passed within thirty-six days next after any such orders as aforesaid shall be laid before it, resolve that the whole or any part thereof ought not to continuc in force, in that case, the whole order, or part of the order specified in the resolution, as the case may be, shall; from and after

:	the passing of such resolution, cease to be binding.

=.\

c--

committee maybe

87, \Vliencver it shall appcar to the Supreme Court, or a Judge

~~~oin?d$iir

m a y -

menta a airs of

thereof, that a person residing in any place other than the said Pro-

T *

4 t

.&tic %*

c o r e i ~

has been declared lui~atic, and incapable of managing his

country.

by any Court of coppct&t j~itisdiction,

in-the $a&

\&rein

such person shall reside, the said Supreme Conrt, or a Judge thereof, may appoint a Cornmittcc for the management of such per- son's affairs; which Committee shall have all such powers for the management of the lunatic's property and affairs as though such

lunatic had been fourld lunatic by the said Supreme Court, and the

Committee appointed by such Court.

-. l

PART

v -Offences

and ~ e n a i i e s

The

following o&ms

88. Any Resident Medical4 0 cer or other officer or servant of any asylum:

to be misdemeanors -
Wilfully neglecting to

make entries in Book

T h o shall, knowingly or wilEuY neglect to make due entry in

of Admission.

" The

27" & 280 VICTORIE, No, 21.

Lz~nn

Act. -1861.

PUT v.

" The Book of Admission,"	The Book of Admissions of
Dangerous and Criminal Lu	ics," a The Medical Journal,"

or C C The Casc 13ook,"

of a

m y of the particulars by

tllis Act required to be	by them, or any of then1
respwtivcly:

shall fraudulently coiiceal or a

n ~ p t

to conceal any part of Praudulcntl~

h g any patiert from

conceal-
any such asylum, or any p on detained therein as a ylsltora.

luaatic, from the visitors,

any other person hereby

authorized to visit and in

t such asylunl, and the

patients confined thereill:

shall not give full and trne

vers, to the best of his or ~ o t

giving true

their knowledge, to all qucst

which thc visitors or other of

an"ers

visitors. q"""Ons

persons as sfbrcsaid shall as1

reference to all or any of

the matters which by this	they are authorized to
inquire into:

shall receive any pitticat, tv tbcr paupqr, dangerous, or Receiving patient

without order and

ot,herwise, into any asylmn	out the order, or order and	by
certificates, or certificate, r	ecl by the foregoing pro- this Act.
visions:

OP who having received any pat

cler special circumstances,

Having received

patient under special

as mentioned ill clnusc.

n the certificate of m e circumstances, per-

Medical Practitioner a1

being reclllired, shall nlitting him to remain

beyond three days

permit such patient to	n such asylum beyond a,ithout
the period of three clcar	out such further certi- certificate.
ficates as are mentioned

Or shall, through wilful neglect

connivance, permit any Wilfully permitting

person confined in any such a	m to escape therefrom, or cBc'pe	any lunatiio
shall secrete such person, o	t or connive at any such
escapc:

Or shall strike, wouncl, ill-treat, or wilfully neglect any patient Ill-treating any

coafincd in any such asylum:

lunatic.

Shall be guilty of a misdemeanor, and

all be subject t,o indictment

for every such offence, or to forfeit, on

ummary conviction thereof

before two Justices, any sum not excee

g Twenty Founds nor less

than Two Pounds.

89. Any Resident Medical Officer, or officer whose duty it shall Neglectingto transmit

statement of death of

bc, who shall knowingly and wilfidly neglect to draw up, sign, or pnuprr~unrtic,peoa~ty
' ~ ~ ~ o

transmit to the Chief Secretary, a statcn~ent of thc cause of death ]lot less

Pounda, nor exceeding

of any pauper patient, as hereinbefore required, shall, on conviction TC, Pouuda,
thereof, forfeit and pay a sum not exceeding Ten Pounds, nor less
than Two Pounds.

91). Any person (not being a guardian, or relative deriving no pro- h p

person keeping

perty from the chargc, or a Committee or guardian appointed by the in any place not a

lunatic in contincment

Supreme Court),who shall receive to board or lodge, in any house not lunatic asylum, with-	out order and certifi-
being an asylum, duly proclaimed under this Bet, or shall take the care	,ste,or keeping in Con-

or charge of any lunatic under restraint, without first having the finement lnore than

one such lunatic,

like	gudty of misdemeanm.

2 7 O & 28" VICTORIB, No. 21.

Lunatics Act.-1 864.

PART

-----

like order and medical certificates, as are required on the admission of a lunatic (not being a pauper) into any such asylum, or \shall receive or keep, in any house not being such asylum, more than one

such lunatic ~ ~ n d c r

restraint, shall be guilty of

misdemeanor.

Signing certificate

eontrary ta provisions

91. Any medical practitioner who shall sign any certificate con-

o f B C ~, pndty not	trary to any of the provisions herein contained, shall, for every such
exceeding Twenty
Pounds.	offence, forfeit any sum not exceeding Twenty Pounds; and any
Mcdicnl practitioner	medical practitioner who shall falsely state or certify anything in any
7	certificate under this Act; and any person who shall sign any certi-
himself asmedical	ficate under this Act, in which he shall be described as a medical
practitioner, not bring
aneh, guilty of mis-	practitioner, not bcing a medical practitioner within the meaning of
demeanor.	this Act, shall be guilty of a misdemeanour.

Penalty for obstruct-

92.

Any person who wilfully obstructs the visitors, or the Resident Medical Officer, or any other officer or person, in the execution of
ing officers.
any duty imposed upon them, or any of them, by this Act, shall
(without prejudice to any proceedings, and in addition to any punish- ment to which such person so obstructing would otherwise be liable) forfcit for such offence m y sum not exceeding Twenty Pounds.

Procuriug confinc.	93. If any person shall, b	od~xction	of any false certificate
~ n o n t of sane person on false certificrcttr

misdemeanor.

or otherwise, knowingly and

y procure any person, not being

insane, to be confined in an

upon insufficient, or unreason-

able grounds, such person s

uilty of a rnisdemcaiior.

7"'

PART

yr.-Legal

Procedure and Evidence.

Qummnry procedure.

94. Hvcry proceeding under this Act, fbr omissions, defaults, acts, or offences, to which any penalty is attached, shall be had and taken and may be heard and determined in a. summary way, by any Special Magistrate or two Justices, under the provisions of an Ordillance of the Governor and Legislative Council, No. G of 1830, (( TO facilitate

the performance o f the duties of Justiccs of' thc Peace out of session,

with respect to summary convictions and orders," or of any Act here- after to be in force relating to the duties of Justices with respect to summary coilvictions and orders, and all convictions and orders may be enforced, as in the said Ordinance is mentioned.

Besidcnt Medical

Officer may prosecute.

95. The Besjdent Medical Officer may prosecute or proceed against any person, for procuring any person to be wrongfully or improperly confined in any asylum, or for any other offencc against this Act; or may commence any action, lay any information, or in- stitute any other proceedings for enforcing payment of amounts due, or pslyablc for the maintenance of any person confined in any such asylum, from the person liable to pay the same; and no such prose- cution, action, or other proceeding shall &ate or be discontinued by reason of the death or removal of such Resident Medical Qfficer,

but his successor may continue the same in the name of the Resident

Medical Officer so dying or being removed.

96, Production

W & 28" VICTORI-?E, No. 21.

257

Lunatics Act .1864.
7 3 , ,,.

' 1

i

96. Production of the Governme?zt Gazette containing any Pro- clamation of any place as an asylum under this Act, or notifying aazottotobe

PART VI.

con-

theappointment of any person as a visitor, Resident Medical Officer, $;;$;&$g;;

or other officer, shall be conclusive evidence of the matters therein asylums, sro.

contained in any action, suit, or proceeding in any Court or Courts

in the said Province.

97. Therc shall be an appeal from

any C~n~ic t ion

by any Special Appeal to Adeldde

Magistrate or Justices for any offence against this Act, or from any :$dgg.Of
order dismissing any information or conlplaint, or from any order
for payment of money, whether for the maintenancc of any lunatic out of his own estate or otherwise, or for costs or otherwise; which appeal shall be to the Local Court of Adclaide of Fldl Jurisdiction only, and the proceediags on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts; but thc Local Court of Adelaide afhrcsaid may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

98. The Local Court uf Adelaide, upon the hearing of any ap- I, O C ~ ~

Court, upon

har ing of appeal,

peal, may state one or more special case or cases for the opinion of the ,, sp&ial case or cases accordhg to the practicc of the Supreme Court on special cases, and thc Supreme Court sllall make order as to costs of any special case as to the said Court shall appear just; and any two or more Justices, or the Local Court of Adelaide, shall make an order in respect to the matters refcrrcd to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof; which ordcr of the Justices or Local Court shall be cxpressed in manner provided for the enforcement of ordcrs of Justices, under the said Ordinance No, 6 of 1850; and saw as herein provided, no ordcr or proceeding of any Special Magistrate or Justices, or of any Local Court, made under the authority of this

,,,

into the Supreme Court of the said Province.

Act, shall be appealed against, or removed by certiorari, or otherwise,

99. All moneys received for penalties imposed for offences Appropriation of

against this Act, shall be paid to the Treasurer on behalf of Her m"e~s'
Majesty, Her heirs, and successors, for the public uses of the said
Province and in support of thc Government thereof.

PART

VII.-Frotection

to officers, and general matters.

PART

VII.

100. Every asylum shall in the first place be appropriated to the Poor persons t o be

firat accommodated in

reception of pauper lunatics, and poor insane people whose estate pagluma,

otbo.

and friends arc unable to bear the exmnse of their maintenance. and insane per,

w n a acccrd-

of dangerous and criminal lunatics, and of lunatics wander&

at ing

modation.

to the accom-

large, or not being properly taken care of, or being cruelly treated, ordered to be confined therein under this Act or the repealed Ordi- nances, or either of them; and i~ the next place, m far as the means
of accommodation therein will extend, to the reception of other
insane

258-	2 7 O & 28" VICTORIB, Nu. 2 1.

I

PART

vI1.

insane persons, in respect of whom. some relative, guardian, friend, or

Resident Medical

committee may agree with the Resident Medical officer for his main-

Officer

mayrecGvor

in tenance whilsc d2ained therein, as hereinafter mentioned, the amount

respect of the

maintenance of such

of which maintenance shall and mav be recovered bv such Resident

persons.

Medical Officer suing in his own n&e,

from the pe;son

so agreeing

. -

with him.

Rcaident Medical

101. The Resident Medical Officer of any asylum, in all cases

Officer may

agree

with

relative or friend for	where any lunatic shall be possessed of suficient means to defray the
maintenance of
lunatic.	expense of his maintenance in such asylum, may agree with any relative, guardian, or friend of any such lunatic, for his maintenance whilst dekined therein; and sucG relative, gua~&an, or friend shall be and is hereby empowered to reimburse himself, all necessary sums expended in such maintenance, out of any funds or property belong-
ing to such lunatic, which funds and property are hereby made
chargeable therewith.
persona liable for their

Relatives of poor

102. All the provisions, powers, and authorities, made and given

maintenance.	by the Ordinance No. 11 of the 6th Victoria, intituled " An Act to proyide for the maintenance and relief of deserted wives and children, and other destitute persons, and to make the property of husbands and other ncar relatives, to whosc assistance they have a natural claim in certain circumstances, available for their support," shall be deemed and construed to extend to the case of poor persons confined
in any asylum, whether such poor persons are confined as dangerous
lunatics or otherwise: Provided that, where by the said Ordinance i t is directed, that complaints may be made by itny reputable house- holder, such complaint may be made by the Resident Medical Officer
of the asylum wherein such poor person may be confined.
In case of inquiry

whetbet any particular

103. If any person shall apply to the Resident Medical Officer, in

patient is in confine-	order to be informed whether any particular person is confined in
any such asyhm, such Resident Medical Officer is hercby rcquired
merit*

Medical

the OWcer shall

furnish the iniorma-	to inform the pcrson so applying, whether the person so inquired
tion,	after is or has been confined in such asylum; and (if required, and on payment of Threepence for every folio containing seven ty-two words, copying fees) to furnish a copy of the order and medical cer- tificates, upon which such person was received into such asylum.
Governor, or the

Bupreme Court, 01

104. The Governor, or the Supreme Court, or any Judge thereof,

any Judga thoreof,	if he or they shall think fit, may, at any time, by any order directed
may order visitation	to any visitor, or other officer, or person, require the said visitor,
of patients, &c.	-
officer, or person to visit and examine any asylum, or any person confined as a lunatic, or who shall be under restraint, in the care of
But not patients under	any keeper, guardian, or relative, or of any other pcrson, and to make
a Committee.	a report to the Governor, or the said Court, or any Judge thereof,
of such matters as they shall be directed to inquire into: Provided that the Governor shall have no authority under this Act, to order a visitation or examination of any patient under the care of a Committee appointed by the Supreme Court.

Lunatics Act.-1 864.

105, If any Judge of the Supreme Court shall receive any infor- mation upon oath, or otherwise, or shall have any reason or cause Judge may order

PART VII, --

to suspect that any person of sound mind is confined in any asylum, g;~;~"t",";,";$&

such Judge shall lmve full power and authority to cause the Resident

before him for exami-

Medical Officer of such asylum, by any wasrant or order to be issued nation ;
by him, directed to such Resident Medical Officer, to bring such

confined person before him for examination, at a time to be specified

And if found to be of

in such warrant or order; and if upon the examination of such con- ,

mind,

dis-

fined person, or of any medical or other witness who may be called charge them from
to testify before suck Judge as to the supposed sanity or insanity of coafmement.
such confined person, i t shall be made to appear to the satisfactiou
of such Judge that such confined person is of sound mind, it shall
be thereupon lawful for such Judge, upon the oath or affirmation of such witness (which oath or affirmation such Judge is hereby authorized and empowered to administer), and he is hereby required to direct such confined person to be immediately discharged from the cuxtocly of the Resident Medical Officer of such asylum, unless he shall be detained therein for some other cause by due process of
law.

106. The Governor, with the advice of the Executive Council, may Governor may make

rules for government

from time to time make rules for the government and management ,

of any asylum to be proclaimed under this Act, and for the regu- asylums.
lating the duties and conduct of the officers thereof, and the care
and treatment of the different classes of patients confined therein;
and the forrns of the various books and returns required by this Act, or deemed necessary to be kept or made, but so as not to alter any form hereby prescribed; and such rules, when published in the

Government Gaxette, shall be binding on the visitors, and all officers,	j t	%	a
assistants, and servants of such asylum, and all other persons whom-

soever; and all such rules shall be laid before Parliament within	*..	!
twenty-one days after such publication; or if Parliament be not sitting, then within twenty-one days after the next meeting of Parliament.

107. Where, by this Act, any duty is prescribed to be performed ~; O ~ a ~ $; , " ! ~

by the Resident Medical Officer, such duty shall, in the case of his Officer. section, relieve the Resident Medical Officer from any of the duties herein prescribed to be performed by him, but so that such rules provide for the efficient performance of such duties by some other officer of such asylum; and where any penalty is by this Act inflicted on such Resident Medical Officer for any omission, neglect, or other- wise, he shall not be liable to such penalty in case of absence as aforesaid, or in caae he is relieved of such duties by any rulcs to be made as aforesaid; but in such case the officer next in authority, or the officer prescribed by such rules respectively, shall be liable in the same manner as if he had been specially mentioned in the clauses
unavoidable absence from illness or any-other sufficient cause, be
performed by the officer of such asylum next in authority; and the
inflicting the penalties.

108, The

260 2Y0 & 28" VICTORIB, No, 21.

Lunatics Act.-1864.

Yaar m.

108. The order and certificate required for the detention of any

Order and certificata

person as a pauper shall exteild to authorize his detention, although

to 'uatify dcta?tions

altkou& descnbmg

i t may afterwards appeax that he is not a pauper; and the order and

pewon as pauper, he

certificate required for the detention of a person not being a pauper

being

and

shall authorize his detention, although it may afterwards appear that

vice

versa.

he was or is a pauper.

Resident Medical

officer

109. Every Resident Medical Officer by this Act, and every officer

order and certificate	the under the repealed Ordinances, or either of them authorized to
for receiving any

lunatic in bar of all	receive or take charge of a lunatic upon an order, or order and cer-
proceedings.	tificate and certificates, shall have pomer and authority to take charge of, receive, and detain such person until he shall die or be removed or discharged by due authority, and in case of the escape at any time of such patient, to retake him at any time within fourteen. days after such escape, and again to detain him as aforesaid; and in every writ, indictment, information, action, or other proceeding which shall be prefeued or brought forward against any such Resident Medical Officer or other officer aforesaid for taking, confining, detaining, or retaking any person as a lunatic, such Resident Medical Officer or other officer may plead such order and certificate or certificates in defence; and such order and certificate or certificates shall, as respects such Resident Medical Officer or other officer, be a justifi- cation for taking, confining, detaining, or retaking such lunatic or
alleged lunatic.

Actions to be com-	110. If any action or suit be	t against any person for any-
menced mithin six

calendar months.

thing done in pursuance of this

the same shall be commenced

within six calendar months n

r the rclcase of the party

F	W	bringing the action; and notic	iug of such action, and the
cause thereof, slmll be given to the	ndant one calendar month at

c. L.

least before the commencement of

action; and the defendant in

any such action or suit mdy,	tion, plead specially, or the
b	neneral issue, not guilty, ancl	ct and the special matter in

evidence at any trial to be h

n, and that the same was

done in pursuance and by the

this Act; and the plaintiff

shall not recover in such

der of sufficient amends

shall be made before action	after action brought, the
defendant shall pay into C	mends; but in such last

mentioned case the plaint

his costs of suit up to

the time of payment into Court;

if a verdict shall be found for

the defendant, or if the p1	nonsuited or discontinue
his action or suit after the	ave appeared, or if, upon
demurrer, judgment shall	t the plaintiff, then the

d9fendant shall recover	have such remedy for
recovering the same as an	r may have in ordinary
cases.

I n the name and on behalf of the Queen I hereby assent to
this Act.
D. DALY, Governor,
~CII~J~DULES
27" & 28" VICTORIE, No. 21.
SCKEDULES REFERRED TO.
Order f o r the Reception o f a Pauper Patient.

I, C.D. [i?a

the case o f a sing& J u ~ t i c e

o f the Peace, or in the case of two Justices,

we, C.D. and E.F.] the undersigned, a Justice [or Justices] of the Peace for the Province of South Australia, having called to my [or our assistance a

medical practitioner, and having personally examined A.U., a pauper I omit the words

" a pauper " when the lunatic 4s not a pauperl, and being satisfied that the said A.B.

is a lunatic [or an idiot, o r a person of unsound mind; add, where the lunatic i s sent as being ton?zdering at Inrye, the words c ' wandering at large," and in the case of a

lu?tatic sent 6y trirtice of the authority given to two Jz~stices,

add " not under proper

care and cantrol," or " and is cruelly treated (or neglected) by the person haring the care or charge of him," ns may nppenr to the Justices to be the case] and a proper person to be taken charge of and detained under care and treatmeit, hereby direcA you to receive the said A.B. as a patient into the asylum under your charge.

Subjoined is a statcment respecting the said A.B.

Dated the

day of

(Signed)

C.D.

To	Resident Medical Officer of the Asylum a t

Slatement.
[If any particulars in this statement be not known, the fact to be so stated.1

Name of patient, and Christian name at length.

.......

Sex and age ....................................
Married, single, or widowed .......................
Condition of life, and previous occupation (if any). .
The religious persuasion, as far as known ............

Yre~ious

place of abode .......................,.m

Whether first attack.. ,...........................

Age (if known) on first attack

....................

When and where previously under care and treatment

Duration of existing attack

........................

Supposed cause.. .......................,.,......

Whether subject to epilepsy

...............,....,.

Whether suicidal ................................

Whether dangerous to others

......................

Name and Christian name and place of abode of the
nearest known relative of the patient, and degree of

relationship (if known)

........................

I certify that to the best of my lrnowledge the above particulars are correct11
stated.
(Signed)
[To bc signed by two Justices where required by the foregoing Act.]
Committal o f Uangerous Lunatic.
We CD. and E.F., the undersigned Justices of the Peace for the Province of
South Australia, having called to our assistance G.H., a medical practitioner, and
having seen and examined A.B., and the said G.H. having deposed upon oath that in
his

27" & 28* VICTORIX, No. 21.

Lmatz'cs Act.-l

864.

his opinion the said A B. is a dangerous lunatic [or idiot], and being satisfied that the said A.B. is a dangerous lunatic [or idiot], hereby commit the said A.B. to the asylum at under your charge, there to be kept in strict custody as a dangerous lunatic until he may be discharged therefrom by the order of any two ot the visitors of such asylum, or any other person duly authorized in that behalf.

Subjoined is a statement respecting the said A.B.

Dated t l ~

day of

c.n,

(Signed)

E.F.

Resident Medical Officer of

the Asylum a t

[If any of the particulars in this statement be not known, the fact to be so stated.]

Christian and surname at length. ...................

Sex and age

...............................

.. ...

Married, single, or widowed

......................

Condition of life, and previous occupation (if any)

....

Religious persuasion, so far as known

..............

Previous place of abode ..........................
Whether first attack.. ............................

Age (if known) on first attack

....................

When and where previously under care and treatment..
Duration of existing attack,, ......................
Supposed cause.. ................................

Whether subject to epilepsy

......................

W hether

suicidal

................................

Christian and surname an6 place of abode of nearest
known relative, and degree of relationship (if knomn)
W e certify that, to the best of our knovledge, the above particulars are correctly
stated.

(Signed)	C.D.
E.F.

Statement respecting C~imir~al

Lumtics, to be filled up and t~ammitted

to the Resident

&ledical O$icer 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.. ............................
How many previous attacks occurred. ...............
Euration of existing attack.. ......................
State of bodily health ............................

Whether suicidal or dangerous to others

............

Supposed cause.. .....

;. .........................

Chief delusion or indication of insanity.. ............

Whether subject to epilepsy

......................

Whether of temperate habits ......................
Degree of education.. .............................

Religious persuasion

............................

Crime or offence

................................

When and where tried., ..........................

Verdict of jury..

................................

27" & 28O VICTORIX, No. 21.

Lzcmtics A c t 1

864.

Order f o r the Reception of a Private Patient.
I, the undersigned, hereby request you to receive A.B., a lunatic [or an idiat, or
a person of unsound mind], as a patient into the asylum under your charge.
Subjoined is a statement respecting the said A.B.

Dated this

day of

(Signed)

hTame, occzqation (if any), place of

abode,

degree of relationship (g any), or	other circurnstaszces of connexion wi th
the patient.

To	Resident Medical Officer of the asylum at

Statement.
[ I f any of the particulars in this statement bc not known, the fact to be so stated.]

Name of

patient, with Christian name at length., .. ,, ..

Sexandage

....................................

Married, singlc, or widowed

......................

Condition of life, and previous occupation (if any)

....

The religious persuasion (as far as known),

...........

Previous place of abode ......................, ,..
Whether first attack.. ............................
Age (if known) on first attack ....................

When and where previously under care and treatment..

Duration of existing attack ........................

Supposed cause.. ................................

Whether subject to epilepsy ......................

Whether suicidal .............,.......,..........

Whether dangerous to others ......................

Whether found lunatic by inquisition, and date Of 1

commission or order of inquisition

................

Special circumstances (if any) preventing the pztient
being examined before admission separately by two

medical practitioners

..........................

(Signed)
[Where the person signing the statemefit is not the person who signs the order,
the following particulars concerning thc person signing the statement are to be

added, viz. :--Occupation (g any), place of ahode, degree of w la t ionshp (if any),

or other circumstances of

connexio~z wtth the patient.]

F o r m o f Medical

CertzJ2ate.

1, the undersigned, A.B., of

in the Province of South Australia, a

Medical Practitioner, of the said Province, and now in actual practice, hereby

certify that I, on the day of a t [here i m e r t the street

and the num6er of

the house (9

any), or other l ikeparticulars], in the said Province,

[in any case where more than one medical c e d j c a t e is r e p i r e d by

this A c t, here insert

separately from any other Medical Practitioner], personally examined A.B., of

[insert vesidence and

or occupation (if

a n y ) ], and that the said A.B.

is a lunatic, [or an idiot, or a person of unsound mind], and a proper person to be

t~iken charge of and detained under care and treatment, and that I havc formed

this opinion on thc following grounds, viz. :-l.

Facts indicating insanity observed 4

by myself [here state the facts].

2. Other facts (if any) indicating insanity commu-

nicated to me by others [here state the i n f o ~ m z t i o n,

and f r o m whom obtained].

Dated this

day of

(Signed)

21" & 28" VICTORIrX, No, 21.

'apoqa

I	jo aaqd suo!aaq I

270 & 228" VICTORIB, No. 21.

Lunatics Act.-1 864.

27" & 28" VICTORIX, No. 21,

Lunatics

A c t. 1 8 6 4.

Form of Summons by Board of 1nquzi.y.

I, the undersigned, Chairman of the Board of Inquiry appointed under '$The

Lunatics Act, 1864,"

do hereby summon and require you personally to appcar before

the said Board at

the

day of

a t the hour of

the noon, then and there to be examined and testify the truth touching certain matters under inquiry by the said Eoard by virtue of the said Act, and if i ou fail to attend at the time and place aforesaid, you will be liable to a penalty of not less than Ten nor more than Fifty Pounds.

Given under my hand this

day of

, Chairman.

Adelaidc : Printed by authority, by W. C, Cox, Government Printer, Victxia-square,