Lunacy Act 1865 (SA)

ANNO VICESIMO NONO

A. D. 1865.

No. 3.

[.iss~ntcd to, 5th December, 1865.1

IIETlE I ! & S thc 1,unatics Act, 186 4, reqnircv all hy1~1ns for Proamble.

the reception of Lunatics, to bc prorli~imcd nr in such Act is

mentioned: And wlicreas such Act lilcewise provides for the appoint- mcn"cf a Resident ilediual Officer for every such Asylum: And whereas, since the pxssing of such Act, the house or placc on the North Park Lands thcrctofore u5ed as an asyluin for lunatics, lias continued to be uscd as an asylum, but thc sane was not duly

proclaimed until thc sixth day of July, one thousand eight

hundred and sixty-five: And whereas no Kesideilt illrdical Officer v7as appointed under the provisions of' such i l c t until the sixth day of July, one thohsand eight hundred and sixty-five, and after the passing of such Act up to Lhc dntc of such apyointlneilt as aforesaid, I3obert Waters hloorc, Esquire, the Colonial Surgeon

of the said Trovince, acted in the capacity of Resident Medical

Officer, as afurcsnid: And whereas, after the passing of such ilct, and before the due proclamation of such asylum, ancl the appointment of such Eesiilcnt Ricclical Officer as aforesaid, divers yeiffsons mere,

under the provisions of such Act, committed to such lunatic asylum as aforesaid, 2nd there detained, as if such asylum had been

duly proclaimed, a d such Eesident Medical Officer had been duly appointed as aforesaid, a id i t is expedient to protect

all Justices of the Peace, police officers, and the Colonial Surgeon,

and all officers of the said lunatic asylum, and all persons acting under their authority or the authority of m y of them, from all

C actions,

*

6 29" VICTORIE, No. 3.

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Lunatics Amendment Act.-1865.

actions, suits, or other proceedings that may hnvc been, and but for this Act might hereafter be commenced against them, or any of them, for any such matter or thing done or authorized to be done

by any such Justices, police oecers, and officers of such lunatic

asylum, in pursuance of the powers they or any of them might have exercised if such ~sylurn h d h e n duly proclaimed, and Resident Medical Officcr appointed-Be i t therefore Enacted, by the Governor&-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assem- bled, as follows:

Short title. 1. This Act may be cited as The Lunatics Amendment Act,

1865.''

No action to be 2. No action, suit, or other proceeding shall be commenced or

brought ngainst

Justicoa, &C., by	prosecuted against any Justice of the Peace or Police Officer, or
reason bnly of Luna-
tic Asylum, at Adc-	against the Colonial Surgeon or any officer of the lunatic asylum,
laide, not being duly	situated on the Park Lands north-cast of Adelaide, or any person or
proclaimcd, and Iiesi-
dent Medical Officcr	persons acting uncier or by the authority of them, or any of them,
appointed.	in respect of the making. or obeying any order for tlic reception of any supposed lunatic into any lunatic asylum, or for arresting any supposed lunatic, or for keeping any supposcd hulatic con- fined in the l~lnatic asylum before mentioned, or for any other act, matter, or thing in connection therewith, by rcason only that the lunatic asylum at Adelaide had not at the time of thc committing of the act, matter, or thing complained of, bccn duly proclaimed under the plovisions of -the said Lunatics Act, 1864, or that at such time no Rcsiclcnt hledicd Officer for such asylum had been appointed as prescribed by the said Act, or that m y order for the reception of' any pnticnt into such asylum was directed to the Xesiclent Medical Officcr of the asylum, at Adelaide, without mentioning the name of such ltesiden t Medical Officer.

In any such action,

Robcrt Watere Moorc, 3. If any such action l m been commenced, or shall hereafter be

Eeq., to be taken to commenced; Robcrt Jvaters Moore, Esquire, the Colonial Surgeon of the said province, shall, for the purposes of such action, be taken

have Medical been Officer fro111

passing of A C ~. to have been ctulv appointed Resident Medical Officer of the lunatic

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asylum at ~ d c l a h; ks from the date of the passing of the said Lunatics Act, 1864, and to have lawfully exercised the functions of the Resident Medical Officer of such Asylum ss prescribed by such Act from that date up to the sixth day of July, one thousand eight hundred and sixty-five, anything in the said Act to the contrary notwithstanding.

If an auch aotion 4. 1f any such nction shall have been commenced before the

broug t, same to be K

disaontinued.	passing of this Act, the same shall, on the application of the defen-
dant by summons to a Judge of the Supreme Court at Chambers, be
ordered to be discontinued without costs.
29" VICTORIB, No. 3.

Lzcnatics Amendment A c t. 1 8 6 5. .

5. In any such action which has been cornmeneed, or which may 2%~; f;;;~;;%>;~

hereafter be commenced, the defendant may plead the general issue in evidence. Dcfen-

and give this Act and the special matter in evidence; and if on as betmc n attorncy

the trial no cause of action shall be proved other than .such as are and client.

hereinbefore mentioned, the plaintiff shall he nonsuited or a verdict shall bc entered for the defendant, in either of which evenis the defendant shall be entitled to his costs as betwccn attorney and client. n

In the name and on behalf of the Queen I hereby assent to

this Act.

B. DALY, Governor.

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Adolaide : Printed by authority, by W. C, Cox, Government Printer Vidoria-square.