Lunacy Act 1865 (SA)

A.D. 1865-6.

A ~ L Act to n n m d G The Lunatics Act, 1864."

rhsse~lted to, 16th March, 1866.1

HEREAS it is expcdicnt to amend "The Lunatics Act, 1864" Preamble.

-Be it therefore Enacted, by the Governor-in-Chief of the

l'rovinie of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province. in this present Parliament asseniblcd, as follows:

1. This Act inay be cited as The Lunatics Act 1865-6." ~ h o r t title.

2. Sections 10, 11, 12, 13, 14, 20, 21, 23, 49, 52, 55, 58, 65, 66, Repeal.

84, 88, 93, ailcl 1.10 of " " l l ~ Lu~mtics Act, 1864," are hereby

~epealed save so far as is necessary to give validity to a11 acts hitherto done in pursuance thereof respectively, and save so far as

may be necessary to enable any penalty to be imposed, enforced, or

recovered, and save so far as may be necessary to enable any punish-

nlcist to be iuflicted for any offencc against the said sections, or any

of them.

3. " The Lllnatics Act, 1864" (save i11 so far as the same is hereby Incorporation.

repealed) shall be iucoi.porated and construed together with this Act

as forming cne Act.

time, visit and inspect every a9ylum, and may make such sug- inspect, &c. 4. The Colonial Surgeon for the timo being, shall, from time to Colonial Burgeonto

gestions to the Resident IIedicaI Officer, as to the mode of conduct+ ing such asylum, as to him may seem proper and expedient; all

which suggestions shall be entered in The Visitor's Book," herein-

z after

after mentioned; and the Colonial Surgeon may, if he think fit, report

specially to the Chief Secretary on the subject of any suggestions

which he may make from time to time.

Board of Inquiry.	5. The Colonial Surgeon, the Resident Medical Officer, and any two OX more of the Visitors, shall be and are hereby constituted a Board, to be called "The Board of Inquiry," and shall have and exercise all the power? and authorities conferred upon the Board of Inquiry by the said Lunatics Act, 1864, and the Resident Medical Officer shall be the chairman of such Board; and evcry question shall be decided by a majority of votes, the chaiiman having a vote; and in the event of an equality of votes, the chairman. shall haw
an additional or casting vote.
provision for sending
pauper lunatics to	6. If an information be laid before any Justice, that any pauper require such pauper to be %rougllt before a Justice, arid the said Justice before whom such panper shall be brought dial1 call to his assistance a Medical Practitioner and examine such pcrson; ancl if such Medical Practitioner shall sign a ccrtificate with respect to such pauper, according to the form in Schedule C to the said Lunatics Act, 1864, and such Justice be satisfied upon view or personal exami- nation of such pauper, or other proof that such pauper is a lunatic,
asylum.	is OP is deemed to be a lunatic, he shall by an order under his hand
and a proper pcrson to bc taken charge of a i d cletaincd under care and' treatment, he shall, by an order under his lland, according to
the form in the Scheclnle h, No. 1, to the said Imlatic Act, 1864,
direct such panper to be into some asylum duly proclaimed

.. under the said Act, and such lunatic shall bc rcceivecl and detained

thcrein accordingly: Provided alw~ys, that any Justicc may upon

his own kno\\;l srlg c, n ithout any information being laid as aforcsqicl,

examine any pauper deemed to be a lunatic, at any convenient place, and proceed in all respects as if such pauper were brought before him in pursuance of an order for that pnrpose.

Proviaion as t o

lunatics wardvl ing a t	7. Every constable or other pencc officer \1-h0 shall ha\-e know- shall imumliittely apprehend and
ik,rgc., not \wing	ledge that any pcrson wandering at large is cleemed to bc a lunatic,

11rop rly ta!ic 11 c:>ro	take, or cause such person to be
crf, or beitlb. I ~ I C. I I Y

trcntcd. appschendctl ancl taken, before a Justice:

Ancl nny Justice map, upon its b e i n ~ ~ 7 mnde appear to hin~, by

p"	that any ~ C Y S O ~ ~ ~ a n c l ~ i ~ i n g a t largt: is dccrned to bo a
thc info~~mntion ulmn oath of any pcrson 11-homsoever,
lunatic, by ail orclcr undcr tllc h a i d of such Justice, to
require any constable, or otl lc~ llcncc officer, to t~pprcliend
him and bring him behsc n Justicc:

And every constable or other peace offitier who shall have knowledge that ally person, not a pauper and not wander- ing at large as afbrca~id, is deemed to be n lunatic, and is not under proper c n k and control2 or is cruelly treated or neglected by any relative or other person having the

care or charge of him 6ha& withiu three days after obtain-

ing

- 29" VZCTORIB, No, 19.

- -

Lunatics Act-1865-6.

ing such knowledge, give information thereof upon oath

to a Jnstice:

And in case it be made to appear to any Justice upon such infor- mation, cr upon thc information upon oath of any person whoinsoevcr, that any person, not n pauper, ancl not wan- dering at large, is deenied to be a lnnatic, and is not under proper care and control, or is cruelly trcatcd or neglected by any relatiw or other person having the care or charge of hiln:

Such Justicc shall either himself visit and examine such person,

aid make inquiry into the matters so appearing upon such

infork~ation, or by an order under his hand direct and anthorize soinc hIedical Practitioller to visit and examine s ~ ~ c l < person and make sucl~ inquiry, and to report in tvriting to such Justice his opiuion thereupon; and in case, upon snch personal visit, examination, and iirqui~y by such Justice, OS upon the report of snch Medical Practitioner, i t appear to such Justice that such persou is a lunatic, and is not under proper care and COII~POI, 01' is cruelly treated or neglected by any relative or other person having the care or charge of him:

Such Justice may, bv an order under his halid, require any

constable or otlldr peace officer to briug such person before

any two Justices:

hid thc Justice or Justices, as the case may be, before whom any such person as aforcsaicl in the respective cases afore- said is brought, under this section, shdl call to his or their assistance n Medicd Yractitiorrcr, ard shall examine such person. and malw such inquiry relative to wch person as

he or they sllall dcem necessary:

And if upon examination of such pel-sun, or other proof, such Justice be satisfied that such person so brought before him

is a lttnatic and 1vns wandering at large, and is a proper

person to bc taken charge of ancl detained unr1c.r cnre and

treatment:

Or such two Justices be satisfied that such person so brought before them is a lmatic, ancl is not unclcr proper care and control, or is crucllv treated or ncgle<:tcd by any person having the cnre or chnrgc of ln~ll, ancl that he is n proper person to be taken charge of and detained under care ancl treatment, and if such Medical Practitioner sign a certificate with respect to every such perso:l so brought. either beforc one Justice or two Justices, according to the form in the Schedule C to the said I;unatics Act, t 864 :

The said Justice or Justices may, by an order nndcr his or their h a i d or hands, according to the form in Schedule A, Eo. 1, CO the said Lunatics Act, 1864, direct such person to be received into any

asylum

h 29" VICTORIB, No. 19.

C

Lunatics Act-1865-6.

+----

.

asylum duly proclaimed, and such person shall forthwith be conveyed to and detained in such asylum accordingly: Provided always, that any Justice may upon such information o:l oath as aforesaid, or upon his own knowledge and alone in the case of any such person as aforesaid wandering at large and deemed to be

a lunatic, or with some other Justice in any other of the cases

aforesaid, examine the person cteenled to be a lunatic at any convenient plncc, and proceed in all respects as if such person were brought before him or them as hcreinbefore mentioned: Provided also, that the said Justice or Justices may suspend the execution of any such order for removing any such person as afore- sdd to any asylum for such period not exceeding fourteen days as

he or they may deem meet, and in the meantime may give such

directions or make such arrangements for the proper care and control of such person as he or they shall consider necessary: Provided also, that nothing herein contained shall be construed to extend to restrain or prevent any'relation or friend from retaining or taking such lunatic under his own care, if such relation or friend shall satisfy the Justice or Justices before whom such lunatic shall

be brought, or the visitors of the asylum in which such lunatic is

or is intended to be placed, that such lunatic will be properly taken

care of.

Pu o pauper to be

received into asylum	8. No paupcr shall be rcccived into any asylum (save under the provisioi~s	herein contained), without an order according to the form
without a

order and celtificatc. required in the said Schedule A, No. 1, under the hand of. one

-.

Justice, together with such statement of particular3 as is contained in the said Schedule, nor w i t h u t a.lneriica1 certificate according to the form in the said Schedule C, signed by one Medical Yractitioner, who shall hnve personally exarnincd him not more tllnii scveiz clear days previous1 y to his receptiun.

If amount agreed to

be paid for privato 9. If any person shall bc or shall have been reccivccl into any

patlent not suo~l ~ S Y ~ U M otherwise than us a pauper, and the relative, guardian,

paticntmo~	betleated fricnd, or committee who niay have agreed with the llesident
as pauper.

Medical Oficer for the maintcnancc of such person, shall rcfuse or

lect, o r, s l d l h a w refused or neglected, for the space of three

ndar inol,ths, to pay the amount which he may have agreed to

y as aforesaid, the Xksident Mcdicnl Officer may, without any

cler of a Justice or othcrwiee, consider arid treat such person in all

respects as if such, person had been originally admitted into such

nsyhm as a pauper patient, ancl may transfer such person to any

portion of such asylum set apart far pauper patients: Provided that

an entry of such transfer sball, within t men ty-four hours thereof,

Proviro. be made in the book of admissions: Provided also that nothing herem contained shall be construed to prewnt the Resident Medical

, Officer from continuing to keep such person as a private patient, if he shall think fit, nor from enforcing the agreement entered into for such person's maintenance against &c rcl&ve, guardian, fricnd, or committee with whom such agreement may have been made.

10, In case of the death of a patient in any asylum, a statement.

~ e p r t a of deaths

of patimtr tranunit- of

29" VICTORIZ, No. 19.

Lunatics Act,-1865-6.

of the cause of the death of euch patient shall be drawn up and F::;ti$.chief

signed by the Resident Medical Officer of such Asylum, and a copy

thereof, duly certified by him, shall be by him transmitted to the

Chief Secretary, within two clear days of the death of such patient.

11. Everyesuch asylum shall be visited once every meek at least Visitors tov;sit&t least once a week,

by some one or more of the visitors, who shall inquire what occupa- ,,

tion or amusements are provided for the patients, and the result certain in@+e.f

thereof; and whether there has been adopted any system of non-

coercion, and if so, the result thereof; and also as to the classification

of patients, and the condition of the pauper patients, if any; and shall

also make such inquiries as to such visit~rs shall seem expedient, and

once at least in every two months two or more of the visitors shall

inspect every part of the asylum and see and inspect as far as circum-

stances will permit every patient therein.

12. The Resident Medical Officer shall cause to be prepared and Bookfitobekeptcded L' Visitoray Book," in

hung up in some conspicuons part of every asylum, a plan hereo of; which to he entered

and there shall be kept in cvcry asylum, a copy of " Thc Lunatics

in+i'ies.

Act, 1864," and of this Act, bound up in a book to be called

The Visitors' Rook ;" and the visitors shall. at the time of their

respective visitations, enter thercin the result of the inspections and

inquiries hereinbefore directed or authorized to be made by them,

with such observations, if any, as they shall think proper; and also

such observations as they may think fit respecting the state of mind or

body of any patient in such Asylum: and the said visitors shall cause

to be transmitted to the Chief Secretary, at least once in every three

months, a copy of such minutes, and of the "Book of Admissions."

13. In case any person confined in any asylum, not being a dan- Eacapealunatics may be reca2tured.

gerous or criminal lunatic shall effect his escape therefrom, he may 6e retaken at any time within fourteen days, by the llesident Medicd

person assisting any such Resident hkdical Officer, officer, or servant Officer, or any officcr or scrvant belonging to such asylum, or any	in this behalf, or any other person authorized in this behalf, by
the Chief Secretary or Ztesident Medical Officer, and shall' be con- veyed to and received and retained in such asylum; and if any dan- gerous or criminal lunatic shall effect his escape he may be so retaken at any time.

14. Where it appears to the Court or a Judge to be for the ~ ~ ~ ~ ~ ~ $ , ~ ~ ~ $

lunatic's benefit, such Court or Judge may ordkr that the whole or on estate.

any part of any moneys cxpendcd or to be expended under any (&c daa'

order for the pcr~rbnent irnpmrnnent, security, or advantage of t h e I rl c " ~ " € 3

land of the lunatic, or of any particular part thereof, shall, with interest, be a charge upon and be raisable out of the lunatic's estate and interest in the land, or such particdar part thereof as aforesaid, but so that no right of sale or forcclosurc during the lifetime of the lunatic be given or acquired under or by virtue of the charge, and the illterest s1,al.l be kept down during the lunatic's lifetime out of

the income of %his general estate, as far as the same shall be suffi-

2 A cient

%'B ** 2 9 O VICTORIX, No. 19.

4

Lunatics Act.-1 865-6.

cient to bear i t; and the committee may and shall, in the name and

on behalf of the lunatic, execute and do all. such conveyances and things for effectuating this present provision as the Court or a

Judge shall order, and such charge may be made either to some person advancing the money, or, if the money is paid out of the- lunatic's general property, to some person as a trustee. for him, as part of his personal estate,

Where luhsoy tempo-

ray, Court or Judge 15, Where it appears to the Court or Judge, upon a report of the

m a r B p p ~ y e r a ~ Master of tha said Court, that there is reason to believe that the

aGsing f r ~ i n c o m e unsoundnes~ of	mind of	any lunatic is	in its nature tempo-
for temporary mainte-

nance, without grant, rary, and will probably be soon removed, and that it is expedient &a. that temporary provision should be made for the innintenaiice of

the lunatic, or of the lunatic and the members of his immediate

family who are dependent upon him for maintenance, ant1 that any sum of money arising from or being in the nature of income, or of ready money belonging to the lunatic, and standing to his account tvithVa banker or agent, or being in the hands of any person fbr his use, is readily available, and may be safcly and properly cpplied in that behalf, the Court or a Judge may allow thereout such amount as may bo thought proper for the temporary maintenance of the lunatic, or of the lunatic and the members of his immediate fic~mily

who are dependent upon him for maintenance, and may, instead of

proceeding to order a grant of the custody of the estate, order or

give liberty for the payment of any such surns of money as afore-

said, or any part thereof, to such person as such Court " or Judge

,

may, under the circumstances of the c: ~, think proper to intrust with the application thereof, and nmy dircct the same to be paid to

such person accordingly, and when received to be applied, and the

same shall accordingly be applied in or towards such temporary maintenance as aforesaid; mid the receipts in writing of the person

named in the order to whom payment is to be made for any moneys

payable to him by virtue thereof s l d l effectually discharge the

banker, agent, or other pcrson paying thc same from the moneys

therein respectively expressed to be received, and they respectively

are hereby directed to act upon and obey every such order; and the person so receiving any moneys by virtue of this present provision

shall pass an account before thc Master of the said Court when

required.

c ~ ~ w x d t e e may make 16. llThen a lunatic is seised of or entitled to an undivided share

a&, partition, or

exohage.	o f land, and it appea'rs to the Court or a Judge to be for his benefit, and to be expedient that n sale of the land, or a part thereof, or a putition of the land should be made, and where a lunatic is seised
of, or entitled to land, and it appears to the Court or a Judge to be
for his benefit, and to be expedient that an exchange thereof, or of part thereof for other land should bc: made, the committee of the estate, in the name and on behalf of the lunatic, under arr order
from the Court or a Judge, may concur with such other pcrson in making such sale or partition, or may make such exchange and receiqe ouch moneys payable on the sale, and give or receive such

0 moneys

29O VICTORIB, No. 19. 'U

Lunatics Act.-l 865-6.

moneys for equality of partition or exchange, or otherwise in rela-

tion thereto, as the order may direct; and all moneys received by

the committee of the estate upon such sale, partition, or exchange,

as aforesaid, shall be applied ai~cl disposed of in manner directed in section 72 of the said Lunatics Act, 1861," respecting the fines, premiums, and sums of money therein mentioned, and the land taken in charge shall bc held and assured (as nearly as may be) to the same uses and upon trusts, and subject to thc sanle powers and provisions (if any) to, upon, and subject to which the land given in exchange is held, and the comn~ittee of the estate may and shall, in the name and on behalf of the lunatic, execute and do all such con- veyances and things for effectuating this present provision as the Court or a Judge shall order.

17. The coininittee of the estate of rt lunatic may, with the Committee mny make

~ e, ~ l ~ o " " l

approbation of the Court or n Jrtdg?, signified by order on the infants or idiots under their guardiansllip hacl not been repealed by the Act passecl in the Session of Ydiament holden in the first year of the reign of King Williarn the Fourth, chapter sixty-five, section twenty-five.

application of the coinmittcc, cnter into any agreement for or on

behalf of the lunatic which the gunldian of an infmt might have

eiltered into for or on bchalf of' the infant, by virtne of the Act

passtd in the Scssion bf Parliament holdell in the first year of the

reign of King Gcorge tlic First, chapter tpn, if so much of that

*

make

18. Whefe a lunatic is seised, or possessed of, or cntitled to land Committee building and other

in fee or in tail, or to leaseldd h n d for an absolute intcrest, and it I,,,,, g.ubiect to

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

or underlease shonld be made thereof fur terms of years, for

encouraging the erections of buildings thereon, or for 'repairing

buildings actually bcing thcrcon, or otherwise improving the sttme,

in the name and on behalf of the lunatic, nndw i d e r of the Court	01- fur f'arrming or othcr purposes, the conirnittee of the estate may,
or a Judge, mdlrc such lease of the land or any part thereof, accord- ing to the lunatic's estate and intcrest therein, and the,nature and tenurc thereof, for such term or terms of years, and subject to such rents and covenants as the Court or a Judge s ld1 order.

19. If, on information ?Jefore any Special %fagistrate Or two Justicea may make ~, n

Justices, it be made to appear that any lunatic confined in any ~ ~ ~ & $ ~ c ~ ~ ~ ~ ~ c o

ilsylurn under an order made by one or more Justices has an estate, estate in certaincawn.

real or personal, applicable to his maintenaocc, and more than sufi-

cicnt to maiukilin his family, if anv, such Special Magistrate or Jus-

ticcs may make an order under h& or their hand or hands, directing

the seizure of so much moncy, or the seizure and sale of so much of

the goods and cl~attrb, or dircc ting any person, to be therein named,

to reccive and take so much of the rcnts and pr~fits of the lands and

tenements of such lunatic, or other income of such lunatic, as may

be necessary to pay for the lodging, maintenance, clothing, medicine,

and

-72 29" VICTORIZ, No. 19.

Lunatics Act.-1865-6.

IC

and care of such lunatic, the receipt of the person name& in such order to receive an7 moneys to be realized under such orcler shall be

n sufficient discharie to nay person paying' o w r m y moncys of the

lunatic in his posscssioi~: Provided that 110 snch order shnll be made in any case where n rommittcc, receiver, or guardian has been appointed for the estate of such lunatic by thc Supreme (:ourt.

folloaingOffenars

to be misdemeanore : 20. Any Eesident htedical Officer or o t h h officer or scrvant of any asylum:

Wilfully neglecting to	W h o shnll, knowii~gly	or wilfully neglrct to make due entry in
malrc entries in Uook

of Adtnission. '( rl‘llc nook of Adlrlission," ':'l'l~e h o k 3f ildmissiorls of I h l -

p m i w and Crirnillid I ,nn at,ics," ' T h e hlcclical Journal,'! or

The Case'Book," of all or any of tlic particulars by this

' Act: or the said 1.1motics Act, 1861, required to be made by

them, or any of' them rcsl)rctively:

Fra~~dulently conceal-

Or shall fraudulently conceal or nttclnl~t to concettl any part of

ing any pnticnt from

vialtors. any such asylum, or any 1)crson detained thcrein as adunatic, from the visitors, or an; otlirr pcrson 11errby or by the said Lunatic A c t, l8fi4, &tll~l.izcd to visit aid ins$ect such asylum, and the patients confined therein, or shall refuse to admit any visitor or othcr person duly authorized to visit and inspect such nsyluni.

P o t giving true Or shall not give full and trur imswrrs, to tlic l r s t of his or their

.nB,v,,8 to q,,ostion.

of ~isitors. kilo~vletlge, to all questions wllicli the visitors or other persons antlrol.izec1 under this Act or the said Lunatic Act, 1864, shall ask in rcfcrcuce to all or any of the: matters which by this Act, or tlle said Lunatics Act, 1864, they are authol.izcd to inquire into:

Hrceiving patient	Or shall rcceivc any paticnt, wlicthci. l~auper,	dnngerons, or othcr-
without order nnd

certificate required by	wise, illto any asylum ivithout the ortlcr, or order and certifi-
A C ~.	cntcs: or wrtificnte, required bp the mid Luiiatics Act, 1864,
or of this Act.
patient under spcchl

Having rrceived Or who having rcceivcd any patient w d e r s p x i d circnmstances, as rnentioncd in clause 15, of the said L~ltlatics Act, 1864,

circumstances. ncr- 8 r

mittin him to remain up011 the certificate of one Mcdical Practitioner altlonr, two

beyond three dnya

without obtaining	being required, shall perinit such patient to remain in such
certificate.	nsylunl beyo~iil the period of three clear days, without such
further certificates as are mentioned in the said clause:

W

~ i l f u l i y permitting Or shall. tlrirongh wilful neglect or connivance, permit any person

escape of any Itinntic.

confined in any such asylum to escape therefrom, or shall

sccrcte 'such person, or abet or connive at any such escape:

Ill-treating any

lunatic. Or shall sttilic, wound, ill trcat, or wilfully neglcct any patient confined iq any such asylum:

b

Shall be guilty of a miderneanor, and shall be subject to indictment for every such offence, or to forfeit, on a summary conviction thereof

before two Justices, any sum not exceeding Twenty Pounds nor less

than Two Pounds.

21. If

L

29" VICTORIZ, No, 19. 73

Lunatics Act .1866-6.

21. If any person shall, by the production of any false certificate g:~$,"~ge~;~

or otherwise, knowingly and wilfully procure any person, not being on false certificate of mldemeanOr*

insane, to be confined in any asylum, such person shall be - -

a misdemeanor.

22. If any action or suit be brought against any person for anything Action4 to be corn.

done in pursuance of thia Act, or of the said Lunatiss Act, 1864, the ,dens,	menced within twelve
same shall be commenced within twelve calendar months next after the release of the party bringing the action; and notice in writing of such action, and the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and the defendant in any such action or suit may, at his election, plead specially, or the general issue, not guilty, and give this Act
and the said Lunatics Act, 1864, and the special matter in evidence
at any trial to bc had thereupon, and that the same was done in pursuance and by the authority of this Act or the said Lunatics Act, 1861, or both; and the plaintiff shall not recover in such action, if tender of sufficient amends shall be made before action brought, or if, after action brought, the defendant shall pay into Court sufficient amends; but in such last mentioned case the plaintiff
shall recover his costs of suit up to the time of payment into Court; and if a verdict shall be found for the defendant, or if the plaintiff shall be nonsuited or discontinue his action or suit after the defen- dant shall have appeared, or if, upon demurrer, judgment shall be
given against the plaintiff, then the defendant shall recover double costs, and have such remedy for recovering the same as any de-
fendant hath or may have in ordinary cases.

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

this Act. D. DALY, Governor.

-

Adelaide : 3Xnted by authority, by W. C. Cox, Government Printer, Yictorb#qwue.

2B