Lunacy Act 1871 (WA)
WESTERN AUSTRALIA
ANNO TRIGESIMO QUARTO
VICTOR= REGIME
No. 9
An Act to provide for the Safe Custody of, and Pre- vention of Crimes by, persons dangerously Insane ; for the Care and Maintenance of persons of Unsound Mind; for the Care and Management and Disposal of the Property and Estates of such persons ; and for
| other purposes. | [Assented to 2nd January, 1871. |
| Preamble | HEREAS it is expedient to provide for the safe custody of, and the care and maintenance of persons of unsound mind; and to provideW | prevention of crimes by, persons dangerously insane ; and for |
for the care and management of the property and estates of such
84 VICTORI)E. No. 9
Lunatics
persons : Be it therefore enacted by His Excellency the Governor of the Colony of Western Australia and its Dependencies, by and withthe advice and consent of the Legislative Council thereof, as follows :-
| 1. This Act may be cited for all purposes | The Lunacy Act, short title |
1871.'
| 2. In the construction of this Act, unless inconsistent with the context or subject matter, the following terms shall have the respective meanings hereafter assigned to them respectively, that is to say | Interpretation |
Board' shall mean the Board of Inquiry hereinafter appointed.
Lunatic ' shall mean and include every person of unsound mind,
and every person being an idiot.
Asylum ' shall mean any asylum, house or place now used for the reception of lunatics ; or which may be hereafter pro- claimed for that purpose under the provisions hereinafter contained.
Justice' shall mean a Justice of the Peace for the said Colony.
Pauper ' shall mean any person having no income, property or
estate sufficient to provide for his maintenance.
' Medical Practitioner' shall mean any person who shall have obtained a certificate of his being a legally qualified medical practitioner, according to the laws of the said Colony in force for the time being.
Visitor ' shall mean any person appointed by the Governor as
Visitor under this Act.
| 3. This Act shall be divided into seven parts-- | Division of Act |
| Part I. Proclamation of lunatic asylums ; appointment of officers ; |
their powers and duties.
Part II. Admission into and discharge from asylums of lunatics
not being dangerous or criminal.
Part III. Dangerous and criminal lunatics.
Part IV. Care and management of property and estates of
lunatics.
Part V. Offences and penalties.
Part VI. Legal procedure and evidence.
Part VII. Protection of officers and general matters.
PART I
PROCLAMATION OF LUNATIC ASYLUMS; APPOINTMENT OF OFFICERS;
THEIR POWERS AND DUTIES
4. The Governor, with the advice of the Executive Council, may The Governor
from time to time, by proclamation in the ' Government Gazette,' de- ow121,ctig„'„7,:l'yee
| Clare any place or places provided or deemed suitable for that purpose to | Council may |
be an Asylum for Lunatics, and may in like manner declare that any 1:3°.?„17nu"atic
such place or places so proclaimed shall cease to be used as a Lunatic
Asylum.
5. For every such Lunatic Asylum as aforesaid there shall be Resident or
appointed some duly qualified medical practitioner as Resident or VePorir:Itgir,Pey Superintending Medical Officer, and such other officers as may be and Visitors to
| deemed necessary and proper for carrying out the duties imposed by | be appointed |
34 VICTORLE. No. 9
Lunatics
this Act ; and also fit and proper persons to be visitors of every such asylum ; and such Resident or Superintending Medical Officer and Visitors shall have and exercise the powers and authorities herein con- ferred upon them respectively.
Officers to be 6. Such Resident or Superintending Medical Officer and all other
| appointed by | Governor with officers appointed under this Act shall be appointed by the Governor |
| tivo Council advice °I Execn- with the advice of the Executive Council, and may from time to time |
be removed by the Governor with the advice aforesaid.
| Visitors to be | 7. The Visitors of each asylum shall be appointed by the Governor |
| appointed by |
Governor to re-with the advice aforesaid, and shall continue in office till the first
| first Monday m | main in office, till Monday in January in the year next following the date of their | |||
| January after appointment, and so often as any vacancy shall occur by the death, | ||||
| ||||
| Duni of | ||||
| ||||
| Medical Officer | ||||
| ||||
| to inspect, Bsc. |
instructions shall be carried out and obeyed by the Resident or Super- intending Medical Officer, unless and until the same shall have been disallowed by the Colonial Secretary.
Board of Inquiry 10. The Colonial Surgeon, the Resident or Superintending Medical
Officer and any two or more of the Visitors shall be and are hereby constituted a Board hereinafter called The Board of Inquiry,' and shall have and exercise all the powers and authorities hereinafter con- ferred upon them, and the Colonial Surgeon shall be the chairman of such Board.
PART II
ADMISSIONS INTO AND DISCHARGE FROM ASYLUMS OF LUNATICS NOT
BEING DANGEROUS OR CRIMINAL
| Provision for | 11. If an information be laid before any Justice that any pauper is |
| sending pauper |
| lunatics to | or is deemed to be a lunatic, he shall by an order under his hand and |
| asylum | seal require such pauper to be brought before him or some other Justice ; and the said Justice before whom such pauper shall be brought shall call to his assistance a medical practitioner and examine such person, and if such medical practitioner shall sign a certificate with respect to such pauper according to the form in Schedule C to this |
34 VICTORIZE. No. 9
Lunatics
Act, and if such Justice be satisfied upon view or personal examination of such pauper or other proof that such pauper is a lunatic and a proper person to be taken charge of and detained under care and treat- ment, he shall by an order under his hand (according to the form in the Schedule A No. 1 to this Act) direct such pauper to be received into some asylum duly proclaimed under this Act, and such lunatic shall he received and detained therein accordingly : Provided always that any Justice may upon his own knowledge, without any informa- tion being laid as aforesaid, examine any pauper deemed to be a lunatic at his own abode or elsewhere and proceed in all respects as if such pauper were brought before him in pursuance of an order for that purpose.
| ledge that any person wandering at large is deemed to be a lunatic rfingantrisarlgvnter | 12. Every Constable or other police officer who shall have know- Provision as to |
| apprehended and taken before a Justice.takeu cruelof, | shall immediately apprehend and take or cause such person to be being properly |
or being c
o
And any Justice may upon its being made to appear to him by treated
the information upon oath of any persons whomsoever that any person wandering at large is deemed to be a lunatic by an order under the hand and seal of such Justice require any Constable or other peace officer to apprehend and bring him before such Justice or some other Justice.
And every Constable or other police officer who shall have knowledge that any person not a pauper, and not wandering at large as aforesaid, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, shall, within three days after obtaining such knowledge, give information thereof upon oath to a Justice.
And in case it be made to appear to any Justice upon such information, or upon the information upon oath of any person whomsoever, that any person not a pauper and not wandering at large, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him,
Such Justice shall either himself visit and examine such person and make inquiry into the matters so appearing upon such information, or by an order under his hand and seal direct and authorise some medical practitioner to visit and examine such person and make such inquiry, and to report in writing to such Justice his opinion thereupon ; and in case upon such personal visit, examination and inquiry by such Justice, or upon the report of such medical practitioner, it shall appear to such Justice that such person is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him,
Such Justice may, by an order under his hand and seal, require any Constable or other peace officer to bring such person before any two Justices ; and such Justices shall comprise the Resident or Police Magistrate and one other Magistrate or any two other Justices.
And the Justice or Justices, as the case may be, before whom any
81 VICTORIE. No.
Lunatics
such person as aforesaid in the respective cases aforesaid is brought under this section shall call to his and their assistance a medical practitioner, and shall examine such person, and make such inquiry relative to such person as he or they shall deem necessary.
And if upon examination of such person or other proof such Justice be satisfied that such person so brought before him is a lunatic, and was wandering at large, and is a proper person to be taken charge of or detained under care and treatment ;
Or any such two Justices be satisfied that such person so brought before them is a lunatic, and is not under care and control, or is cruelly treated and neglected by any person having the care or charge of him, and that he is a proper person to be taken charge of and detained under care and treatment ; and if such medical practitioner sign a certificate with respect to every such person so brought either before one Justice or two Justices, according 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 and seals, according to the form in Schedule A No. 1 to this Act, direct such person to be received into any asylum duly proclaimed as aforesaid ; and such person shall forthwith be conveyed to and detained in such asylum accordingly : Provided always that any Justice may, upon such information on 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 of the cases aforesaid, examine the person deemed to be a lunatic at his own abode or elsewhere, and proceed in all respects as if such person were brought before him or them as hereinbefore mentioned : Provided also that the said Justice or Justices may suspend the execution of any such order for removing any such person as aforesaid 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 persons, 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 Visitor of the asylum in which such lunatic is or is intended to be placed, that such lunatic will be properly taken care of.
| No pauper to be | 13. No pauper shall be received into any asylum (save under the |
| received into |
| asylum without | provisions herein contained) without an order according to the form |
| certain order | required in the said Schedule A No. 1, under the hand of one Justice, |
| and certificate | together with such statement of particulars as is contained in the same schedule ; nor without a medical certificate, according to the form in the said Schedule C, signed by one medical practitioner, who shall have examined him previously to his reception. |
| No person not a | 14. No person, not a pauper, shall be received into any asylum |
| pauper shall be |
| nceived into | (save under the provisions herein contained) without an order under |
84 VICTORLE. No. 9
Lunatics
| the hand of some person according to the form in Schedule B to this | asylum without certain order and |
| Act, together with such statement of particulars as is contained in the | certificate |
| same schedule ; nor without the medical certificate, according to the form and containing the particulars required in Schedule C to this Act, of two medical practitioners, neither of whom shall be in partnership with, or an assistant to the other ; and each of whom shall, separately from the other, have personally examined the person to whom it relates not more than seven clear days previous to the reception of such person into such asylum ; and such order as aforesaid may be signed before or after medical certificate, or either of them : Provided always that any person may, under special circumstances 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 the statement accompanying such order set forth the special circumstances which prevented the examination of such person by two medical prac- titioners ; but in every such case two other such certificates shall, within three clear days after the reception of such patient into such asylum, be signed by two other medical practitioners not in partner- ship with or an assistant to the other, or the medical practitioner who signed the certificate upon which the patient Was received, and who shall within such time, separately from the other of them, have personally examined the person so received as a lunatic. | |
| 15. Every medical practitioner signing any certificate under or for the purposes of this Act, shall specify therein the facts upon which he | Medical certifi- cate to specify |
| facts upon which | |
| has formed his opinion that the person to whom such certificate relates | opinion of in-sanity has been |
| is a lunatic, an idiot, or a person of unsound mind ; distinguishing, in | formed |
| such certificate, facts observed by himself from facts communicated to him by others ; and no person shall be received into any asylum under any certificate which purports to be founded only on facts communi- cated by others. | |
| 16. Where any person has been found lunatic by inquisition or other proceeding in the Supreme Court, an order signed by the com- | tion of patientOrder for recep- |
| found lunatic by | |
| mittee appointed by the said Court, and having thereto annexed an | inquisition |
| office copy cf the order appointing such committee, shall be sufficient authority for the reception of such person into any asylum, without any further order or any medical certificates as hereinbefore mentioned. | |
| 17. The Resident or Superintending Medical Officer shall, within two days after the admission of any person into the asylum, make an | Resident or Superintending |
| Medical Officer | |
| entry with respect to such patient in a book to be kept for that purpose, | to make certainentries on ad- |
| to be called the Book of Admissions,' according to the form and con- | mission or dis- |
| taining the particulars required in Schedule D No. 1 to this Act, as far | charge of |
| patients | |
| as he can ascertain the same, except as to the discharge or death of some patient, and the dates of examination by such Resident or Super- intending Medical Officer, or by the Board of Inquiry, which shall be made when the same shall happen, or within two days thereafter ; and in case of removal, such Resident or Superintending Medical Officer shall further make entry in such book by whom such patient was removed, and in what state of mind such patient shall have been removed. | |
| 18. The Resident or Superintending Medical Officer shall once in ,every week enter in a book to be kept for that purpose, to be called | Resident or Superintending |
| Medical Officer | |
| ' The Medical Journal,' a statement according to the form in Schedule | to keep books to |
34 VICTORI/E. No. 9
Lunatics
| he caned the | D No. 2, showing the number of patients of each sex then in such |
| • Medical | Journal' andasylum, the Christian and surname of every patient (not being confined |
| • The Case Book' in such asylum as criminal or dangerous) who is or has been under |
restraint or in seclusion since the last entry, and when and for what period and reasons, and (in case of restraint) by what means, and the Christian and surname of every patient under medical treatment • and for what, if any, bodily disorder, and every death, injury, or violence which shall have happened to or affected any patient since the then last preceding entry ; and distinguishing in such Medical Journal' one class of patients from another, by affixing to the name of each pauper patient entered therein the letter P ; to the name of each dangerous or criminal lunatic entered therein the letters D, or C, as the case may require ; and such Resident or Superintending Medical Officer shall also enter in a book, to be called ' The Case Book,' as soon as may be after the admission of any patient, the mental 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 shall continue in the asylum.
| Statement of | 19. In case of the death of a pauper patient in any asylum a |
| patients dying to statement of the cause of the death of such patient shall be drawn up | be transmitted | |
|
asylum, and a copy thereof duly certified by him shall be by him transmitted to the Colonial Secretary within two clear days of the death of such patient.
| Visitors to visit | 20. Every such asylum shall be visited once every week at least |
at /east once a by some one or more of the Visitors, who shall inquire what occupationweek and to
| inquiries whether there has been adopted any system of non-coercion, and if so | institute certain or amusements are provided for the patients, and the result thereof ; |
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 other inquiries as to such Visitor shall seem expedient.
| Books, caitiff- | 21. Upon every visit of the Visitors there shall be laid before them |
Gates, &a., to he by the Resident or Superintending Medical Officer the several bookslaid before
| visit | visitors at each by this Act required to be kept, and also all orders and certificates |
relating to patients admitted since the last visitation of the Visitors, and also all such other orders, certificates, documents and papers relating to any of the patients at any time received 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.
| Book to be kept | 22. There shall be hung up in some conspicuous part of every |
called' Visitors' asylum a plan thereof, and there shall be kept in every asylum a copyBook; in which
| suit of inquiries the Visitors shall at the time of their respective visitations enter | to be entered re- of this Act, bound up in a book to be called The Visitors' Book,' and |
therein the result of their inspections and inquiries hereinbefore directed or authorised to be made by them, with such observations (if any) as they shall think proper, and also such observation as they may think fit respecting the state of mind or body of any patient in suck asylum, and the said Visitor shall transmit a copy of the minutes so to be made and of the Book of Admission' at least once in every three calendar months to the Colonial Secretary.
34 VICTORI}E. No. 0
Lunatics
23. Within forty-eight hours after any person is admitted into any Within forty- asylum under the foregoing provisions the Resident or Superintending ealtror Medical Officer and the officer next in authority to him shall examine patients, exaini-suchperson, and unless they shall be fully satisfied that such person is intatetytonbescident
a lunatic or of unsound mind the Resident or Superintending Medical or Superintend- Officer shall convene a meeting of the Board of Inquiry, and such Board titicAeCtt1officer next in
| shall hold an inquiry into the state of mind of such person. | authority, who |
24. Such meeting shall be held not later than three days after the Iferotgrg,is
examination so to be held by the Resident or Superintending Medical to call meeting
| Officer and officer next in authority as aforesaid, and the Board may 7f4„ | o I |
take such evidence upon oath or affirmation (which oath or affirmation Board to take the chairman for the time being of such Board is hereby authorised to ,elliVeneLnIrr administer) as to them may seem advisable, and if upon due inquiry at),;isehargeer such Board shall be of opinion that there is no sufficient proof of the :futiv=to insanity of the person on whom such inquiry shall be held, they shall them may seem forthwith order the immediate release of such person, and he shall be fit
forthwith released accordingly.
25. At the meetings of such Board of Inquiry the Colonial Surgeon Quorum of Board
or the Resident or Superintending Medical Officer and two of the Visitors shall form a quorum, and may do and perform all matters and things by this Act authorised to be done and performed by such Board.
| a quorum be not present, the members present may adjourn the meet- adjourned | 26. If at the time appointed for any meeting of the Board of Inquiry Meetings may be |
ing to some subsequent day not later than two days from the day originally appointed ; and in case the inquiry cannot be conveniently concluded in one day the meeting may be adjourned from time to time as to such Board may seem expedient.
27. It at any meeting of such Board the Colonial Surgeon be not if Colonial
| present the Resident or Superintending Medical Officer shallpreside ;;r:rntlitde,it | or Superintend- |
| thereat. | ing Medical |
| 28. The chairman of such Board of Inquiry may by summons under 10:11f | iterm a | ton b e |
his hand (which summons may be in the form in the Schedule B to c„a„...„ ofthis Act) require any person to appear before such Board at the time Board may !Silts
andplace named in such summons, to testify the truth touching any renlaa"„sZorithe
matters under inquiry by such Board or relating to the execution of the witnesses
powers given by this Act, and every person who shall not appear before
the said Board pursuant to such summons without assigning some
reasonable cause for not appearing, or, appearing, shall refuse to be
sworn or examined, shall on conviction of every such neglect or refusal
forfeit and pay a penalty not exceeding fifty pounds nor less than ten
pounds.
| 29. Any visitor or any Justice may at any hour of the day or night Vis a d | itors n |
| enter and inspect any asylum, and the patients confined therein ; | and inspect |
| Provided that if in the opinion of the Resident or Superintending Medical Officer the inspection of any such patient by any Justice may be likely to prove injurious to such patient, the Resident or Super- intending Medical Officer may refuse to allow such inspection by such Justice ; and in case of such refusal, an entry giving the reasons for such refusal, shall be forthwith made in the Visitors' Book and signed by the Medical Officer so refusing. |
34 VICTORI. No. 9
Lunatics
| •Iisitors may | 30. Any three of the Visitors of any asylum may by writing under |
| order discharge their hand order the discharge of any person detained in such asylum | of patients or |
| allow them to he under any of the foregoing provisions, whether such person be recovered | |
| absent on trial or not ; and any two of the Visitors with the advice in writing of the |
Resident or Superintending Medical 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 expiration 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 period be retaken as herein provided in the case of an escape.
| visitors may die- | 31. On application being made to the Visitors of any asylum by any |
Charge Pa"Per relative or friend of a pauper lunatic confined therein, requiring thatpatienton under-
taking of relative he may be delivered over to the custody or care of such relative or
or friend that he friend, any two of the Visitors aforesaid may (if they think fit, andshall be properly
eared for upon the undertaking in writing of such relative or friend to the satisfaction of such Visitors, that such lunatic shall be properly taken care of, and shall be prevented from doing injury to himself or others) discharge such lunatic.
| Person who | 32. If any person who signed the order on which any patient (not |
signed order for being a pauper) was received into any asylum, shall by writing underthe reception of a private patient his hand direct that such patient be discharged or removed, then and
may order his
discharge orin such case such patient shall forthwith be discharged or removed as
| removal | the person who signed the order for his reception shall direct. |
| Provision where33. If any person who signed the order upon which any patient the person who (not being a pauper) was received into any asylum be dead or be | signed th e order for reception iaincapable by reason of insanity, absence from the said Colony or other- | i |
| deador incapable wise of giving an order for the discharge or removal of such patient, | of acting |
then the husband or wife or (if there be no husband or wife or they be incapable as aforesaid), the father or (if there be no father or he be incapable as aforesaid) the another of such patient or (if there be no mother or she be incapable as aforesaid) any one of the nearest of kin for the time being of such patient, by writing under his or her hand, may give such directions as aforesaid for the discharge or removal of such patient ; and thereupon such patient shall be removed or discharged
•
accordingly.
| Patient not to | 34. No patient shall be discharged under either of the two last |
| be discharged | when certified to | foregoing provisions, if the Resident or Superintending Medical Officer |
| he dangerous | of the asylum in which such patient is, shall certify in writing under |
| with"' consent his hand that in his opinion such patient is dangerous and unfit to | of -Visitors |
be at large, together with the grounds -upon which such opinion is founded Provided always that if two of the Visitors of such asylum shall, after such certificate shall have been produced to them, give their consent in writing to such patient being discharged, he may be discharged accordingly.
| Orders and | 35. If after the reception of any lunatic into any asylum it shall or either of the medical certificates upon which he was received, is or are in any respect incorrect or defective, such order and medical |
| medical certifi- | |
| cates may be | appear that the order or medical certificate, or (if more than one) both |
| amended |
84 VICTORIA';. No. 9
Lunatics
certificate or certificates may be amended by the person or persons signing the same 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.
| received into any asylum or any of such certificates is deemed by the goefativo corn- | 36. When any medical certificate upon which a patient has been Provision as to |
Visitors incorrect or defective, and the same is or are not duly amended to their satisfaction within fourteen days next after the reception of such patient, the Visitors or any two of them may forthwith order the discharge of such patient.
37. If any two householders shall make application to any Justice, on application of
| supported by affidavit, that they believe any person confined in any | ovalehr°suLtice |
asylum to be sane, and that no inquiry has been held by the Board max order
preceding the date of such application, such Justice shall make an Medical Officerof Inquiry into the sanity of such person for a period of three months sun
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 discharge of such person or otherwise as to them shall seem fit.
order directing the Resident or Superintending Medical Officer to call o of slunmua royn °
a meeting of the Board of Inquiry for the purpose of holding an
examination of such person, and such Resident or Superintending
PART III
DANGEROUS AND CRIMINAL LUNATICS
38. If any person shall be discovered and apprehended under Justices to Corn-
in strict custody until such person shall be discharged as hereafter provided : Provided always that every such person, while so detained in such asylum, shall have the liberty and privilege of seeing his friends and legal advisers at all reasonable times.
circumstances denoting a derangement of mind and a purpose of Vnta'ttensgm"3
committing suicide or some crime for which if committed such person
would be liable to be indicted, any two Justices before 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
apprehended and upon proof on oath by the said medical practitioner
to the effect that in bis opinion such person is a dangerous lunatic
or a dangerous idiot, or (in case such medical assistance cannot be
obtained) on any other proof the said Justices shall be satisfied that
such person is a dangerous lunatic or a dangerous idiot, then they may
by an order under their hands according to the form in the Schedule A
39. The particulars annexed to the order of committal shall be Particulars to be forthwith after the reception of the person therein named into any of tili,139%kr asylum entered in a book to be called The Book of Admissions of dangerous and
| Dangerous and Criminal Lunatics,' which shall be kept by the Resident criminal | al lunatics |
| or Superintending Medical Officer of every asylum, and in which shall be entered from time to time the dates of the admission, death, |
34 VICTORI/E. No. 9
Lunatics
discharge or otherwise of every such person, and which book shall be
produced to the Visitors at every visitation.
| Two Visitors on | 40. The Resident or Superintending Medical Officer or any two of |
medical certifi-
| cate may order | the Visitors of any asylum (of whom the Colonial Surgeon shall be |
| discharge of any | |
| person com- | one), on the receipt of a certificate signed by two medical practitioners |
| mitted as dan. | that any person contained therein as a dangerous lunatic is no longer |
| gerous lunatic | a dangerous lunatic, and may be suffered to go at large with safety (such certificate setting forth that such person has been personally examined by the medical practitioner signing the same), may order such person to be forthwith discharged. |
| Power to dis- | 41. The provisions hereinbefore contained in Part II. of this Act |
| charge danger- |
| ous lunatic Or | in reference to the discharge of lunatics or the undertaking of friends |
| undertaking of | |
| friends and | or relatives for their safe custody, and the proceedings to obtain an |
| powers of Board | order of Justices for an examination by the Board of Inquiry and the |
| of Inquiry | powers of such Board to order the discharge of any person confined in such asylum, shall extend and apply to persons confined in any such asylum as dangerous lunatics. |
| Colonial' Score- | 42. If any person sentenced and ordered to be kept in any gaol |
| tory may order or |
criminal lunatics prison in the said Colony shall be shown to the satisfaction of
to be conveyed the Governor in Executive Council to be insane or to be unfit from
to asylum imbecility of mind for penal discipline, the Colonial Secretary may,
by warrant under his hand, direct such person to be conveyed to and kept in such Asylum, and thereupon such person shall be removed accordingly, and with him shall be transmitted a certificate in the form in the Schedule A No. 3 hereto, duly filled up and authenticated ; and the contents of every such certificate shall be transcribed into ' The Book of Admissions of Dangerous and Criminal Lunatics ' before mentioned.
| Colonial Serra- 43. If it shall be certified to the satisfaction of the Governor and insane personsbanntaY dir"t Executive Council by two medical practitioners that any person committed for committed to prison for trial for any offence is insane or is an idiot, the | tni | ro |
|
the meantime admitted to bail by some legal authority) until the sessions or commission at which such person should be brought to trial or indicted according to the due course of law ; and that such person shall then be remitted to the custody of the keeper or governor of the gaol or other person in whose custody such person may have been, under the terms of the original committal in order to his being indicted and tried for such offence or otherwise disposed of according to law : Provided always that every such person, while so detained in such asylum, shall have the same liberty and privilege of seeing his friends and legal advisers at all reasonable times, which he would have had in the gaol or other prison from which he may have been removed.
Colonial Score- 44. The Colonial Secretary may by warrant under his hand direct
| tory may ord | removM of aer that any person confined in any asylum shall be removed to any other | |
| lunatic from one asylum ; and such person shall thereupon be received into suchasylum to | ||
| ||
| ||
|
34 VICTORDE. No. 0
Lunatics
in confinement under sentence of death is then insane, either by means removed by of a certificate in writing to that effect in the form given in Schedule Njairr,1 of F, transmitted to him by two or more of the Visiting Justices of the tourymiti:Luencaril,
prison in which such prisoner under sentence of death is confined, or AsYhua
by any other means whatsoever, the Governor shall appoint two or
more medical practitioners to inquire as to the insanity of such
prisoner ; and if on such inquiry the prisoner shall be found to be then
insane, the fact shall be certified in writing by such persons to the
Governor ; and on receipt of such certificate the Governor shall direct,
by warrant under his hand, that such prisoner shall be removed to
such lunatic asylum or other proper receptacle for insane prisoners as
aforesaid ; and every person so removed under this Act, or already
removed and in custody under any other enactment relating to insane
prisoners not under civil process, shall remain in confinement in such
asylum or other proper receptacle as aforesaid, or in any other lunatic.
asylum or other proper receptacle to which such person may be
removed by any like warrant, which the Governor is hereby empowered
to issue if he shall think fit, until it shall be duly certified to the
Governor by two medical practitioners that such person is sane ; and
upon the receipt of such last mentioned certificate the Governor is
hereby authorised to issue a warrant, under his hand, directing (if the
period of imprisonment or custody of such person shall have expired)
that he or she shall be discharged ; or, if such person shall still rrsners being
remain subject to be continued in custody, that he or she shall be &TA= to be
removed to any prison or other place of confinement, in which he or
she may be lawfully confined to undergo his or her sentence of death
or other sentence ; or, if under sentence, to be dealt with according to
law, as if no such warrant for his or her removal to a lunatic asylum
had been issued.
46. In all cases where it shall be given in evidence upon the trial Jury acquitting
| of any person charged with any treason, murder, felony or misde- | urgencs"ofil the |
| meanour that such person was insane at the time of the commission of ground of in- | such offence, and such person shall be acquitted, the jury shall be Isztetrostatetre | |
| ||
| ||
| was acquitted by them on account of such insanity ; and if they shall so find the Court before whom such trial shall be bad shall order such person to be kept in strict custody in some asylum, and in such manner as to the Court shall seem fit, until the Governor's pleasure shall be known ; and thereupon the Governor may give such order for the safe custody of such person during his pleasure, in such place and in such manner as to the Governor shall seem fit. |
47. When by reason of the expiration of his term of imprisonment when sentence
or otherwise, any criminal lunatic would (if duly certified to be of esiriens,„'nritew"''
sound mind) be entitled to his discharge, the Governor, with the advice may be transi.
of the Executive Council, upon a certificate by two medical practitioners ociarseyluDmilsert
that such person continues to be of unsound mind, may by warrant sfitioVefionrglunatics.
under his hand order that such person be removed to the portion of criminals
such asylum set apart for persons not criminals, there to be subjected
to the same care and treatment and to be dealt with in all respects as
lunatics not being criminals.
48. The Governor, with the advice of the Executive Council, may Governor may
34 VICTORItE. No. 9
Lunatics
| grant leave of | by warrant under his hand permit any person so confined in any |
| absence on con- | |
| dition | such asylum as a dangerous or criminal lunatic to be absent therefrom 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 remaining absent, may be retaken and dealt with as hereinafter prescribed in the case of an escape. |
| Escaped lunatics | 49. In case of the escape of any person confined in any asylum, whether dangerous, criminal or otherwise, he may be retaken any time by the Resident or Superintending Medical Officer or any officer or servant belonging to such asylum, or any person assisting such Resident or Superintending Medical Officer, officer or servant in this behalf, or any other person authorised in this behalf by the Colonial Secretary or Resident Magistrate or Superintending Medical Officer, and shall be conveyed to and received and retained in such asylum. |
| may be re- | |
| captured |
PART IV
CARE AND MANAGEMENT OF PROPERTY AND ESTATES OF LUNATICS
| Lunatics' pro. | 50. Whenever any person shall be lunatic or of unsound mind so |
| PertY may be | as to be incapable of managing his affairs, and shall be so found by |
| sold, ortgaed, | , |
| &a, for debt, | ththe Supreme Court or any Judge thereof, either by any inspection, or |
| maintenance, &c. | upon inquiry before a jury or otherwise ; and it shall appear to the said Court, or any Judge thereof, to be just and reasonable, or for the lunatic's benefit, such Court or Judge may order that any of the estate or interest of the lunatic in real or personal estates, either in possession, reversion, remainder, contingency or expectancy, be sold or charged by way of mortgage, or otherwise disposed of as may to such Court or Judge seem most expedient for the purpose of raising money to be applied, and such Court or Judge may accordingly order that the money when raised be applied for or towards all or any of the purposes following :- |
(r.) The payment of the lunatic's debts and engagements.
(ii.) The discharge of any incumbrances to his estates.
(m.) The payment of any debt or expenditure incurred or made
after inquisition, or authorised by such Court or Judge to be incurred or made for the lunatic's maintenance, or otherwise for his benefit.
(iv.) The payment of or provision for the expenses of his future
maintenance.
(v.) The payment of the costs of applying for, obtaining, and
executing the inquiry, and of opposing the same.
(vi.) The payment of the costs of any proceeding under, or con- sequent on the inquisition, or incurred under order of such Court or Judge.
(vii.) The payment of the costs of any such sale, mortgage, charge, or disposition as is hereby authorised to be made : and the committee of the estate may and shall, in the name or on behalf of the lunatic, execute, make, and do
34 VICTORIE. No. 9
Lunatics
all such conveyances, deeds, transfers and things relative to any such sale, mortgage, charge, or other disposition as aforesaid and for effectuating this present provision, as such Court or Judge shall order.
51. In case of a charge or mortgage being made under this Act Modes in which
| upon an interest in | continaency, or in reversion, remainder or ex- a | ftil,teuerm | e maaionhte | ar'-0 |
| pectancy, for the expenses of the future maintenance of such lunatic, when interest | b |
the Court or Judge may direct the same to be payable and paid, either not
contingently (if the interest charged be a contingent one) or upon the
happening of the event (if the interest be depending upon an event
which must happen) and either in a gross sum or in annual or other
periodical sums, and at such times, in such manner, and either with
or without interest, as shall be deemed expedient : and any charge
already made which would have been valid if made after this Act shall
be and is hereby declared to be valid.
| 52. When it appears to the Court or Judge to be for the lunatic's benefit, such Court or Judge may order that the whole or any part of | Expenses of Im- provements may |
| be charged on | |
| any moneys expended or to be expended under any order for the per- | estates |
| manent improvement, security or advantage of the land of the lunatic, or of any particular part thereof, shall with interest be a charge upon or be raisable out of the lunatic's estate and interest on the land, or such particular part thereof as aforesaid : but so that no right of sale or foreclosure during the lifetime of the lunatic be given or acquired, under or by virtue of the charge : and the interest shall be kept down during the lunatic's lifetime out of the income of his general estate, as far as the same shall be sufficient to bear it : 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 property) to some person as a trustee for him as part of his personal estate. | |
| 53. On any moneys being raised by sale, charge, or other dis- position of land made in pursuance of any of the foregoing provisions, | Surplus of the |
| moneys to be of | |
| the saint nature | |
| the person whose estate is sold, mortgaged, charged, or otherwise | as the estate |
| disposed of, and his heirs, next of kin, devisees, legatees, executors, administrators, and assigns, shall have such and the like interest in the surplus moneys remaining after the purposes'for which the moneys have been answered, as he or they would have had in the estate if no sale, mortgage, or other disposition thereof had been made ; and the surplus moneys shall be of the same character and nature as the estate sold, mortgaged, charged, or otherwise disposed of, and the Court or a Judge may make orders and direct such conveyances, deeds and things to be executed and done (which may and shall accordingly be executed and done) as may be necessary for the effecting this present provision and for the due application of the surplus moneys. |
54. Where it is made to appear to the Court or a Judge that the Where property
| net amount, or net estimated value, of the property of the lunatic ovrerg:10, | 1„cyr" |
| does not exceed the sum of five hundred pounds sterling, and it art:. |
appears, having regard to the situation and condition in life of the lunatijs main-
lunatic and his family, and the other circumstances of the case, to be grtmamle %vathout
34 VICTORIZE. No. 9
Lunatics
expedient that the amount or value of his property should be made
available for his maintenance in a direct and inexpensive manner, andi
that the same can be safely and properly done, such Court or Judge
may, instead of proceeding to order a grant of the custody of the estate, order or allow that the amount of the property (if in money or stock), or if of any other description the produce thereof when realised, be paid or transferred to such relative of the lunatic or such other person as such Court or Judge may think proper to entrust with the application thereof, to be by him applied in or towards the maintenance of the lunatic, either at his direction or in such manner and subject to such control as such Court or Judge may direct, and for the purposes of giving effect to any such order such Court or Judge may order any real estate or other property of the lunatic to be sold and a valid conveyance or transfer thereof to be executed or made by such person as such Court or Judge shall direct.
| where lunacy | 55. Where it appears to the Court or Judge upon a report of the |
temporary Court Master of the said Court that there is reason to believe that the un-
or Judge may
apply cash arising fromsoundness of mind of any lunatic so found by inquisition is in its theme for tom. nature temporary and will probably be soon removed, and that it is penury mainten- expedient that temporary provision should be made for the main-'ince without grant, Sc. tenance of the lunatic or of the lunatic and the members of his
immediate family who are dependent upon him for maintenance, and 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 with a banker or agent, or being in the hands of any person for his use, is readily available and may be safely and properly applied in that behalf, the Court or Judge may allow thereout such amount as may be thought proper for the temporary maintenance of the lunatic or of the lunatic and the members of his immediate family who are dependent upon him for maintenance, and may, instead of proceeding to order a grant of the custody of the estates, order or give liberty for the pay- ment of any such sums of money as aforesaid or any part thereof to such person as such Court or Judge may under the circumstances of the case think proper to entrust with the application thereof, and may direct the same to be paid to such person accordingly, and when received to be applied in or towards such temporary maintenance as aforesaid, and 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 shall effectually discharge the banker, agent or other person paying the 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 the Master of the said Court when required.
| Committee may | 56. When a person having contracted to sell, mortgage, let, divide, |
| nv eY 'a I" pnce of | exchange or otherwise dispose of any land, afterwards becomes lunatic, |
| erforma |
contracts and the contract is not performed, and is such as the Court or a Judge
thinks ought to have been performed, or a specific performance of the contract, either wholly or so far as the same remain to be performed, has been decreed or ordered by the Court in its Equitable Jurisdiction either 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
31 VICTORDE. No. 9
Lunatics
or a Judge, on the application of the party claiming the benefit of the contract with the lunatic or any plaintiff in the suit, receive and give an effectual discharge for the money payable to the lunatic or so much thereof as remains unpaid, and make such conveyance of the land to such person and in such manner as the Court or a Judge may order.
57. Where a person being a member of a co-partnership firm court or Judge becomes lunatic the Court or a Judge may by order, on the application Ta ut= rar,„ of the partner or partners of the lunatic, or of such other person or committee may persons as such Court or Judge shall think entitled to require the 2,1,74YrTylr same, dissolve the partnership, and thereupon or upon a dissolution of
the partnership by decree of the Court in Equity or otherwise by due course of law, the committee of the estate, in the name and on behalf of the lunatic, may join and concur with such person or persons in disposing of the partnership property, as well real as personal, to such person upon such terms and in such manner, and may and shall execute and do such conveyance and things for effectuating this present pro- vision, and apply the moneys payable to the lunatic in respect of the share and interest in the co-partnership in such manner as the Court or a Judge may order.
58. Where a lunatic is seized of or entitled to an undivided share Committee may
| of land, and it appears to the Court or a Judge to be for his benefit wake sale, parti | - |
| tion,or exc | hange |
and to be expedient that a sale of the land or a part thereof, or a parti- tion of the land should be made, and where a lunatic is seized 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 be made, the committee of the estate, in the name and on behalf of the lunatic, under an order from the Court or a Judge, may concur with such other person in making such sale or partition, or may make such exchange and receive such moneys pay- able on the sale and give or receive such moneys for equality of partition exchange or otherwise in relation 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 and dis- posed of in manner directed in Section 72 of this Act respecting the fines, premiums and sums of money therein mentioned ; and the land taken in exchange shall be held and assured (as nearly as may be) to the same uses and upon the same trusts and subject to the same powers and provisoes (if any), to, upon and subject to which the Land given in exchange is held ; and the committee of the estate may and shall in the name and on behalf of the lunatic execute and do all such convey- ances and things for effectuating this present provision as the Court or a Judge shall order.
59. Where a lunatic is seized or entitled to land in fee simple, and Committee may
it appears to the Court or a Judge to be for his benefit that the same .7,1.!,',11',gd
or any part thereof be mademvailable for building purposes, and that poses
to that end the same should, in lieu of being demised for long terms
of years, be absolutely sold, the Court or a Judge may order the same
to be sold accordingly to such persons, in such quantities, upon such
terms and in such manner as to the Court or Judge may seem expedient ;
and the moneys arising thereby shall be applied and disposed of in
manner directed in Section 72 of this Act respecting the surplus
34 VICTORIJE. No. 9
Lunatics
moneys therein mentioned ; and the committee of the estate 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 Judge shall order.
| Committee may | 60. Where a lunatic is entitled to a lease for a life or lives or for a the committee of the estate may in his name and on his behalf under an order of the Court or of a Judge by deed surrender the lease, and in the name and on behalf and for the benefit of the lunatic accept a new lease of the premises comprised in the lease surrendered for such number of lives or for such term of years, either absolute or deter- minable as aforesaid, as was mentioned or contained in the lease surrendered at the making thereof or otherwise as the Court or a Judge shall order. |
| surrender lease | |
| and accept | term of years, either absolute or terminable on a death or otherwise, |
| renewal | |
| Charges of | |
| renewal to be | 61. Every sum of money and consideration paid by a committee or and all reasonable charges incident thereto, may be paid out of the lunatic's estates or may be a charge upon the leasehold premises as the Court or a Judge shall order. |
| charged on | other person in the nature of or as fine, premium or income or renewal, |
| estates | |
| New /eases to be | |
| to the same uses | 62. Every lease renewed shall operate and be to the same uses and be liable to the same trusts, charges, incumbrances, dispositions, devises and conditions as the lease surrendered was subject to or would have been subject to if the surrender had not been made. |
| Committee may | 63. Where a lunatic has been engaged in a trade or business, and it appear to the Court or a Judge to be for the benefit of the lunatic or his estate that the business premises should be disposed of, the com- mittee 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 interest in the same, to such person, and shall apply the moneys arising thereby in such manner as the Court or a Judge shall order. |
| assign business | |
| premises | |
| Committee may | |
| dispose of unde- | 64. Where a lunatic is entitled to a lease for a life or lives or for a term of years, either absolute or determinable on a death or otherwise or to an under-lease of whatsoever nature, and it appears to the Court or a Judge to be desirable and for the benefit of the lunatic or his estate that the lease or under-lease 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, surrender, assign or otherwise dispose of the lease or under-lease to such person for such valuable or nominal or other consideration, upon such terms, by such conveyances and in such manner, and shall apply the moneys (if any) arising thereby in such manner, as the Court or a Judge shall order. |
| sirable lease | |
| Committee may | 65. The committee of the estate of a lunatic may, with the approba- the committee enter into any agreement for or on behalf of the lunatic which the guardian of an infant might have entered into for or on behalf of the infant by virtue of the Act passed in the Session of Parliament holden in the first year of the reign of KingKinn. George the First, C. 10, if so much of that Act as related to agreements of guardians |
| m | i G | akeee,algr | ., ece. m | 10ent, tion of the Court or a Judge signified by order, on the application of |
34 VICTORIA. No. 9
Lunatics
for or on behalf of infants or idiots under their guardianship had not been repealed by the Act passed in the Session of Parliament holden in the first year of the reign of King William IV., c. 65, s. 25.
| to leasehold land for an absolute interest, and it appears to the. Court °Veer =Wing or | 66. Where a lunatic is seized or entitled to land in fee or in tail, or committee may |
or Judge to be for his benefit that a lease or under-lease should be subject to such made thereof for terms of years, for encouraging the erection of O.vaersintiseeZt buildings thereon, or for repairing buildings actually being thereon, or order
otherwise improving the same, or for farming or other purposes, 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 lease of the land or any part thereof, according to the lunatic's estate and interest therein, and the nature and tenure thereof, for such term or terms of years, and subject to such rents and covenants, as the Court or a Judge shall order.
67. Where a lunatic is seized or possessed of, or entitled to land in Committee mar
fee or in tail, and it appear to the Court or a Judge to be for his benefit lateastseet„;
that any mine or quarry already opened in, upon or under the land oPened
should be worked, the committee of the estate may, in the name and
on behalf of the lunatic, make such lease of the mines, quarries,
minerals, stones and substances, in or upon or under the land, either
with or without any land convenient to be held therewith, and with
or without the surface, to such person, for such term or terms of years,
and subject to such rates, royalties, reservations, covenants and agree-
ments, and in such manner and form as the Court or a Judge shall
order.
68. Where a lunatic is seized or possessed or entitled to land in fee Committee may
or tail, and it appears to the Court or a Judge either to be necessary ‘f`or
for the maintenance of the lunatic and the members of the immediate of lunatic Orak
family for whom provision is directed to be made, or to be expedient f=7,;,tese
in a due course of management, that any mine or quarry being in, un°Pened
upon or under the land, should be opened and worked, 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 lease of the mines, quarries,
minerals, stones and substances, in, upon or under the land, although
not already opened or worked, and either with or without any land
convenient to be held therewith, and with or without the surface, to
such person, for such term or terms of years, and subject to such rents,
royalties, reservations, covenants, and agreements, and in such manner
and form, as the Court or a Judge shall order.
| by the last preceding section is authorised to be made, by reason of its lo‘pheenrede nmthneissesary | 69. Where the Court or a Judge makes any such order, as in and Produce of newly |
| appearing to him to be necessary for , the maintenance of the lunatic fortunatic's th and the members of his immediate family as aforesaid, that the mine Itearapnaprj, | be |
| or quarry should be opened or worked, then the moneys arising thereby | carp |
shall be applied in or towards such maintenance as aforesaid, in such separate account manner as the Court or a Judge shall direct ; and in such case the id be="dered surplus thereof, and in every other case all the moneys so arising, shall
be carried to a separate account, and may be applied for or towards all or any of the purposes for which moneys are hereinbefore authorised to be raised by sale of the lunatic's estate, or in such other manner for the
| VOL. I. | G G |
84 VICTORI)E. No. 9
Lunatics
lunatic's benefit as the Court or a Judge shall direct •' and upon the lunatic's death the moneys remaining on the credit of such separate account shall, as between the representatives of his real and of his ,
personal estate, be considered as real estate.
| Committee may | 70. Where a lunatic has a limited estate only in land, and any of his estate may and shall, 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 this present provision, shall be applied and disposed of in manner directed in Section 72 of this Act, respecting the fines, premiums and sums of money thus mentioned. |
| execute leasing | |
| Powers of | power whatsoever of leasing the same as vested in him, the committee |
| lunatics having | |
| limited estate | |
| Committee may | 71. Where a lunatic is entitled or has a right to renew, or either covenant and agreement if not under disability be compelled to renew, a lease made for a life or lives, or for a term of years, either absolute or determinable on a death or otherwise, the committee of his estate may, in his name, under an order of the Court or a Judge, upon the appli- cation of the committee or of any person entitled to the renewal, accept a surrender of the premises comprised in the lease surrendered, for such number of lives or for such term or terms of years determinableupon such number of lives or for such term or terms of years absolute, as was or were mentioned and contained in the lease surrendered at the making thereof, or otherwise as the Court or a Judge shall order ; but so that no renewed lease be executed by virtue of this Act, in pursuance of any covenant or agreement, unless the fine (if any), or such other sum of money (if any) as ought to be paid on renewal, and such other things (if any) as ought to be performed in pursuance of the covenant oragreement by the lessee or tenant, be first paid and performed and a |
| accept surrender | |
| and make new | it would be for his benefit to renew or he might in pursuance of any |
| lease | |
| counterpart be duly executed by the lessee. | |
| Pines how to be | 72. All fines, premiums and sums of money received upon renewal shall, after deduction of all necessary incidental charges and expenses, be paid to the committee of the estate, and be applied for the lunatic's benefit as the Court or a Judge shall order, but upon a lunatic's death |
| Poid | |
| On lunatic's | all such moneys as have arisen by such fines, premiums and sums of |
| death quality of | |
| money arising | money, or so much thereof as then remains unapplied for his benefit, |
| from fines | shall as between his real 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. |
| exercise power |
| Committee may | 73. Where a power is vested in a lunatic for his OW/1 benefit or |
| vested in lunatic | the consent of a lunatic is necessary to the exercise of a power, and |
| for his own | |
| benefit or give | such power or consent is in the nature of a beneficial interest to the |
| consent | lunatic, and it appears to the Court or a Judge to be for the lunatic's benefit that the power should be executed or the consent given, as the case may be, the committee of the estate may, in the name and on behalf of the lunatic, under the order of the Court or a Judge, made upon the application of the committee of the estate, exercise the power or give the consent, as the case may be, in such manner as the order shall direct. |
| Committee may | 74. Where the power is vested in a lunatic in the character of |
34 VICTORIJE. No. 9
Lunatics
trustee or guardian, or the consent of a lunatic to the exercise of a exercise power
power is necessary in the like character or as a check upon the undue inestri'l""Gare
exercise of the power, and it appears to the Court or a Judge to be fit trustee or
and expedient that the powers should be exercised or the consent g""d1""
given, as the case may 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. Where under this Act the committee of the estate, under Trustees up-
order of the Court or Judge, exercises, in the name and on behalf of the ffirceed,r,„1"1- lunatic, a power of appointing new trustees vested in the lunatic, the same pewees es person or persons who shall after and in consequence of the exercise of g=1,1„teri
the power be the trustee or trustees shall have all the same rights and ' Trustee Oral'
powers as he or they would have had if the order had also been made nonce, ism .
by the Court in its equitable jurisdiction under The Trustee Ordinance, 1854,' or if he had been appointed by a decree of that Court in a suit duly instituted, and the Court or a Judge may in any such case where it seems to be for the lunatic's benefit and also expedient, make any and every such order respecting the land or stock or choses in action, subject to the trust as might have been made in the same case under the provisions of The Trustee Ordinance, 1854 ' on the appointment thereunder of a new trustee or trustees.
76. Where by the report of the master of the said Court or by rover to court affidavit or otherwiseit is established to the satisfaction of the Court or euro'ple'04,1:`.e, a Judge that any person is of unsound mind and incapable of managing exceed ',coot
his affairs and that his property does not exceed one thousand pounds ati„"„eb,N°,,Ig e'l,. in value, or that the income thereof does not exceed fifty pounds per I t for ildsibertit annum, such Court or a Judge may, without directing any inquiry mumeirnZiontunder a commission of lunacy, make such order as to such Court or inquisitioni
Judge may seem expedient for the purpose of rendering the property of such person or the income thereof available for his maintenance or benefit or for carrying on his trade or business : Provided that the alleged insane person shall have such personal notice of the applica- tion for such order as aforesaid as the Court shall by any general order to be made as hereinafter mentioned direct.
77. For the purpose of giving effect to any such order as is men- Power to sell done(' in the last preceding section the Court or a Judge may order 1;4:A7r' any land, stock or other property of such person aforesaid to be sold, lunatic,
charged by way of mortgage or otherwise disposed of, and a convey- ance, transfer, charge or other disposition thereof to be executed or made by any person on his behalf ; and may order the proceeds of any such sale, charge, or other disposition, or the dividends or income of such land, stock or property to be paid to any relative of such insane person or to such other person as it may be considered proper to trust with the application thereof, to be by him 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 as the Court or a Judge may direct ; and for the purposes above mentioned the Court or a Judge shall have all the same powers with respect to the transfer, sale and disposition of and otherwise respecting the real and personal property of such person as aforesaid as if he had been found lunatic by inquisition.
34 VICTORLE. No. 9
Lunatics
| Power to apply | 78. Where any person has on the trial of any indictment or infor- |
pcmonsacquittedproperty of mation been acquitted on the ground of insanity, the Court or a Judge on the ground of on being satisfied by affidavit or otherwise of the continued insanity of insanity for their such person and of his being still in confinement, may make any suchbenefit
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.
| Court or Judge | 79. When any person shall have been received or taken charge of |
| Master to report .as a lunatic upon all order and certificates, or an order and certificate, | may direct |
| as to lunacy of in pursuance of the provisions of this Act, and shall have been detained a" P m asyiutamed e de- as a lunatic for the twelve months then last past, the Court or a Judgem, guardian of hisawl may appoint may direct that the Master of the Court shall, and thereupon the said estate, and direct Master shall, personally examine such person, and shall take such mcometriPlicati°11 of his evidence and call for such information as to such Master shall seem |
necessary to satisfy him that such person is a lunatic ; and shall report thereon to such Court or Judge ; and such Court or Judge may there- upon from time to time make orders for the appointment of a guardian, or otherwise for the protection, care and management of the person, or of any person who shall by any such report as last aforesaid be found to be a lunatic ; and such guardian shall have the same powers and authorities as the committee of the person of a lunatic found such by inquisition ; and such Court or Judge may also make order for the appointment of a receiver, or otherwise for the protection, care and management of the estate of such lunatic ; and such receiver shall have the same powers and authorities as a receiver of the estate of a lunatic found such by inquisition ; and such Court or a Judge may also make orders for the application of the income of such lunatic, or a sufficient part thereof, for his maintenance and support, and in payment of the costs, charges and expenses attending the protection, care and manage- ment of the person and estate of such lunatic, and also 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 management shall con- tinue only during such time as such lunatic shall continue to be detained as a lunatic, upon an order and certificates or certificate as aforesaid, and for such further time, not exceeding six months, as the Court or a Judge may fix ; provided also that the Court or a Judge may in any such case, either before or after directing such inquiry by such Master aforesaid and whether such Master shall have made such a report as aforesaid or not, direct a commission in the nature of a writ de lunatic()
inquirendo to issue to inquire of the lunacy of such person.
| Master to have | 89. The Master of the said Court shall have power, in the prose- |
| all necessary |
| powers of in- | cution of all inquiries and matters which may be referred to him as |
| quiry and to | |
| make inquiries | aforesaid or otherwise under this Act, to summon persons before him |
| referred to him | and to administer oaths and take evidence either viva vote or on affidavit, and to require the production of books, papers, accounts and documents, and the Court or a Judge may by any order, either general or particular, refer to the said Master any inquiries under 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 |
34 VICTORLE. No. 9
Lunatics
relating to the persons and estates of lunatics found such by inquisition
now are.
81. Every surrender, lease, agreement, deed, conveyance, mortgage needs, se.,
or other disposition granted, accorded, made or executed by virtue of =gig. ter this Act shall be as valid and legal to all intents and purposes as if the to be as valid as person in whose name and place or on whose behalf the same was gerteallin
granted, accorded, made or executed had been of sound mind and had mind
granted, accorded, made or executed the same.
82. All transfers and payments made in pursuance of this Act Transfers and
| shall be valid and binding to all intents and upon all persons whomso- | inadaig | te be |
| ever. |
83. The Court or a Judge may order the costs and expenses of Costs may be
| and relating to the petitions, applications, orders, directions, convey- | e0 at of |
| antes and transfers to be made in pursuance of this Act or any of them to be paid and raised out of or from the real or personal estate, or the rents, dividends, produce or income in respect of which the same respectively shall be made in such manner as to such Court or Judge may seem proper. |
Magistrate or two Justices it shall be made to appear that any lunatic /f)ourtknezitoernda7ce84. If on information before any Resident Magistrate or Police Justices may confined in any asylum has an estate, real or personal, applicable to his Wunttio out of
| maintenance and more than sufficient to maintain his family (if any), | corn | nate,c,, | in |
| such Resident Magistrate or Police Magistrate or Justices may make an order, under his or their hand and seal or hands and seals, directing the seizure of so much money or the seizure and sale of so much of the goods and chattels, or directing any person to be therein named to receive and take so much of the rents and profits of the lands and tene- ments of such lunatic or other income of such lunatic as may be necessary to pay for the lodging, maintenance, clothing, medicine and care of such lunatic, and the receipt of the person named in such order to receive any moneys to be realised under such order, shall be sufficient discharge to any person paying over any moneys of the lunatic in his possession : Provided that no such order shall be made in any case where a common receiver or guardian has been appointed for the estate of such lunatic by the Supreme Court. |
85. Nothing in this Act contained shall extend to subject any part Ordinance not to
of a lunatic's property to the debts or demands of his creditors, further spurobbecertyitomt"
| or otherwise than as the same is now subject thereto by due course of debts to which it | is not otherwise |
| 10.W. | liable |
86. The said Court may from time to time make such orders for supreme court
Master or other officers such powers as to the said Court may appear expedient for the purposes aforesaid ; and also for forcing, altering and discontinuing the fees to be received and taken in respect of such pro- ceedings, and generally for carrying into effect the aforesaid provisions, as to the said Court shall seem meet; and such orders as aforesaid, or
regulating the forms and mode of proceeding before the Court or a ToraYrettetruera
Judge, and before the said Master, and of any other proceedings practice, &e.
pursuant to the provisions of this Act, for the due protection, care and
management of the person and estates of lunatics, and for regulating
the procedure to be adopted and duties to be performed by the said
34 VICTORI)E. No. 9
Lunatics
any of them, may be from time to time rescinded and varied by the like authority ; and all such orders shall be laid before the Governor in Executive Council, within fourteen days from the making thereof ; and if the Governor in Executive Council shall, within thirty-six days next after any such orders as aforesaid shall be laid before him, resolve by minute under his hand that the whole or any part thereof ought not to continue in force, in that case the whole order, or part of the order specified in the resolutions, as the case may be, shall from and after the miuuting of such resolution cease to be binding.
Committee may
| be appointed | 87. Whenever it shall appear to the Supreme Court, or a Judge |
| for management | thereof, that a person residing in any place other than the said Colony |
| of affairs of | |
| lunatic in a | has been declared lunatic and incapable of managing his affairs, by |
| foreign country | any Court of competent jurisdiction in the place wherein such person shall reside, the said Supreme Court, or a Judge thereof, may appoint a committee for the management of such person's affairs, which com- mittee shall have all such powers for the management of the lunatic's property and affairs as though such lunatic had been found lunatic by the said Supreme Court, and the committee had been appointed by such Court. |
PART V
OFFENCES AND PENALTIES
| Tim following | 88. Any Resident or Superintending Medical Officer or other officer or servant of any asylum who shall knowingly or wilfully neglect to make due entry in the ' Book of Admissions,' The Book of Admissions of Dangerous and Criminal Lunatics,' The Medical Journal,' or The Case Book,' of all or any of the particulars by this Act required to be made by them or any of them respectively ; |
| offences to be | |
| misdemeanours |
Or shall fraudulently conceal, or attempt to conceal, any part of any such asylum, or any person detained therein as a lunatic, from the Visitors or any other person hereby authorised to visit or inspect such asylum, and the patients confined therein ;
Or shall not give full and true answers, to the best of his or their knowledge, to all questions which the Visitors or other person as aforesaid shall ask, in reference to all or any of the matters which by this Act they are authorised to inquire into ;
Or shall receive any patient, whether pauper, dangerous or other- wise, into any asylum, without the order or orders and cer- tificate or certificates required by the foregoing provisions ;
Or who, having received any patient under special circumstances as mentioned in Clause 14 upon the certificate of one medical practitioner alone (two being required), shall permit such patient to remain in such asylum beyond the period of three clear days without such further certificates as are mentioned in the said clause ;
Or shall through wilful neglect, or connivance, permit any person confined in any such asylum to escape therefrom, or shall secrete such person, or abet or connive at any such escape ;
Or shall strike, wound, illtreat or wilfully neglect any patient con-
fined in any such asylum ;
34 VICTORLE. No. 9
Lunatics
Shall be guilty of a misdemeanour, and shall be subject to indictment for every such offence, and to forfeit any sum not exceeding twenty pounds.
89. Any Resident or Superintending Medical Officer, or officer Neglect to
| whose duty it shall be, who shall knowingly or wilfully neglect to draw ,t,r | ia | erop:ea | t/I-of |
up, sign or transmit to the Colonial Secretary, a statement of the pauper lunatic
cause of death of any pauper patient, as hereinbefore required, shall penalty not lessthan V. nor ex-
| forfeit any sum not exceeding ten pounds. | °ceding lo(. |
90. Any person (not being a guardian, or relative deriving no profit Any person keep-
| from the charge, or a committee or guardian appointed by the Supreme e | l u | of, L'enualteinc:t |
| asylum duly proclaimed under this Act, or shall take the care or charge llt‘ntoilolttloyduertn | Court) who shall receive to board or lodge in any house not being an y place not a | au |
of any lunatic under restraint without first having the like order and and certificate or
medical certificates as are required on the admission of a lunatic (not 3,e,e,,ttininr„11-
being a pauper) into any such asylum, or shall receive or keep in any ttlfi one coolshouse, not being such asylum, more than one such lunatic under fnisatleinauullot of
restraint, shall be guilty of a misdemeanour.
91. Any medical practitioner who shall sign any certificate con- Signing certifi- trary to any of the provisions herein contained, shall for every such iciartoevlsionntras oryttois
offence forfeit any sum not exceeding twenty pounds ; and any medical Act penalty not
practitioner who shall falsely state or certify anything in any certificate ,Mcrelatig, ma-
under this Act, and any person who shall sign any certificate under Gon giving
| this Act, in which he shall be described as a medical practitioner, not fofir ser | pe„t rot |
| being a medical practitioner within the meaning of this Act, shall be scribing himself | ns medi notrao- |
| guilty of a misdemeanour. | titioner |
92. Any person who wilfully obstructs the visitors or the Resident obrunimewInhegiturofiut3; or Superintending Medical Officer, or any other officer or person, in Penalty for olp
the execution of any duties impose& on them or any of them by this strncting officers
Act, shall (without prejudice to any proceedings, and in addition to any punishment to which such person so obstructing would otherwise be liable) forfeit for every such offence any sum not exceeding twenty pounds.
93. If any person shall, by the production of any false certificate or Procuring con-
| otherwise, knowingly or wilfully procure any person not being insane ifi | letm | or mane |
to be confined in any asylum, upon insufficient or unreasonable certificate Vse-
| grounds, such person shall be guilty of a misdemeanour. | demeanour |
PART VI
LEGAL PROCEDURE AND EVIDENCE
94. All fines, forfeitures and penalties imposed by this Act may summary pro.
be recovered in a summary way before any two or more Justices of the "din
Peace.
95. The Resident or Superintending Medical Officer may prosecute Resident or
| or proceed against any persons for procuring any persons to be wrong- t | rutledica. Ofhlicner | ; 5 |
fully or improperly confined in any asylum or for any offence against may prosecute
this Act, or may commence any action, lay any information, or
institute any proceedings for enforcing payment of amounts due or
payable for the maintenance of any persons confined in any such
34 VICTORI2E. No. 9
latnatics
asylum from the person liable to pay the same ; and no such prosecution, action or other proceeding shall abate or be discontinued by reason of the death or removal of such Resident or Superintending Medical Officer ; but his successor may continue the same in the name of the Resident or Superintending Medical Officer for the time being.
| 'Gazette to be | 96. Production of the Government Gazette' containing any procla- |
| conclusive evi- |
| dence of procla- | mation of any place as an asylum under this Act, or noting the |
| mation of | appointment of any person as a Visitor, Resident, or Superintending |
| asylums | Medical Officer or other officer, shall be conclusive evidence of the matters therein contained in any action, suit or proceeding in any Court or Courts in the said Colony. |
| Appeal to | 97. There shall be an appeal from any conviction by any Resident Magistrate, Police Magistrate or Justices, for any offence against this Act, or from any order dismissing any information or complaint, or from any order for payment of money, whether for the maintenance of any lunatic out of his own estate or otherwise, or for costs or otherwise ; which appeal shall be to the Supreme Court, as well with reference to the law as to the facts of the case ; but the Supreme Court may make such order as to the payment of the costs of the appeal as it shall think fit. |
| Supreme Court | |
| Sections C, F, G, |
| and IL of Short- | 98. Sections C, G and H of The Shortening Ordinance, 1853' |
| ening Ordinance | shall be incorporated with this Act in as full and ample a manner |
| incorporated | as if the said sections had been introduced and fully set forth in this Act. |
PART VII
PROTECTION TO OFFICERS AND GENERAL MATTERS
| Poor persons to | 99. Every asylum shall in the first place be appropriated to the, |
be first accorn- reception of pauper lunatics and poor insane people whose estate andmodated in
asylum and other friends are unable to bear the expense of their maintenance, and of
insanepaccordinersonsg to the dangerous and criminal lunatics, and of lunatics wandering at large
accommodation and not being properly taken care of or being cruelly treated or ordered
therein under this Act ; and in the next place, so far as the means of accommodation therein will extend, to the reception of other insane persons, in respect of whom some relative, guardian, friend or committee
Resident or may agree with the Resident or Superintending Medical Officer for his
| superintending maintenance while detained therein as hereinafter mentioned, the | Medical Officermay r„over in amount of which maintenance shall and may be recovered by such | |
| ||
| ||
| ||
| ||
| Superintending in all cases where any lunatic shall be possessed of sufficient means toMedical 011icer | ||
| may agree win, defray the expense of his maintenance in such asylum, may agree with | ||
| for maintenancerelative or friend any relative, guardian or friend of any such lunatic for his maintenance | ||
| of lunatic whilst detained therein ; and such relative, guardian or friend shall be |
and is hereby empowered to reimburse himself all necessary sums expended in such maintenance out of any funds or property belonging to such lunatic, which funds and property are hereby made chargeable therewith.
34 VICTORI.E. No. 9
Lunatics
101. All the provisions, powers and authorities made and given by Relatives of poor
| the Ordinance No. 2 of the 9th Victoria, intituled An Ordinance to | ficorfonos | liable | for |
| provide for the maintenance and relief of deserted wives and children tenan | ce |
| and other destitute persons, and to make the property of husbands and other near relatives to whose assistance they have a natural claim in certain circumstances available for support,' shall be deemed and construed to extend to the care of poor persons confined in any asylum, whether such poor persons are confined as dangerous lunatics or other- wise : Provided that where by the said Ordinance it is directed that complaints may be made by any respectable householder, such complaint may be made by the Resident or Superintending Medical Officer of the asylum wherein such person may be confined. |
102. If any person shall apply to the Resident or Superintending In easeof inquiry Medical Officer in order to be informed whether any particular person irell:rerpaPtai; is confined in any asylum, such Resident or Superintending Medical i ? confinement, Officer is hereby required to inform the person so applying whether the Snepielitsg wing person so inquired after is or has been confined in such asylum ; and statitlfrefh (if required, and on payment of three pence for every folio containing information e seventy-two words, copying fee) to furnish a copy of the order and
medical certificates upon which such person was received into such
asylum.
103. The Governor, the Supreme Court, or any Judge thereof (if Governor or the
e
he or they shall think fit) may at any time by any order directed to osruParneytedrt
any Visitor, or other officer or person, require the said Visitor, officer, thereof may
| or person to visit and examine any asylum or any person confined as of ;art | Trion |
| a lunatic, or who shall be under restraint in the care of any keeper, guardian, or relative, or of any other person, and to make a report to the said Governor, or the Supreme 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. |
104. If any Judge of the Supreme Court shall receive any in- Sage may order
formation upon oath or otherwise or shall have any reason or cause to 1:7„°„"asjetr4
suspect that any person of sound mind is confined in any asylum, brought beforesuch Judge shall have full power and authority to cause the Resident ltronIII for examine-
or Superintending Medical Officer of such asylum, by any warrant or order to be issued by him directed to such Resident or Superintending Medical Officer, to bring such confined person before him for exami- nation at a time to be specified in such warrant or order ; and if upon examination of such confined person or of any medical or other witness who may be called to testify before such Judge as to the supposed sanity or insanity of such confined person, it shall be made to appear to the satisfaction 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 authorised and empowered to administer), and he is hereby required to direct such person confined to be immediately discharged from the custody of the Resident or Superintending Medical Officer of such asylum, unless he shall be detained therein for some other cause by due process of law.
34 VICTORI/E. No. 9
Lunatics
| Governor may | 105. The Governor, with the advice of the Executive Council, may any asylum to be proclaimed under this Act ; and for the regulating the duties and conduct of the officers thereof, and the care and treatment of the different classes of patients confined therein, and the forms 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 Gazette,' shall be binding on the Visitors and all officers, assistants and servants of such asylum, and all other persons whomsoever. |
| make Gatti for | |
| government and | from time to time make rules for the government and management of |
| asylums | |
| management of |
| Provision for | 106. Where by this Act any duty is prescribed to be performed by |
| absence of |
| Resident or | the Resident or Superintending Medical Officer, such duty shall (in |
| Superintending | the case of his unavoidable absence from illness or any other sufficient |
| Medical Officer | cause) be performed by the officer of such asylum next in authority, or any medical person the Governor for that purpose may appoint ; and the Governor may, in any rules to be made under the last preceding section, relieve such Resident or Superintending 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, or some other person ; and where any penalty is by this Act inflicted on such Resident or Superintending Medical Officer for any omission, neglect or otherwise, he shall not be liable to such penalty in case of absence as aforesaid, or in case he is relieved of such duties by any rules to be made as aforesaid ; but in such case the officer next in authority or other medical person, 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 inflicting the penalties. |
| Order and certi- | 107. The order and certificate required for the detention of any |
| ficate to justify |
| detention, | person as a pauper shall extend to authorise his detention, although it |
| although de- | may afterwards appear that he is not a pauper ; and the order and |
| scribing person | |
| as a pauper he | certificate required for the detention of a person not being a pauper |
| and vice verse? | |
| not being suck | shall authorise his detention, although it may afterwards appear that he was or is a pauper. |
| Resident or | 108. Every Resident or Superintending Medical Officer by this |
| Superintending |
| Medical Officer | Act, and every officer authorised to receive or take charge of any |
| and certificate iu | |
| may plead order | lunatic upon an order or orders, or certificate or certificates, shall have |
| bar of all pro- | power and authority to take charge of, receive and detain such person |
| ceedings | 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 writing, indictment, information, action or other proceeding which shall be preferred or brought forward against any such Resident or Superintending Medical Officer or other officer as aforesaid for taking, confining, detaining or retaking any person as a lunatic, such Resident or Superintending 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 or Superintending Medical Officer or other officer, be a justification for taking, confining, detaining, or retaking such lunatic or alleged lunatic. |
FREDE. A. WELD,
GOVERNOR AND COMMANDER-IN-CHIEF.
34 VIOTORDE. No. 9
Lunatics
SCHEDULES REFERRED TO
A No. 1
ORDER FOR THE RECEPTION OF A PAUPER PATIENT
I, C. D. (in the case of a single Justice of the Peace, or in the case of two Justices, We, C. D. and E. F. the undersigned, a Resident Magistrate or Police Magistrate for the district or town of ), a Justice (or Justices) of the Peace for the Colony of Western Australia, having called to my (or our) assist- ance a medical practitioner, and having personally examined A. B., a pauper (omit the words ' a pauper ' when the lunatic is not a pauper) and being satisfied that the said A. B. is a lunatic (or if an idiot or a person of unsound mind, add [where the person is sent as being wandering at large] the words wandering at large,' and [in the case of a lunatic sent by virtue of the authority given by two Justices] add ' not under proper care and control,'—' and is cruelly treated (or neglected) by the person having the care or charge of him,' as may appear to the Justices to be the case), and a proper person to be taken charge of and detained under care and treatment—hereby direct you to receive the said A. B. as a patient into the Asylum under your charge.
Subjoined is a statement respecting the said A. B.
| Dated the | day of | 18 . |
| (Signed) | C. D. |
| To | , Resident or Superintending Medical Officer of the |
Asylum at
STATEMENT
(If any Particulars in this Statement be not known the fact to be stated.)
Name of patient, with Christian name at length
Sex and age
Married, single, or widowed
Condition of life and previous occupation (if any)
The religious persuasion, so far as know
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
Name and Christian name and place of abode
The nearest known relative of the patient and degree of relationship (i
known)
I certify that, to the best of my knowledge, the above particulars are correctly
stated.
(Signed)
(To be signed by two Justices when required by the forego lig Act.)
A No. 2
COMMITTAL OF DANGEROUS LUNATICS
We, C. D. and E. P., the undersigned Justices of the Peace for Western 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 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
34 VICTORDE. No. 9
Lunatics
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 of the Visitors of such asylum, or any other person duly authorised in that behalf.
Subjoined is a statement respecting the said A. B.
| Dated the | day of | 18 . |
| (Signed) | C. D. E. F. |
| To | , Resident or Superintending Medical Officer of the |
Asylum at
STATEMENT
(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
When and where previously under care and treatment
Duration of existing attack
Supposed cause
Whether subject to epilepsy
Whether suicidal
Christian and surname, and place of abode of nearest known relative and
degree of relationship (if any)
We certify that, to the best of our knowledge, the above particulars are correctly
stated.
| (Signed) | C. D. E. F. |
A No. 3
Statement respecting Criminal Lunatics, to be filed and transmitted to the Resident
or Superintending Medical Officer 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
Duration 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
Sentence
34 VICTORIN. No. 9
Lunatics
ORDER FOR THE RECEPTION OF A PRIVATE PATIENT
I, the undersigned, hereby request you to receive A. B., a Lunatic (or an idiot
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 | 18 . |
(Signed)
Name, occupation (if any), place of abode, degree of relationship (if any), or other circumstances of connection with the patient.
| To | , Resident or Superintending Medical Officer of the |
Asylum at
STATEMENT
(If any of the Particulars in this Statement be not known, the fact to bs so stated.
Name of patient with Christian name at length
Sex and age
Married, single, or widowed
Condition of life and previous occupation (if any)
The 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
Whether suicidal
Whether dangerous to others
Whether found lunatic by inquisition and date of commission or order
of inquisition
Special circumstances (if any) preventing the patient being examined
before admission separately by two medical practitioners
(Signed)
(Where the person signing the Statement is not the person who signs the order, the following Particulars concerning the person signing the Statement are to be added, viz.:—Occupation (if any), place of abode, degree of relationship (if any), and other circumstances of connection with patient.]
FORM OF MEDICAL CERTIFICATE
| I, the undersigned, A. B., of | in the Colony of Western |
Australia, a medical practitioner of the said Colony, and now in actual practice, hereby certify that I on the day of (here insert the street and the number of the house (if any) or other like particulars) in the said Colony (in any case where more than one medical certificate is required by this Act here insert—separately from any other medical practitioner) personally examined A. B. of (here insert residence and profession or occupation (if any), and that the said A. B. is a lunatic (or an idiot or a person of unsound mind), and a proper person to be taken charge of and detained under care and treatment, and that I have formed this opinion on the following grounds, viz. :-1. Facts indicating insanity observed by myself (here state the facts). 2. Other facts (if any) indicating insanity communicated to me by others (here state the information and from where obtained).
| Dated this | day of |
(Signed)
Date oaf latjurrious Admis-
No. in order of Admission
| I | Date of Admission |
| Christian and Surname at |
length
rn
."1
'o
F
| it | 0 |
| :ti | fgS |
| Married | , 0o o |
| Single | |
| Widowed | ag |
| I Previous Place of Abode | |
| 1 | By whose Authority sent |
Dates of Medical Certificate
and by whom signed
Bodily Condition
Name of Disease (if any)
Form of Mental Disorder I
Supposed Cause of Insanity
Epileptic
Congenital Idiots
Years
Months
| cnr.. | tE' |
| Weeks | a' |
| F9- | ' |
Number of Previous Attacks
Age on First Attack
Date of Examination by Re- sident or Superintending Medical Officer or Officer next in Authority
If any inquiry held by Board of Inquiry,. Date thereof and Result
Date of Discharge or DEath
Recovered
| Relieved | I |
| Not Improved Died Observations |
SO171)14117
| 6 '0N | n |
D No. 2
FORM OF MEDICAL JOURNAL
| NuMunn or PATIENTS | Patients wile are or since last entry |
| have been under restraint and | Patients ender Medical Treatment, |
| in seclusion, when, and for what | and for what (if any) Bodily | Deaths, Injuries, |
| Crimizad and | period, and reasons, and in case | Dkorder |
| Pate | Private | Pauper | and Violence to |
| Dangerous | of restraint by what means | Patients Once last entry |
| Males | Females | Males | Punales |
ca.
co
co
31 VICTORIIE. No. 9
Lunatics
E
| FORM OP SUMMONS | OP BOARD OP INQUIRY |
I, the undersigned, chairman of the Board of Inquiry appointed under the
' Lunacy Act, 1871,' do hereby summon and require you personally to appear
| before the said Board at | , on the | day of |
at the hour of in the noon ; then and there to be examined and testify the truth touching certain matters under inquiry by the said Board, by virtue of the said Act ; and if you fait 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 | , 18 . Chairman. |
F
| We, | being Visiting Justices of |
hereby certify, under our hands, that we believe
| a prisoner in the prison of | , under sentence of death, to |
| be now insane. |
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