Lunacy Act Further Amendment Act of 1893 (NSW)
No. X X I I I .
An Act to amend the law relating* to the
Insane, and to further amend the "Lunacy
Act of 1878," and to validate certain cer
tificates, [8th June, 1893.]
| Assembly of New South Wales in Parliament assembled, and by the | BE it enacted by the Queen's Most Excellent Majesty, by and with tin.1 advice and consent of the Legislative Council and Legislative | |
| authority of the same, as follows :— | ||
| 1. This Act may be cited as the " Lunacy Act Eurther Amendment Act of 1893," and shall be incorporated and read with the "Lunacy Act of 1878," and the "Lunacy Act Amendment Act, | ||
| 1881." | ||
| 2. In this Act the expression "Principal Ac t" means the "Lunacy Act of 1878"; and the expression "The Master," it not inconsistent with the subject matter or context, means the Master in Lunacy; "Inspector-General" means Inspector-General of the Insane; the words "insane patient" and "patient," in addition to the meaning assigned to them by section three of the Principal | ||
| Act, include a patient while absent from an hospital or licensed | ||
| house, in a specified place for the benefit of bis health, or upon trial, under the provisions of the eighty-second section of the Principal | ||
| Act ; the word " Court " means the Supreme Court of New South | ||
| Wales ; and the word " Judge " means any Judge of the said Court; | ||
| and the word "ship" means any vessel used in nwigation not propelled | ||
| by oars. | ||
|
•i. (i) I f the Health Officer, or the Immigration Officer, or the
Inspector-General of Police, or the Inspector-General of the Insane
certifies to the -Master within sixty days after the arrival of any ship
at any port in New South Wales, that a passenger or seaman arriving by that ship is insane, imbecile, or idiotic, and has become, or is
likely to become, a charge upon the public as an inmate of a
reception house or hospital for the insane, it shall be lawful for the Master thereupon to require the owner, charterer, agent, or master
of that ship to execute, with two sufficient sureties, jointly and
severally, a bond to Her Majesty in such sum as the Master may determine not exceeding live hundred pounds, conditioned to pay to the Master the maintenance of that passenger or seaman in such reception house or hospital at such rate and for such term as may be determined by the Master ; or at the option of the owner, charterer, agent, or master, subject to the approval of the Master, to return such passenger or seaman to the place whence he was shipped.(il) The sureties shall justify before or to the satisfaction
of the Master, and shall by their oaths or affirmations satisfy him that
they are respectively resident in New South Wales, and worth treble
the amount of the penalty of the bond over and above all liabilities.
(in) Provided that no bond shall be required when the
passenger or seaman is, at the date of the arrival of the ship, domiciled in New South Wales; but the onus of proving such domicile as aforesaid shall be upon the said owner, charterer, agent, or master.
5. I f the said owner, charterer, agent, or master neglects or refuses to execute the bond as aforesaid within seven days after being so required, he shall be liable to a penalty not exceeding five hundred pounds, to be recovered summarily before a Police or Stipendiary Magistrate ; and the said ship shall not be cleared out until the bond
is executed as aforesaid.
6. Nothwithstanding anything contained in the Principal Act, every certificate heretofore signed by the medical officer of a reception house for the admission of a person into an hospital for the insane or
licensed house, shall be and is hereby declared to have been valid and
effectual for all purposes.7. A medical practitioner shall not sign a certificate for the
reception of a patient into an hospital for the insane, reception house,
or licensed house in any of the following circumstances : —
(i) Where he has signed the order or request for the reception of that patient into that hospital, reception bouse, or licensed
house. (n) Where his father, brother, son, partner, or assistant has signed the order, request, or a certificate for the reception of that patient into that hospital, reception house, or
l icensed house. (ill) Where the said medical practitioner, or his father, brother son, partner, or assistant is the superintendent or medical officer
of that hospital for the insane, reception house, or licensed
house, or a regular professional attendant in that licensed house, or wholly or in part the proprietor, mortgagBe, or
lessBe of that licensed house, or receives a percentage on or is otherwise interested in tin- payments to be made by or on
account of any patient received into that hospital, reception
house, or licensed house.8. If a medical practitioner, or his fat her, brother, son, partner,
or assistant has signed a certificate for the reception of a person into
a licensed house, such medical practitioner
(l)
Shall not, by himself or by his servants or agents, receive, or board or lodge, or take the charge of that person in the said licensed house. (i i)
(n)
Shall not be the regular professional attendant on that person while under care or charge under such certificate as aforesaid.
i). (i) Any order, request, medical certificate, or other docu ment, by virtue of which an insane person has been received into an hospital for the insane or licensed house, and which is incorrect or defective in any particular, may, with the approval of the Inspector- General, be amended by the person who has signed the same within twenty-eight days after the reception of the insane person. And the order, request, medical certificate, or other document so amended shall thereupon be deemed to have operated and to operate from its original date.
(n) I f the order, request, certificate, or document is not so amended, the Inspector-General may order the discharge of the insane person, and that person thereupon shall he discharged accordingly; or
lie may direct the superintendent of the said hospital, or licensed house
to obtain a new order, request, certificate, or document which shall be as effectual for all purposes as if it had been obtained, made, and executed previously to the reception of the insane person.
10. in any proceeding taken against a superintendent of an hospital for tin' insane or for the criminal insane, licensed house, or reception house, or other person authorised by the Principal Act, or by the '•.Lunacy Act Amendment Act, J SSI ," or by this Act to take charge of any person as insane, or against any assistant or servant of any such superintendent or person authorised as aforesaid for taking, confining, detaining, or retaking any person as an insane person or patient, the party complained of may plead the general issue, and may under that plea give in evidence the order, request, and certificates, or
certificate mentioned in Parts 1 to VI (inclusive) of the Principal Act,
in his defence; and the certificate or certificates and the request, or the certilicate or certificates and the order (as the case may be) shall be a justification for taking, confining, detaining, or retaking that insane person or patient.
11. (i) No suit or action shall lie against any person for or on account of any act, matter, or thing, done, or commanded to be done by him, and purporting to be done for the purpose of carrying out the provisions of the Principal Act, or of the "Lunacy Act Amendment
Act, 1881," or of this Act, if that person has acted in good faith and
with reasonable care.
(u) No such suit or action as a Foresaid shall he commenced
hut within three months after the alleged cause of action, or in 1 he
| patient, within three months next after the making of a superseding | case of a suit or action by a person who has been an insane person or |
| order, or next after the discharge of the patient. |
(in) Proceedings in such suit or action as aforesaid may, on
summary application to the Court or a Judge, be stayed upon such terms as to costs or otherwise as the Court or Judge may think fit, if the Court or Judge is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care, or that the said pro ceedings have been commenced alter the expiration of the three months aforesaid.
12. The Colonial Secretary may, by order under his hand, direct the Inspector-General or other lit person to visit any hospital for the insane, or for the criminal insane, reception bouse, licensed house,
gaol, house, or place wherein any insane person, or person represented
to be insane, or to be under restraint as insane, is confined, or alleged to be confined, and to inspect and inquire into the state of that hospital, reception house, licensed house, gaol, house, or place, and report to him the result of that inspection and inquiry.
13. The Court, or a Judge may, by general rule, or special
order—•
(i) Direct the Inspector-General or other fit person to visit any person found or declared to be of unsound mind by inquisi tion or under section ninety-two of the Principal Act, and to make a report in writing to the Court or Judge of the state of mind and bodily health and general condition, and also of the care and treatment of the person visited,
(n) Direct that such information as may be deemed necessary be given to the person making the visit, as to the nature and extent of the fortune of the person visited, and as to the orders of the Court made in respect thereof, (in) Order that any fBes and expenses connected with the visit be paid out of the estate of the person visited.
11. In every inquiry or proceeding before a jury the number
of the jury shall be four, unless a Judge order a jury of twelve.
15. Where a report is submitted for confirmation without petition, the fiat of a Judge on the report shall give it the operation
of an order of the Court made upon petition, subject to such other
directions and provisions (if any) as to the Judge may sBem fit.10. Where, by the order of the Court or a Judge, any real estate has been or shall be ordered to be sold, mortgaged, or charged, an effectual conveyance, mortgage, or charge may, by direction of the Court or a Judge, be made of any interest, whether legal or equitable,
of any married woman in the said estate, being an insane person,
without any acknowledgment by her.
17. On the hearing of a petition, under section ninety-two of the Principal Act, for a declaration that a person is of unsound mind and incapable of managing his affairs, if it appears to the Court or Judge before whom the petition is heard, to be unnecessary or inexpedient that the person whose sanity is in question should be examined by the Court or a Judge, or the jury, the Court or Judge may, in lieu of the examination aforesaid, direct the Master to person
ally examine the said person and report thereon, or may dispense with
any examination whatever.
IS. Expenses incurred by the Master under the provisions of section one hundred and forty of the Principal Act, with the authority thereby prescribed, and whether chargeable to the estate of any insane person or patient or not, shall be defrayed and paid out of the public moneys therein mentioned : Provided that all expenses so chargeable
as aforesaid may be repaid by the Master out of any money of the insane person or patient that comes to his hands, or may be recovered by him on summary application to the Court or a Judge, whether such patient has been discharged or not. 19. There shall be paid to the Master a percentage at a rate not exceeding five pounds per centum per annum on the clear annual income of every insane person so found by inquisition or by declaration under the Principal -Vet, and of every insane patient whose estate is under the care and management of the Master.
20. (i) The Court may make rules regulating the amount of such percentage as aforesaid, and of the fBes payable in proceedings relating to insane persons and patients and their estates, and the mode in which the same shall be ascertained and paid : Provided that a copy
of every such rule; shall be laid before both Houses of Parliament within fourteen days from the publication thereof, if Parliament be then in Session, or otherwise within fourteen days after the commence ment of the next ensuing Session.
(n) The stud percentage and fBes shall be charged upon
and payable out of the estates of such insane persons and patients as
aforesaid.
aforesaid, although before payment the insane person die or a superse ding order be made under the Principal Act, or the insane patient die or be discharged from the hospital or other plaBe in which he is detained.
21. The Master shall have the management and care of the property of every insane patient, and in addition to other powers and duties necessary and incident to such management and care may
exercise the following powers and perform the following duties with
respect to the estate of every insane patient, that is to say, he may—•
(H) Receive moneys, rents, incomes, and profits of real and personal property, and distrain tor rent,
(/;) Demise land tor a term not exceeding five years, at such rent and on such conditions as he may think fit.
(»•) Sell, realise, and mortgage real and personal property where the net value of the patient's estate, exclusive of debts andclaims allowed by the Master, does not excBed five hundred
pounds.
('/) Settle, adjust, and compromise a demand not exceeding five hundred pounds made by or against the estate.
(a) Carry on a business which the patient had carried on, so far as may appear desirable for the purpose of more advanta geously disposing of or winding-up the business, or pre serving the same until the* recovery of the patient. (./') AgrBe to an alteration of the conditions of a partnership into which the patient had entered, for the purpose of more advantageously disposing of his interest therein or terminating his liability.
(ff) Complete a contract for the performance of which tin; patient was liable, or enter into an agrBement terminating that
liability.
(//) Sequestrate the estate of a patient under the provisions of the bankruptcy laws.
(/) Bring and defend actions and suits on behalf of a patient.
(J) Bring lands under the provisions of the " Real Property Act,"
Provided that the Master may, in his discretion, apply in the manner prescribed in the next section for directions on any of the above matters.
22. The Master may apply to the Court or a Judge1, upon a
statement of the facts and proposal, or upon a summons in chambers,
for directions with respect to the exercise of any of the following
| powers over the estate of an insane patient. | (<t) The sale or mortgage of real or personal property when1 the |
net value of the patient's estate, exclusive of debts and claims
allowed by the Master excBeds five hundred pounds.
(/;) The demising of lands for a term exceeding five years.
(c) The surrender of a lease.
(d) The adjusting, settling, or compromising a demand exceeding five hundred pounds made by or against the estate.
And the Court or a Judge may upon such application as aforesaid or upon the application of the patient or any relative, friend, or creditor of the patient, direct that such inquiries be made and notices given as may be deemed advisable1, and may make such order in the premises as
may be thought proper.
23. (i) Por the purposes of this Act the Master may do such acts and exercise such powers with respect to an estate committed to his and may, in the name1 and em behalf of the patient, execute and sign management anel care as the patient himself could hnxc done if sane,
deeds and instruments (including instruments under the "Peal Property Act"), transfers of shares, receipts, releases, and o t h e r documents, which shall be as effectual as if executed and signed by the
patient
patient himself while sane, and shall he acted upon accordingly by the Registrar-General and all other persons without any obligation to inquire whether the person upon whose behalf the Master purports to act be a patient or not.
(il) Persons dealing with the Master in respect of any
estate over which he has assumed control shall be as fully protected as if the owner of the estate were a patient at the time of the dealing, although he be not, in fact, then a patient; and a purchaser or mort
gagBe from the Master of any real or personal property of a patient
shall not be bound to inquire as to the Master's powers so to deal with
that property, or as to the application of the purchase money.
tin1 use and benefit thereof, and at such times and in such manner as the 21. (T) The Master shall pay into the Consolidated Revenue forGovernor in Council may from time to time appoint, all money paid to him for the maintenance of any patient, and all percentages and fBes.
(n) The Master shall at such times, and in such manner
as aforesaid, pay all other money coming to his hands into the Treasury to the credit of a trust fund, and may withdraw the same or any part thereof and apply it for the purposes in the next section mentioned, or pay it to the1 Consolidated Revenue for the purposes of maintenance,
clothing, medicine, and care in that section mentioned. ~No money so deposited shall be withdrawn or paid from the Treasury otherwise than by the authority of the Court or by the Master for the purposes aforesaid. A separate account shall be kept by the Master of payments to the credit of the trust fund, and of payments out in respect of the estate of each patient.
25. The Master may apply money coming to his hands in
respect of the estate of a patient and standing to the credit of t In
trust fund towards all or any of the following purposes :—
(a) The payment of the debts of the patient, and the repayment
of expenses chargeable to his estate.
(b) Uis maintenance, clothing, medicine, and care, past and future, and in the event of his death, his funeral expenses: (c) The maintenance of his wife or any child, parent, or other
person dependent upon the patient, or for whose mainte
nance the patient provided when sane:
(d)
The payment of till proper costs, charges, and expenses incurred in or about the care, protection, recovery, sale, mortgage, leasing, disposal, and management of his estate :
(<?) The preservation and improvement of the patient's estate :
(/ ') The investment, in manner hereinafter provided, of money not presently required for the above purposes. (g) The payment to a patient or any person under sections twenty- eight and thirty of this Act.
Provided that the Master may report to and apply for the advice and directions of the Court or a Judge upon any of the matters aforesaid. upon the application of tin1 patient, or any relative, friend, or creditor And the Court or Judge may, upon such application as aforesaid, or
of the patient, direct such inquiries be made, and notices given as
may be deemed advisable, and may make such orders in the premises
as may be thought proper.2(5. The Master may invest any money unapplied as afore said in Government Debentures of this Colony, by paying the same into the Treasury under such conditions as to interest and otherwise as may be prescribed by any general rules of the Court, or by depositing the same at interest in any incorporated bank in which the share holders are liable, over and above the amount of their shares in the subscribed capital, to a further liability of not less than the nominal value of their shares.
27. The Master may, with the lewe of a Judge, to be obtained on application in chambers in a summary way, invest any money unapplied as aforesaid upon mortgage of real estate or other security,
or in the purchase of land, if such purchase; appear to the Judge to
be desirable for the purpose1 of protecting the estate of the patient from injury or deterioration in value1, or of increasing the; value1 or
| facilitating the1 sale1 of other lands of the 1 estate ; and the Judge may, | on the 1 hearing of the application, deal with the same ex parte, or | |
| ||
| cretion, pay oven- to the patient, or to any person on bis behalf who ment and disposal thereof, the whole1 or any part of the money shall give satisfactory security to the Master for the proper manage | ||
| standing to the credit of the patient in the trust fund, and may hand over to him, e t r to the person aforesaid, all or any deposit-receipts, debentures, stock, securities, title deeds, documents and chattels forming part of his estate. And the receipt of the patient or person aforesaid shall be an absolute discharge to the Master, notwithstanding any informality in or about the granting of such permission as aforesaid. 29. Where a patient has, before1 his discharge, made or executed | ||
| personal, the Court or a Judge1 may. on application being made by the1 any transfer, sale, alienation, charge, or lease of any property, real or | ||
| Master in a summary way, and em notice being given to such persons | ||
| as the Court or Judge; may direct, set aside1 the saiel transfer, sale, alienation, charge, e>r lease1, and may make; such order in the premises | ||
| ||
| made; or executed the transfer, sale, alienation, charge, or lease;. | ||
| 30. (r) After the discharge e>r death of a patient, the Master may pay over to him in the case of his discharge, or to his legal personal representative in the case of his death, all money standing to the credit of that patient in the Trust fund, and may handover to him | ||
| or to h is legal personal representative (as the case maybe) all deposit | ||
| receipts, debentures, stock, securities, title deeds, and chattels forming part of h i s estate; and the receipt of t he said patient or his legal personal representative shall be an absolute release to the Master, notwith mode of obtaining the same: And the Master may, in the1 exercise; standing any informality in the discharge of the patient, or in the | ||
|
( i i ) Where advertisements for creditors to come in and prove
their debts have been duly published by the Master in the course1 of managing the property of a patient, and no debt has been proved within the1 time1 fixed for that purpose, or no debt remains unsatisfied,
the Master may, in his discretion, after the death of the patient, pay any sum not exceeding one hundred pounds out of money standing to the credit of the patient in the Trust fund, or may band OA'er any deposit-receipts, debentures, stock, securities, title-deeds, and chattels not exceeding that value and forming part of the estate
of the; patient to any person claiming as entitled in the distribution
of his estate, or as a legatBe under his will, notwithstanding letters of administration have not been obtained or the will proved, and notwith standing legal proof be not given of the right or title of the person claiming as aforesaid.
3 1 . In addition to the reports, returns, and list required by
section one hundred and eighty-one; of the Principal Act, every super intendent of an hospital for the insane shall from time to time, without
any
any unnecessary delay, forward to the Master a report in writing of the death, discharge, removal, absence on trial or for the benefit of his health, return, escape, and recapture of every patient in the said hospital.
32. (i) All personal effects in the hands of the Master belonging to a patient, and not claimed within two years from the date of the discharge of that patient, may be sold by direction of the Master, and the procBeds of the sale shall be paid by him into the Consolidated Revenue.
(n) All moneys standing to the credit of a patient in the
Trust fund at the end of six years from the death of that patient shall be carried to and form part of the Consolidated Revenue.
(in) Provided that nothing herein contained shall affect
the right of a person under the disability of infancy, coverture, insanity, or absence beyond the seas to recover the said moneys or the procBeds
of the said sale at any time within six years from the removal of that
disability.
33. (i) Notwithstanding the discharge or death of a patient, the Master may continue to perform the duties and exercise the powers conferred upon him with respect to the estate of that patient until he
receives notice of such discharge or death as aforesaid.(n) On the discharge or death of a patient, he or his legal
personal representatives (as the case may be) shall be bound by and may take advantage of an act lawfully done by the Master on behalf
of the patient, as if the said act had been done by the patient himselfwhile sane.
31. Where it appears to the Master that payments agrBed to be made under the Principal Act or this Act for the maintenance of or otherwise on behalf of an insane person or patient have fallen into arrears through circumstances beyond the control of the person
agrBeing as aforesaid, it shall be lawful for the Master in his discretion to forego altogether the payment of such arrears, or to accept a smaller sum in satisfaction thereof, or to make such other agrBement as he may think just and reasonable.
35. I t shall be lawful for the Justices, on complaint made by, or on behalf of the Master, under the provisions of section one hundred and forty-seven of the Principal Act, to order payment of a reasonable sum for or towards the past maintenance of a patient, and for in respect of money expended on his clothing, medicine and care ; and such order may be made notwithstanding the patient has been
discharged or is dead. 36. I f the amount mentioned in an order made by Justices
under the provisions of section one hundred and forty-seven of the Principal Act, or of the last preceding section of this Act, remains unpaid for six months from the date thereof, the Master may apply, on notice to the person named in such order as aforesaid, to the Court or a Judge for an order directing payment of the amount due; and upon the hearing of that application the Court or Judge may make such order in the premises, as may sBem just for payment of tin; amount found to be due as aforesaid, together with the costs of the application : Provided that nothing herein contained shall affect any other remedies which the Master may have for enforcing the order of the Justices.
No. X X I V .
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