Lunacy Act of 1878 No 3a (NSW)

No. VII .

An Act to consolidate and amend the Law

relating to the Insane. [4th February,
1879.]

Most Excellent Majesty by and with the advice and consent of the	WHEREAS it is expedient to consolidate and amend the Law relating to the Insane Be it therefore enacted by the Queen's
Legislative Council and Legislative Assembly of New South Wales in
Parliament assembled and by the authority of the same as follows : —
1. This Act shall come into operation on the first day of March in the year of our Lord one thousand eight hundred and seventy-nine and may be cited as the " Lunacy Act of 1878" and its sections arc divided into parts as follows :—

PART V.—Hospitals for the Criminal Insane. PART
PAIIT I.—Proceedings by which persons of unsound mind may be
placed wider restraint.

PART II.—Hospitals for the Insane.

PAIIT I I I . (1.) For the reception of the Insane.
Licensed Houses. (2.) lor the reception of a single Patient.
PAIIT IV.—Reception-houses for the Temporary Treatment of
the Insane.

PART VI . (1.) Inspection of the Insane.

Inspection Transfer and (2.) Transfer of Patients.
Discharge of Patients. (3.) Discharge of Patients.
PART VII.—Proceedings for declaring persons insane and for

the appointment of Committees &c.

(1.) General Powers and duties of Master

PART V I I I . in Lunacy.

Administration and (2.) Powers and Duties of Master in

Management of the Estates Lunacy in respect to Estates of

of Insane Persons and Insane Patients.

Patients. (3.) Management of the Estates of Insane
Persons.

PART IX.—Miscellaneous provisions.

2. The several enactments mentioned in Schedule 1 to this Act to the extent to which the same are in and by the said Schedule expressed to be repealed shall be and the same are hereby repealed but so that no proceedings or acts or things done or contracts made under the said Acts or any of them before or at the commencement of this
Act shall be invalidated or affected by the repeal aforesaid and all pro
ceedings respecting the person or estate of any person before the commencement of this Act found by inquisition idiot lunatic or of unsound mind and incapable of managing himself or his affairs and all proceedings for the purpose of procuring such a finding shall be carried on as far as may be practicable according to the provisions of this Act and subject thereto according to the provisions of the said Acts or any
of them which shall for that purpose be deemed to continue in force
notwithstanding the repeal aforesaid or in case of doubt as to the mode
of procedure in such of the modes aforesaid as the Master in Lunacy
hereby appointed shall direct.
3. In this Act and in the Schedules thereto the following terms

shall if not inconsistent with the subject-matter or context have the
respective meanings hereby assigned to them (that is to say)—

" Stock "—Shall comprehend any share or other interest in any company society or association established or to be established and any fund annuity or security transferable in books kept by any company society or association established or to be established or transferable by deed alone or by deed accom panied by other formalities and any money payable for the

therein respectively. discharge or redemption thereof and any share or interest

" Insane person "—-Any person who shall for the time being be idiotic lunatic or of unsound mind and incapable of managing
himself or his affairs and whether found insane by inquisition
or otherwise.

" Insane patient" and " patient"—Any person detained at the commencement of this Act in any public or private establish ment in New South Wales for the reception of insane persons and any person hereafter received into and detained in any hospital reception-house licensed house or other place respectively appointed or licensed under the provisions of this Act for the reception of insane persons or patients.
" Governor in Council"—The Governor with the advice of the
Executive Council.

" Superintendent"—Shall include the deputy superintendent of any hospital for the insane licensed house or reception-house.
" Inspector General " " Inspector General of the Insane " and shall include the Deputy Inspector General.

" Medical

" Medical practitioner"—A legally qualified medical practitioner

within the meaning of any law now or hereafter to he in
force within the Colony relating to the qualification of medical
practitioners.

" Public Hospital"—Any hospital or infirmary for the care and treatment of the sick or any benevolent asylum or any portion thereof respectively set apart for the temporary reception of the insane.
" Justice"—Justice of the Peace.
PART I.

Proceedings by which persons of unsound mind may be placed under

restraint.

4. Upon information on oath before a Justice that a person deemed to be insane is without sufficient means of support or is wan dering at large or has been discovered under circumstances that denote

a purpose of committing some offence against the law such Justice

may by order under his hand require a constable to apprehend such person and bring him before two Justices And every constable finding any such person so wandering or under such circumstances as are lastly abovementioned may without any such order apprehend him and take him before two Justices.

5. Any constable who shall have knowledge that any person deemed to be insane is not under proper care and control or is cruelly treated or cruelly neglected by any relative or other person having or assuming the care or charge of him shall forthwith give information

thereof upon oath to a Justice and such Justice upon such information or

upon the information upon oath of any person whomsoever to the like

effect shall either himself visit and examine such person and make

inquiry into the case or by an order under his hand direct and authorize some medical practitioner to visit and examine such person and make such inquiry and to report in writing to such Justice his opinion thereon and if 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 insane and not under proper care and

control or is cruelly treated or cruelly neglected by any relative or

person before two or more Justices.	may by order under his hand require any constable to bring such other person having or assuming the care or charge of him the Justice
G. The Justices before whom any such person as aforesaid is brought shall call to their assistance any two medical practitioners who may have previously examined such person apart from each other and separately signed certificates with respect to such person according to the form in Schedule 2 of this Act and if upon examination of such person and such medical practitioners and upon other proof (if any) such Justices be satisfied that such person is insane and is without
sufficient means of support or was wandering at large or discovered
under circumstances that denote a purpose of committing some offence against the law or is not under proper care and control or is cruelly treated or neglected by any person having or assuming the charge of him and that he is a proper person to be taken charge of and detained under care and treatment the said Justices may by an order under their hands according to the form in Schedule 3 of this Act together with such statement of particulars as is contained in Schedule 5 direct such person to be removed into some hospital for the insane or licensed

house
house to be named in such order and such person shall be forthwith conveyed to and detained in such hospital or licensed house accordingly and such Justices may examine the person deemed to be insane and any witness in the matter at any convenient place and proceed in all respects as if such person were brought before them at a Court of Petty Sessions Provided that such Justices may suspend the execution of any such order for any period not exceeding fourteen days and in the meantime give such directions or make such arrangements for the proper care and control of such person as they shall consider necessary Provided also that if the medical practitioners or one of them by whom such person shall be examined shall certify in writing that he is not in a
fit state to be removed the removal of such person shall be suspended
until the same or some other medical practitioner or practitioners certify in writing that such person is fit to be removed Provided also that any relation or friend may retain or take such insane person under his own care if he shall satisfy the Justices before whom such insane person shall be brought that such insane person will be properly taken care of anything in this Act to the contrary notwith standing Provided always that whenever any such examination is had at any other place than a public police office it shall be the duty of the magistrates to report to the Colonial Secretary the name residence and other particulars pertaining to the insane person and if such magis trates shall fail to make such return for the period of ten days they shall be each liable to a penalty not exceeding one hundred pounds.
7. The Justices causing any person to be examined by any medical practitioners under the provisions hereinbefore contained may grant a certificate for the payment of remuneration to such medical practitioners and of all other expenses in or about the examination of such person and the bringing him before Justices and of conveying him to an hospital for the insane licensed house reception-house or other place or for his proper care and control as in the sixth section mentioned as to such Justices may seem proper and such expenses where they cannot be obtained from the estate of the person examined shall be defrayed out of such fund as shall have been appropriated by Parliament for such purposes Provided always that the remuneration and expenses so awarded or sanctioned shall in every case be subject to the approval of the Colonial Secretary.
8. Any person may be received and detained as a patient in an hospital for the insane or a licensed house on the authority of a request under the hand of some person according to the form in Schedule 4

authenticated by a Justice or minister of religion authorized to celebrate marriage together with such statement of particulars as is contained in

Schedule 5 and two medical certificates each of which certificates shall be according to the form and contain the particulars required in Schedule 2 to this Act and be signed by a medical practitioner who shall separately from the medical practitioner who shall have signed or shall thereafter sign the other of such certificates have personally examined the person to whom such certificate relates not more than ten clear days previously to the reception of such person into such hospital or licensed house and such request as aforesaid may be signed
before or after the date of such medical certificates or either of them,

9. Every medical practitioner who shall sign any certificate under or for the purposes of this Act shall specify therein the facts upon which he has formed his opinion that the person to whom such

certificate relates is an insane person and shall distinguish in such certificate facts observed by himself from facts communicated to him

by others and no person shall be received into any hospital for the insane or licensed house under any certificate which purports to be founded only upon facts communicated by others.

10. No medical practitioner whose father brother son partner or assistant shall have signed the order or request or one of the certificates

for the reception of a patient into an hospital for the insane reception-

house or licensed house shall-sign any certificate for the reception of the same patient and no medical practitioner who or whose father brother son partner or assistant shall be the superintendent of or a medical officer of an hospital for the insane reception-house or licensed house or a regular professional attendant in a licensed house or wholly or partly the proprietor or the mortgagee or lessee of a licensed house or who shall receive a percentage on or otherwise be interested in the payments to be made by or on account of any patient received into such hospital reception-house or licensed house shall sign any order request or certificate for the reception of a patient into any such hospital reception-house or licensed house And no medical practitioner shall

himself or by his servants or agents receive to board or lodge in any licensed house or take the charge or care of any person upon or under
any medical certificate signed by himself or his father brother son partner or assistant And no medical practitioner having (either

before or after the passing of this Act) signed any certificate for the
reception of any person into a licensed house shall be the regular professional attendant of such person while under care or charge under such certificate Provided always that any superintendent or medical

officer of any such hospital other than an hospital for the criminal

insane may sign a certificate in the case of a prisoner under sentence in any gaol prison or penal establishment for his reception into an hospital for the criminal insane.

11. I f any medical practitioner shall grant any such certificate as aforesaid without having seen and carefully examined the person to whom it relates at the time and in the manner specified in such certifi

cate for the purpose of ascertaining the condition of such person to

the best of his knowledge and power he shall for every such offence be liable to a penalty not exceeding fifty pounds And if any such practitioner shall wilfully and falsely certify in writing that any person

is insane knowing him not to be insane the practitioner so certifying

shall be guilty of a misdemeanor.

12. No order or request for the reception of any patient into an hospital for the insane or licensed house shall remain in force after twenty-eight days from the date of the medical certificates which shall have been given under the provisions herein contained in respect of

such patient or the date of the last of them. 13. I f after the reception of any insane person into any
hospital for the insane or licensed house it shall appear that

the order or request or the medical certificates or either of them or any statement or copy of any order upon which he was received is or are in any respect defective or incorrect such order or request or medical certificates or either of them or statement or copy of any order may be amended by the person and persons who shall have signed the same within twenty-eight days next after the reception of such insane person Provided nevertheless that every such amendment shall be approved by the Colonial Secretary and if any such incorrect or defective order request certificate statement or copy of order is not amended within twenty-eight days after the receipt by the superintendent
of such hospital or licensed house of a direction in writing from the

Colonial Secretary requiring such amendment the Colonial Secretary

may order the Inspector General to visit the patient to whom such order request certificate statement or copy of order relates and such Inspector General may order the patient's discharge and such patient shall be discharged accordingly.

14. "Where any person has been found insane by any proceeding in the Supreme Court an order signed by a Judge of the Supreme Court or by the committee appointed by the said Court and having thereto annexed an office copy of the order appointing such committee shall be sufficient authority for the reception of such person into any hospital for the insane or licensed house without any farther order or any such medical certificate as hereinbefore mentioned.
15. Every person who shall receive any person into any hospital for the insane reception-house licensed house or other place appointed under this Act without such order or request and such medical certificate or certificates statement and office copy of such order as in such case shall be required under the provisions of this Act shall be guilty of a misdemeanor Provided always that
a person may be received into a reception-house public hospital or
gaol upon the certificate of one medical practitioner alone but in every such case one other such certificate shall before such person shall be received into any hospital for the insane or licensed house be lodged with or obtained by the superintendent or officer in charge of such reception-house public hospital or gaol.
16. Every person lawfully received into any hospital for the insane reception-house licensed house or other place appointed under this Act shall be detained therein until he be removed or discharged in the manner authorized by this Act and in case of escape therefrom may be retaken at any time within twenty-eight days after his escape by the superintendent of such hospital reception-house licensed house or other place or any other officer or any servant belonging thereto or by any constable or by any other person authorized in that behalf by such superintendent and may be conveyed to and received and detained in such hospital reception-house licensed house or other place.
PART I I .
Hospitals for the Insane.

17. The Governor in Council may by notification published in the Gazette appoint any place to be an hospital for the insane and in and by such notification may assign a name to such hospital and any such appointment may be revoked in like manner.

18. All places appointed to be lunatic asylums under any former

Act shall be deemed to have been appointed and to be hospitals for the
insane under this Act and all officers and servants already appointed shall continue to discharge the duties of their respective offices until they are reappointed or removed or superseded by the appointment of other persons officers and servants.
19. The Governor in Council may appoint for every hospital a

superintendent who shall be a medical practitioner and also a deputy
superintendent and such other officers as he may deem necessary.

20. Immediately on the admission of any person as a patient into such hospital an entry with respect to such patient shall be made in a book to be kept for that purpose to be called the Register of Patients according to the form and containing the particulars specified in Schedule 7 of this Act or such other form and containing such other particulars as the Colonial Secretary may direct (except as to the form of disorder the entry as to which shall be supplied by the superintendent of the hospital within one month after the admission
of the patient and except as to the discharge removal or death of the
patient the entry as to which shall be made when the same shall

happen)

happen) and after the second and before the end of the seventh clear day from the day of admission of any person as insane into any hospital a notice of such admission shall be transmitted to the Colonial

Secretary in the form of Schedule 8 to this Act with a copy of the

order and statement and certificate or certificates on which such insane person has been received together with a statement to be made and signed by the superintendent of such hospital not sooner than two clear days after such admission according to the form in the said last men tioned Schedule.
21. In every hospital the superintendent shall once at least in every week enter or cause to be entered in a book to be kept for the purpose to be called the medical journal a statement according to the form in Schedule 9 of this Act and shall also enter or cause to be entered in a book to be called the case book (to be kept in such form and manner as the Colonial Secretary shall direct) as soon as may be after the admission of any patient the mental state and bodily condition of every patient at the time of his admission and also the history of his case whilst he shall continue in such hospital together with a correct description of the medicines and other remedies prescribed for the treatment of his disorder and in case of death an

exact account of the autopsy (if any) of such patient.

22. Within forty-eight hours after the discharge removal escape
or recapture of any patient a written notice of such discharge removal

escape or recapture according to the form in Schedule 10 of this Act shall be transmitted to the Colonial Secretary and within forty-eight hours after the death discharge or removal of any patient an entry

thereof shall be made in the said register of patients and also in a book

to be kept for the purpose according to the form and containing the
particulars in Schedule 11 of this Act.

23. In case of the death of any patient in any hospital a notice and statement according to the form in Schedule 12 of this Act respecting the death and cause of the death of such patient shall be drawn up and signed by the superintendent of such hospital and transmitted—in addition to any notice respecting such death required

by any law for the time being in force relating to the registration of

deaths—within forty-eight hours after such death to the Colonial

Secretary and also to a relation named in the statement of particulars

subjoined to the order of admission of such patient or to the person

who shall have signed the request for his admission.

PART I I I .
Licensed Houses.
(1.) For the reception of the Insane.

24. The Governor in Council may subject to the provisions hereinafter contained by writing under his hand as nearly as con veniently may be in the form in Schedule 13 to this Act grant to any person or to two or more persons jointly a license for any period not exceeding three years to keep a house for the reception of a certain number of insane patients to be mentioned in such license and may renew or revoke such license And every license granted under the

Act thirty-first Victoria number nineteen in force at the date of the

passing of this Act shall be deemed to have been granted and to be
held under and subject to the provisions of this Act.

25. The person who shall desire to obtain a license for a house
for the reception of insane patients shall give a notice to the Colonial Secretary which shall contain the true christian name and surname place
of abode and occupation of such person and a true and full description of
his estate or interest in such house and such notice when given for any house which shall not have been previously licensed shall be accom panied by a plan of such house to be drawn upon a scale of not less than one-eighth of an inch to a foot with a description of the situation
thereof and the length breadth and height of and a reference by a
figure or letter to every room or apartment therein and a statement
of the quantity of land not covered by any building annexed to such
house and to be appropriated to the exclusive use exercise and recreation
of the patients proposed to be received therein and also a statement of
the number of patients proposed to be received into such house and whether the license so applied for is for the reception of male or female patients or both and if for the reception of both of the number of each
sex proposed to be received into such house and of the means by
which one sex may be kept distinct and apart from the other.
26. Any one license to be granted for the reception of insane patients may include two or more houses belonging to one proprietor or two or more joint proprietors provided that no one of such houses be separated from the other or others of them otherwise than by land in the occupation of such proprietor or proprietors and by a road or by either of such modes and all houses buildings and lands intended to be included in any license shall be specified delineated and described in the plan hereinbefore required.
27. No addition or alteration shall be made to in or about any

licensed house or the appurtenances thereof unless previous notice in
writing of such proposed addition or alteration accompanied by a plan of such addition or alteration to be drawn upon the scale aforesaid and to be accompanied by such description as aforesaid shall have been given by the person to whom the license shall have been granted to the Colonial Secretary and the consent in writing of such Colonial Secretary shall have been previously given.
28. Any person applying for the renewal of a license shall with such application transmit to the Colonial Secretary a statement signed by the person so applying containing the names and number
of the patients of either sex then detained in such house.
29. I f any licensee under this Act shall by sickness or for other

sufficient reason become incapable of keeping the licensed house or shall

writing endorsed on such license transfer the said license with all the die before the expiration of the license the Colonial Secretary may by
privileges and obligations annexed thereto for the term then unexpired to such person as he shall approve and in the meantime such license shall remain in force and have the same effect as if granted to such person and in case a license shall have been or shall be granted to two or more persons and before the expiration thereof any of such persons shall die leaving the other or others surviving such license shall remain in force and have the same effect as if granted to such survivors or survivor.
30. I f any licensed house shall be pulled down or occupied under

the provisions of any Act of Parliament or shall by fire tempest or other accident be rendered unfit for the accommodation of insane patients or if the person keeping such house shall desire to transfer the patients to another house the Colonial Secretary may grant to the licensee of such house a license to keep another house for the reception of insane patients for any time not exceeding the period for which the current license is then held Provided always that a like notice accompanied by a like plan statement and description shall be given as to such

intended

intended new house as is hereby required when application shall be
first made for a license for any house and shall be accompanied by a
statement in writing of the cause of such change of house.
31. Before the revocation of any such license notice in writing shall seven clear days previously be given to the licensee or shall be
left at the licensed house.

32. I f after a lapse of two months from the expiration of any

license for the use of any house for the reception of the insane which
shall not have been renewed or if after the revocation of any such
license there be in any such house any insane patient every person
keeping such house or having the care and charge of such patient
shall be guilty of a misdemeanor.

33. No person (unless he be a person who derives no profit from the charge or a committee or person appointed by the Supreme Court or any Judge thereof or otherwise authorized under this Act or a person to whom charge of an insane relation or friend is given under

section eighty-nine of this Act) shall receive to board or lodge in any
house or take the care or charge of any patient as insane and any person offending against this provision shall be guilty of a misdemeanor.
31. Every licensed house containing more than one hundred patients shall have at all times a medical practitioner resident therein whose true christian and surname shall be given in the notice of application for the license who whether he be the licensee or pro prietor or not shall be the superintendent thereof Provided that the
licensee of such house may remove such medical practitioner and
appoint some other medical practitioner giving a notice containing the true christian name and surname of such medical practitioner to the Colonial Secretary And every such house containing over fifty patients shall be visited daily by a medical practitioner And every such house containing fifty or less than fifty patients shall be visited twice a week by a medical practitioner and in all cases Avhere a medical practitioner is not appointed as superintendent the licensee shall bo the superintendent of the house named in the license Provided always that no license shall be of any validity unless the superinten dent of the house licensed shall reside therein and the house be visited by a medical practitioner as and at such times as hereinbefore men tioned Provided further that when any house is licensed to contain
less than ten patients the Colonial Secretary may permit such house
to be visited by a medical practitioner less frequently than twice in every week Provided also that the present licensee of the house
known as Bay View House at Cook's lliver so long as he shall be
licensee of the same shall for the purposes of this section only be taken
to be a medical practitioner.
35. Every superintendent of a licensed house shall within two days after the reception of a patient make an entry with respect to such patient in a book to be kept for that purpose to be called the register of patients according to the form and containing the particulars required in Schedule 7 to this Act or such other form and containing such other particulars as the Colonial Secretary may direct (except as to the form of the mental disorder and except also as to the discharge removal or death of the patient the entry as to which latter shall be made and signed by such superintendent when the same shall happen) And every person who shall not make such entries within or at the times aforesaid shall be liable to a penalty not exceeding two pounds.
36. The form of the mental disorder of every patient received into any licensed house shall within seven days after his reception be entered in the said register of patients by the medical officer of such house And every such medical officer who shall omit to make and sign any such entry within the time aforesaid shall for every such
offence be liable to a penalty not exceeding two pounds.

37. The superintendent of every licensed house shall within twenty-four hours after the admission of any patient transmit to the Colonial Secretary a notice of such admission in the form in Schedule 8 to this Act with a copy of the order statement and medical
certificates on which such person shall have been received and after
two clear days and before seven clear days after such admission shall transmit to the Colonial Secretary a statement to be made and signed by the medical officer of such licensed house not sooner than two clear days after such admission according to the form in Schedule 8 to this
Act And every superintendent who shall neglect to transmit such
copy notice or statement to the Colonial Secretary shall be guilty of a
misdemeanor.
38. Every superintendent of a licensed house shall once in every week enter and sign in a book to be kept at such house for that purpose to be called the medical journal a statement according to the form in Schedule 9 hereto and every such superintendent who shall omit to enter such report as aforesaid shall for every such omission be
liable to a penalty not exceeding twenty pounds.
39. There shall be kept in every licensed house a book to be

called the medical case book in the form and manner directed by
the Colonial Secretary in which the superintendent shall make or cause to be made entries of the mental state and bodily condition of each patient together with a correct description of the medicine and other remedies prescribed for the treatment of his disorder And the
Colonial Secretary may require such superintendent to transmit to
him a correct copy of the entries in such medical case book relative to the case of any patient who shall be or may have been confined in any such licensed house And every such superintendent who shall
neglect to keep the said medical case book or to keep the same
according to the form directed as abovemcntioned or to transmit a copy of the said entry or entries pursuant to such order or orders as aforesaid shall for every such offence be liable to a penalty not exceeding ten pounds.
40. Whenever any patient shall escape from any licensed house the superintendent of such house shall within two clear days next after such escape transmit a written notice thereof to the Colonial
Secretary and such notice shall state the christian and surname of the
patient who shall have so escaped and his then state of mind and also the circumstances connected with such escape and if such patient shall be brought back to such house such superintendent shall within two

clear days next thereafter transmit a written notice thereof to the Colonial Secretary and such notice shall state when such person was
so brought back and the circumstances connected with his bringing

back and whether with or without a fresh order and certificates or certificate And every superintendent omitting to transmit such notice
whether of escape or return shall for every such omission be liable to a
penalty not exceeding ten pounds.

41. Whenever any patient shall be removed or discharged from any licensed house or shall die therein the superintendent of such house shall within two clear days next after such removal discharge or death make and sign an entry thereof in a book to be kept for that purpose according to the form and stating the particulars in Schedule
11 to this Act and shall also in the case of a death within two days

after such death transmit to the Colonial Secretary (in addition to any notice respecting such death required by any law now or hereafter in
force relating to the registration of deaths) a written notice of tin;

death of such patient and of the cause thereof according to the form in Schedule 12 to this Act and in the case of the removal or discharge
of such patient of such removal or discharge according to the form in

Schedule

Schedule 10 to this Act and shall also in the case of such death transmit a copy of such notice to one of the relations named in the statement subjoined to the order or request for admission or to the person who signed such order or request And every superin tendent who shall neglect to make and sign such entry or transmit such notice or notices shall be guilty of a misdemeanor.

(2.) For the reception of a single insane person.

42. The Colonial Secretary may grant to any person or to two or more persons jointly a license to keep a house for the reception of a single insane patient and from time to time may renew or revoke such

license No person licensed under this section shall receive to board or

lodge in any such licensed house for reward or shall take the care or charge of any patient as insane without the like order statement and medical certificates or certificate in respect of such patient as are herein

before requiredon the reception of a patient into an hospital forthe insane
And every person licensed under this section shall within twenty-four hours after receiving a patient transmit to the Colonial Secretary a notice of such admission in the form in Schedule 8 to this Act together with copies of the order statement and medical certificates or certificate on which such patient shall have been so received and shall also after the second and before the end of the seventh day from such admission cause each patient to be visited by a medical prac titioner and forthwith transmit to the Colonial Secretary a statement in the form in Schedule 8 to this Act to be made and signed by such medical practitioner so visiting such patient after such admission.
43. Every such patient shall after the second day and before the end of the seventh day after his admission and thereafter at least

once in every two weeks be visited by a medical practitioner not himself

deriving and not having a partner father son brother or other relative who derives any profit from the care and charge of such patient and such medical practitioner shall enter and sign in a book to be kept
for that purpose to be called the medical journal (regulations as

to the form of which and the particulars to be entered therein shall be made by the Colonial Secretary) the date of each of his visits and a statement of the condition of the patient's health both mental and bodily and of the condition of the house in which the patient shall be and such book shall be produced to the Inspector General on every visit and shall be signed by him as having been so produced and the person by
whom the care or charge of such patient shall have been taken or into

whose house he shall have been received as aforesaid shall transmit to
the like persons the like notices and statements of the death removal

escape and recapture of such patient and within the like periods as are hereinbefore required in the case of the death removal escape or recapture of a patient received into a licensed house And every person who shall fail to comply with the regulations made as afore said shall be guilty of a misdemeanor.

44. I f any occupier or inmate of any private house shall keep or detain therein any insane person although he be a relative of such occupier or inmate beyond the period of a year after the malady shall have become apparent and confirmed and where it shall have been such as to require during any part of such period coercion or restraint such occupier or inmate or the medical practitioner attending such insane person so detained shall intimate such detention to the Colonial

Secretary and shall transmit to the Colonial Secretary a written certi

ficate signed by a medical practitioner of the condition of the person so detained and shall state the reasons which render it desirable that such person should remain under private care and the Colonial Secretary may thereupon or without such intimation authorize the Inspector General

c or
or a Justice such Justice to he accompanied by a medical practitioner to visit and inspect such person and to make such inquiry respecting his treatment as to such Inspector General or Justice and medical practi tioner may seem fit And if upon such inquiry it shall appear that such person is insane and has been so for a space exceeding a year and that restraint or coercion of any kind has been resorted to and that the circumstances are such as to render the removal of such insane person to an hospital for the insane or licensed house necessary or expedient the Colonial Secretary may order the removal of such insane person accordingly and the order of the Colonial Secretary under his hand shall be sufficient authority to the superintendent of the hospital or
licensed house to which the insane person shall be sent to receive
such insane person accordingly And any person who shall keep harbour conceal or aid in keeping harbouring or concealing beyond such period as aforesaid any person as insane without such intima tion thereof to the Colonial Secretary and any medical practitioner attending on such person kept or detained as insane beyond such period who shall wilfully neglect to disclose the condition of such person so kept or detained to the Colonial Secretary shall severally
for every such offence be liable to a penalty not exceeding two hundred
pounds or to imprisonment for any period not exceeding three months.
PART IV.

Reception-houses &c. for the temporary treatment of the Insane.

45. The Governor in Council may by notification in the Gazette appoint such houses and premises as he may think expedient for the reception and temporary treatment of persons certified to be insane and every such house and premises shall be a reception-house for the insane And any such appointment may be revoked in like manner And every reception-house and all officers and servants thereof appointed under the Act thirty-first Victoria number nineteen shall be deemed to have been appointed under this Act.
46. The Governor in Council may appoint a superintendent and a medical officer for every such reception-house.

47. The Colonial Secretary shall make regulations for the government of reception-houses.

such purpose by the committee or the persons in whose hands shall declare wards of any public hospital which may be set apart for 48. The Governor in Council may by notification in the Gazette

be vested the management of such hospital to be wards for the temporary reception of persons certified to be insane and thereupon the Colonial Secretary shall make regulations for the dietary treat ment and inspection of patients in such wards.

49. Any Justice may by order under his hand in the form of Schedule 6 hereto direct the reception and detention of any person
(for whose reception into an hospital for the insane or licensed house

the necessary order or request certificates and statement have been signed and remain in force) in any such reception-house or in any gaol or in any such public hospital so set apart for immediate treatment.

50. No insane patient shall be detained in any reception-house gaol or public hospital beyond a period of fourteen days unless the medical officer thereof shall certify in writing that such person is not in a fit state to be removed therefrom or would be benefited by remaining therein and in such case the removal of such insane patient shall be suspended until the visiting medical officer shall certify that such person is fit to be removed,

51. On receipt of a certificate from the medical officer of such reception-house gaol or public hospital that any person confined therein as an insane patient is of sound mind or may with safety be discharged to the care of a relation or friend any Justice may order the discharge

of such person.

PART V.
Hospitals for the Criminal Insane.

52. The Governor in Council may by notification published in the Gazette declare that any hospital for the insane gaol or place or part of any such hospital gaol or place provided for or appropriated
for that purpose shall be an hospital for the criminal insane and any

such appointment may be revoked in like manner.

53. The Governor in Council may appoint for every hospital

for the criminal insane a superintendent a medical officer and such

other officers as he may deem necessary.

51. The Colonial Secretary shall make regulations for the government and management of hospitals for the criminal insane.
55. Immediately on the admission of any person as a patient into an hospital for the criminal insane an entry with respect to such patient shall be made in a book to be kept for that purpose to be
called the register of patients according to the; form and containing

the particulars specified in Schedule 7 of this Act or such other form and containing such other particulars as the Colonial Secretary may direct (except as to the form of disorder the entry as to which is to be supplied by the medical officer of the hospital within one month after the admission of the patient and except as to the discharge removal or death of the patient the entry as to which is to be made when the same shall happen).

56. In every hospital for the criminal insane the superintendent

thereof shall once at least in every week enter or cause to be entered
in a book to be kept for the purpose to be called the medical journal
a statement according to the form in Schedule 9 of this Act and
shall also enter or cause to be entered in a book to be called the case book (to be kept in such form as the Colonial Secretary shall direct) as soon as may be after the admission of any patient the mental state
and bodily condition of every patient at the time of his admission and
also the history of his case whilst he shall continue in such hospital

together with a correct description of the medicines and other remedies prescribed for the treatment of his disorder and in case of death an exact account of the autopsy (if any) of such patient.

57. Within forty-eight hours after the death discharge removal escape or re-capture of any patient a written notice of such death discharge removal escape or recapture according to the form in Schedules 30 and 12 of this Act respectively shall be transmitted to the Colonial Secretary and within forty-eight hours after the death discharge or removal of any patient an entry thereof shall be made in the said register of patients and also in a book to be kept for the purpose according to the form and containing the particulars in Schedule 11 of this Act.

58. I f any person indicted for any offence shall be insane and shall upon arraignment be found so to be by a jury lawfully impannelled

for that purpose so that such person cannot be tried upon such indict
ment or if upon the trial of any person so indicted such person shall appear to the jury charged with such indictment to bo insane it shall

be
be lawful for the Court before which any such person shall be brought to be arraigned or tried as aforesaid to direct such finding to be recorded and thereupon to order such person to be kept in strict custody in such place and in such manner as to the Court may seem fit until he shall be dealt with as hereinafter provided And in all cases
where it shall be given in evidence upon the trial of any person
charged with any treason felony or misdemeanour that such person was insane at the time of committing such offence and such person
is acquitted the jury shall be required to find specially whether such
person was insane at the time of the commission of such offence and to declare whether such person was acquitted by them on account of such insanity and if they shall find that such person was insane at the time of committing such offence the Court before whom such trial is had shall order such person to be kept in strict custody in such place and in such manner as to the Court may seem fit until the Governor's pleasure shall be known And it shall be lawful in any case where the jury have so found that such person was insane at the time of committing such offence for the Governor upon the receipt of certificates by two medical practitioners in the form of Schedule 2 accompanied by a statement of particulars in the form of Schedule 14 by warrant under his hand to direct that such person be conveyed to and kept in an hospital for the criminal insane during the Governor's pleasure.
59. When any person committed to take his trial for any

offence shall be certified by two medical practitioners in the form of
Schedule 2 to be insane or shall upon arraignment be found by verdict to be insane the Colonial Secretary may direct by order under his hand in the form of Schedule 15 that such person be removed to an hospital
for the criminal insane and detained in such hospital until he shall be certified by the medical officer and the Inspector General or by the
said medical officer and two official visitors to be of sound mind whereupon the Colonial Secretary shall order his removal to the gaol from whence he came in order to his being tried for such offence Provided that such detention for any period shall not operate as a bar to his subsequent indictment and trial for such offence.
60. I f any person while imprisoned in any gaol prison or penal establishment under any sentence of death hard labor or imprisonment shall appear to be insane the Comptroller-General of Prisons shall direct that such prisoner shall be placed under observation as in section sixty- seven mentioned and the Colonial Secretary may upon the receipt of
certificates by two medical practitioners in the form of Schedule 2

accompanied by a statement of particulars in the form of Schedule 14
direct by order under his hand in the form of Schedule 15 that such person be removed to and kept in an hospital for the criminal insane until it shall be duly certified by the medical officer of such hospital and the Inspector General or by the said medical officer and two
official visitors that such person has become of sound mind where
upon the Colonial Secretary shall if such person remain subject to be continued in custody issue his order to the superintendent of such hospital directing that such person shall be removed to the gaol prison or penal establishment from whence he has been taken or if the period of his imprisonment has expired that he shall be discharged.
61. When by reason of the expiration of his term of imprison ment or otherwise any person confined in any hospital for the criminal insane would if duly certified to be of sound mind be entitled to his discharge the Colonial Secretary may (upon the certificate of the medical officer of such hospital that the person is still insane) by writing under his hand order his discharge and removal to some other hospital not being an hospital for the criminal insane or to be other wise subjected to the same care and treatment and to be dealt with

in

in all respects as an insane person not being a criminal Provided that when such insane person is certified by such medical officer to

suffer from homicidal propensities or from insanity of such a kind as

renders it advisable that he should he detained in an hospital for the criminal insane the Colonial Secretary may order such detention after the expiration of his sentence.

62. When any person detained in an hospital for the criminal

insane whose sentence is unexpired shall be certified by the medical

officer and the Inspector General or by the said medical officer

and two official visitors to be demented and not dangerous the Colonial

Secretary may direct his removal therefrom to any other hospital for

the insane not being an hospital for the criminal insane.
63. When any person shall be ordered to be kept in custody during the Governor's pleasure any order made by the Governor in relation to the custody of such person may be renewed and varied from time to time And the Governor in Council may permit any person confined in any hospital for the criminal insane not being a person under conviction and sentence to be liberated from custody or con finement upon such terms and conditions as he may think fit And

if any of such conditions be broken such person may be retaken and

dealt with as hereinafter enacted in case of an escape.

64. In case of the escape of any person confined in any hospital for the criminal insane he may be retaken at any time by the superintendent of such hospital or any officer or servant belonging thereto or any constable or any person assisting such superintendent

officer servant or constable or any other person authorized by the Colonial Secretary or such superintendent and shall be conveyed to and

received and detained in such hospital.

65. Any person who rescues any person ordered as aforesaid to be conveyed to any hospital for the criminal insane during his con veyance thereto or his confinement therein and the superintendent or any officer servant or other person employed in any such hospital who through wilful neglect or connivance permits any person so confined therein to escape therefrom or secretes or abets or connives at any such escape shall be guilty of felony and be liable to imprisonment with or without hard labour for any term not exceeding three years And any such superintendent officer servant or other person who carelessly allows any such person to escape shall be guilty of a misdemeanour.

66. Any person committed to take his trial for having attempted to commit suicide who shall be certified by two medical practitioners in
the form of Schedule 2 hereto to be insane shall forthwith be; sent to an
hospital for the insane other than an hospital for the criminal insane
and such person when certified by the medical officer and Inspector General or by the medical officer and an official visitor to be of sound mind shall be discharged from such hospital and shall not be put upon his trial or be liable to any charge or indictment for having attempted such act of suicide.

67. The Governor in Council may by notification published in the Gazette set apart a ward cell or cells in any gaol or penal establish ment for the detention of any prisoner who may be supposed to be insane or who from mental imbecility may be supposed to be unfit for penal discipline in order that he may be there placed under observation until it be certified by two medical practitioners one of whom shall be either the Inspector General or the superintendent or medical officer

of an hospital for the insane that he is of sound mind or is insane

and a fit subject for detention in an hospital for the criminal insane.

PART

PART VI .
Inspection Transfer and Discharge of Patients.
(1.) Inspection of the Insane.

68. The Governor in Council may appoint an Inspector General

and such Inspector General shall be paid travelling expenses in
addition to his salary as Inspector General.

69. Every hospital whether for the insane or for the criminal insane and every licensed house shall be visited by the Inspector General it least once in every six months and with or without any previous notice md every such visit shall be made at such hour of the day or night and for such length of time as he shall think fit and also at such other times as the Colonial Secretary may direct And such Inspector General when visiting such hospital or licensed house shall so far as practicable inspect
every part of the same and every out-house and building communicating
therewith or detached therefrom and every part of the ground or ippurtenances held or occupied therewith and see every patient then confined therein and make such inquiries examinations and inspections
is are set forth in section seventy-one of this Act and enter in the
inspector General's book hereinafter mentioned a minute of the then
3ondition of such hospital or licensed house and of the patients therein
md such other remarks as he may deem proper And also if such visit be the first after the granting of a license to any licensed house mall examine such license.
70. Every reception-house appointed under this Act and any ward

set apart in any public hospital or other institution for the reception of insane patients and any ward cell or cells set apart in any gaol or penal sstablishment under section sixty-seven of this Act shall as often as he shall think fit and with or without any previous notice be visited by the Inspector General and every such visit shall be made at such hours of the day or night or for such length of time as he shall think fit and also at such other times as the Colonial Secretary may direct and such Inspector General at every such visit shall inspect every part of the same see each patient confined therein and make such inquiries as are set forth in section seventy-one of this Act and enter in the Inspector General's book hereinafter mentioned a minute of the then condition of the reception-house and of such ward cell or cells
and of the patients therein with any observations which he may deem
proper.
71. The Inspector General on his several visitations to every such

hospital reception-house and licensed house and to every such ward or
cell as aforesaid shall inquire as to the care treatment and mental and
bodily health of the patients therein and the arrangements for their maintenance and comfort—as to whether any patient is under restraint or in seclusion and why—as to whether and at what times an d to what number of patients Divine Service is performed—as to what occupa tions or amusements are provided for the patients—as to the classifica tion and dietary of the patients and the number of the attendants and nurses—and also as to the moneys paid for the maintenance of any insane person with all such other inquiries as to such Inspector General may seem fit And such Inspector General shall examine the several books by this Act required to be kept and sign the said books as having been produced to him and shall inspect the order and certifi
cates for the reception of every patient who shall have been received
into such hospital licensed house reception-house or other place since
the last visit of the Inspector General or official visitor thereto.

72. The Inspector General shall once at least in every sis months and may at all reasonable times visit every house licensed under this Act

for the reception of one insane patient only and shall inquire as to the

treatment and state of health both mental and bodily of such patient and as to the moneys paid to the superintendent or licensee on account

of such patient and to report thereon to the Colonial Secretary.

73. The Inspector General shall early in every year make a report in writing to the Colonial Secretary of the state and condition

of the several hospitals licensed houses reception-houses and other places

visited by him during the preceding year and of the care of the patients therein and of such other particulars as he shall think deserving of notice and a true copy of such report shall forthwith be laid before Par liament if then in Session or if not then in Session within twenty-one days after the commencement of the next Session of Parliament.
74. The Inspector General shall have no interest directly or indirectly in any licensed house for the insane and shall not sign any

certificate for the admission of any patient into any hospital or licensed

house except for the admission of insane persons undergoing sentence in some gaol or penal establishment into any hospital for the criminal insane.

75. All plans for building or enlarging or improving any hospital for the insane or the criminal insane reception-house ward or

cells for the insane in any hospital gaol or public hospital shall

be submitted to the Inspector General who shall report thereon in writing to the Colonial Secretary and no plan shall be carried into

effect without such report as aforesaid.

76. All plans of houses for which a license for the reception
of insane persons is sought to be obtained under this Act and for

additions to or alterations to in or about those already licensed shall be submitted to the Inspector General who shall report thereon in writing to the Colonial Secretary and no license shall be granted for the reception of insane persons and no addition or alteration to in or about such house already licensed shall be undertaken without such report as aforesaid.

7 7 . There shall be hung up in some conspicuous part of every

hospital whether for the insane or for the criminal insane reception- house or licensed house a copy of the plan of such hospital reception- house or licensed house and there shall be kept in every such hospital reception-house and licensed house a copy of this Act bound up in a

book to be called the Inspector General's book and the said Inspector General shall at the time of his visitations enter therein the result of his	inspection and inquiries hereinbefore directed or authorized to be
made by him with such observations if any as he shall think proper.
78. The Governor in Council may appoint for every hospital for the insane or the criminal insane licensed house reception-house or other place where patients certified to be insane or persons so found by inquisition are detained two or more official visitors one of whom shall be a medical practitioner and one a police magistrate or a barrister-at- law any two or more of whom one being a medical practitioner shall visit the place to which they are appointed visitors once at least every month with or without any previous notice and at such hours of the day or night and for such length of time as they shall think fit and also at such other times as the Colonial Secretary may direct and such official visitors when visiting such hospital licensed house reception-house or other place shall so far as practicable inspect every part of the same and every out-house and building communicating therewith or detached therefrom and every part of the grounds or appurtenances held or occupied therewith and see every patient confined therein and make such inquiries examinations and inspections as are set forth in

section
section seventy-one of this Act and enter in the Inspector General's
hook a minute of the then condition of the said hospital licensed house reception-house or other place and of the patients confined therein and such other remarks as they may deem proper and shall after every visit transmit to the Colonial Secretary a statement of the number of patients admitted and discharged since the date of the last visitation together with a copy of the entry made by them in the Inspector General's book and any other information they may consider necessary Any or all of the official visitors may be appointed to two or more hospitals for the insane or the criminal insane licensed houses reception-houses or other places where patients certified to be insane are detained.
79. No person shall be or act as an official visitor of any
hospital licensed house reception-house or other place where patients
certified to be insane arc detained who shall be directly or indirectly
interested therein and no such visitor shall sign any certificate for the admission of any patient into any hospital reception-house licensed house or other place for the reception of insane patients or shall professionally attend on any patient in any licensed house of which he shall be an official visitor.
(2.) Transfer of Patients.

80. The Colonial Secretary may direct by an order in writing the removal of any patient from any hospital for the insane or licensed house to any other such hospital or licensed house and every such order shall be in duplicate and one copy shall be delivered to the superintendent of the hospital or licensed house from which the patient is ordered to be removed and the other shall be delivered to the superintendent of the hospital or licensed house into which the patient is ordered to be removed And such order for removal shall be a sufficient authority for the removal of such patient and also
for his reception into the hospital or licensed house into which he is
ordered to be removed and for his detention therein or thereby Pro vided always that a copy of the order and statement with which such patient was received into the hospital or licensed house from which he
is removed together with an abstract of his treatment and progress certified by the superintendent of such hospital or licensed house (or
in the case of a house licensed under section forty-two of this Act of the licensee thereof) shall be delivered with one copy of the said order
of removal to the superintendent of the hospital or licensed house to

which such patient is removed.
81. I f it shall be made to appear to the Supreme Court or to a Judge thereof that any insane person or patient has relations or friends in any place beyond New South Wales who are willing to undertake the care and charge of such insane person or patient and that it would be for his benefit if he were to be removed to such place such Court or Judge may order such insane person or patient to be removed from New South Wales and make such further or other order authorizing or directing his removal and touching -his safe custody and maintenance as to such Court or Judge shall seem fit and may order that security shall be given for the safe custody and maintenance
of such insane person or patient in any such place beyond New South
Wales Provided always that no order shall be made for the removal of
any such insane patient until after fourteen days notice of the intention to apply for such an order shall have been given to the superintendent
of the hospital or licensed house in which such insane person or patient
shall be confined or to the person in whose care or custody such insane person or patient shall be unless such superintendent or person shall
himself be the person applying for such an order.

82. The superintendent of any hospital for the insane or licensed house may with the consent in writing of the Inspector General send or take under proper control any patient to any specified place for any definite time for the benefit of his health and also permit any patient to be absent from any such hospital or licensed house upon trial for such period as may be thought fit Provided always that before giving any such consent the Inspector General may require the approval in writing

of the person who signed the order or request for the reception of such

patient or by whom the last payment on account of such patient shall have been made In case any person so allowed to be absent for the benefit of his health or on trial for any period do not return at the expiration thereof and a medical certificate as to his state of mind certifying that his detention as an insane person is no longer necessary be not sent to the superintendent or licensee of such hospital or

licensed house such person may at any time after the expiration

of the same period be retaken as in the case of an escape.

83. The person in charge of an insane patient during conveyance to any hospital or licensed house shall have an order in writing by the

Justices who have examined the patient or by the Colonial Secretary

and shall produce the same when required to do so by any Justice.

(3.) Discharge of Patients.

84. When any person who signed the order or request on which any patient was received into any hospital or licensed house whether or not such patient has since been removed under any order made under this Act or otherwise to any other hospital or licensed house shall direct by writing under his hand that such patient be discharged such patient shall forthwith be discharged.

85. I f the person who shall have signed the order or request on which any patient shall have been received into any hospital or

licensed house is dead or is incapable by reason of insanity absence from

New South Wales or otherwise of giving an order for the discharge of such patient then the person who made the last payment on behalf of such patient or the husband or wife of such patient or if there is no husband or wife or if the husband or wife is incapable as aforesaid the father or if there is no father or the father is incapable as aforesaid then the mother or if there is no mother or the mother is incapable as aforesaid then any one of the nearest of kin for the time being of such patient may in writing give such direction as aforesaid for the discharge of such

patient and such patient shall be forthwith discharged accordingly.

86. No patient shall be discharged under either of the two last preceding sections if the superintendent of the hospital or the medical

officer of the licensed house in which such patient is detained certifies
in writing that in the opinion of such superintendent or medical officer such patient is dangerous and unfit to be at large or unfit from bodily health to be removed together with the grounds on which such opinion
is founded unless the Inspector General after such certificate has been
produced to him give his consent that such patient shall be discharged.

87. The Inspector General or any official visitor of any hospital

for the insane or licensed house may with the advice in writing of the

superintendent of such hospital or the medical officer of such licensed house order the discharge of any person detained therein whether such person is recovered or not.

88. Where application is made to the Inspector General or to any official visitor or visitors of any hospital for the insane or licensed house by any relative or friend of an insane person confined therein requiring that he may be delivered over to the care and custody of such relative or friend such Inspector General or official visitor or visitors

D with
with the advice in writing of the superintendent of such hospital or the medical officer of such licensed house and upon the undertaking in writing of such relative or friend that such insane person shall he properly taken care of and shall he prevented from doing injury to
himself or others may discharge such insane person.
89. In cases where the relatives or friends of any insane person shall he willing to take care of such person but shall be unable owing to indigent circumstances to maintain him the Colonial Secretary may on the recommendation of the Inspector General or of any official visitor or visitors grant an allowance for maintenance to such relative or friend on such insane person being discharged in the manner set forth in the next preceding section And in all such eases the allowance for maintenance shall be paid once in every three months upon the receipt
of a certificate from some medical practitioner in the form of Schedule
16 of this Act Provided that if it shall appear to such practitioner as aforesaid that the insane person so discharged is not properly cared for by his friends or that his mental state is such as to render it advisable that he should be no longer entrusted to their care he shall report the same to the Inspector General who may thereupon direct that such insane person be returned to the hospital from whence he was discharged without any further certificate or statement and he shall be received therein accordingly.
90. I f any Judge of the Supreme Court shall receive information upon oath or shall have reason or cause to suspect that any person of sound mind is confined in any hospital for the insane or licensed house such Judge may order the superintendent of such hospital or licensed house to bring such confined person before him for examination at a time to be specified in such order and if upon the examination of such confined person and of such superintendent and of any medical or other witness it shall be made to appear to the satisfaction of such Judge that such confined person is of sound mind such Judge may direct such confined person to be immediately discharged from the custody of the superintendent of such hospital or licensed house unless he shall be detained therein for some other cause by due process of law.
91. I f the Inspector General official visitors or superintendent

of any hospital for the insane or licensed house shall certify to the
Colonial Secretary that any patient is detained in such hospital or licensed house without sufficient cause the Colonial Secretary may
order the discharge of such patient Provided that if the superinten dent do not consent to such discharge his reasons in writing shall be

visitors together with the certificate as aforesaid. forwarded to the Colonial Secretary by the Inspector General or official PART VII .
Proceedings for declaring persons insane and for the appointment of
Committees of their estates 8j'c.

92. After the passing of this Act no commission de lunatico

inquirendo shall be issued but in every case in which it shall be proved
to the satisfaction of the Supreme Court or one of the Judges thereof that a person is of unsound mind and incapable of managing his
affairs such Court or Judge may make a declaration to that effect
and may direct a reference to the Master in Lunacy to make inquiries concerning the property of such person and may make all proper orders for rendering the property of such person or the income thereof

available

available for the payment of his debts and for the maintenance or benefit of himself and his family and for carrying on his trade or business

if any and may if necessary appoint a committee, of his estate and also

when desirable a committee of his person.

93. Whenever it shall be proved to the satisfaction of the Supreme Court or a Judge thereof that any person declared to be of unsound mind or so found by inquisition has recovered his sanity and

is capable of managing his affairs the said Court or Judge may make a declaration to that effect and may make all proper orders to give effect to such declaration and to release the estate of such person from

the control of the Court and to discharge the committee of his estate
and person.

Oh Every application under the last two preceding sections respectively shall be by petition supported by affidavit of the facts relied on which petition and affidavits shall be filed in the office of the Master in Lunacy and a copy thereof shall be served upon the alleged insane person where the petition is under the said ninety- second section or upon the petitioner under that section or the committee of a person found insane by inquisition where the petition

is by or on behalf of the alleged insane person under the said ninety-

third section within such times respectively as may be fixed by any

general rule of the Supreme Court as hereinafter provided.

95. When from any cause the applicant is unable to effect

personal service of the petition and affidavits mentioned in the last preceding section the Court or Judge may direct substituted service
thereof in such manner as may seem proper.

96. livery deponent may be cross-examined upon his affidavit either at the bearing or at such time and place as the Court or any Judge may direct and at such hearing the Court or .Judge may receive or require the oral evidence of witnesses and such other proofs as may be deemed necessary.

97. The Court or Judge in any case instead of determining whether or not the person whose sanity is the subject of inquiry is of unsound mind and incapable; of managing his affairs may order that question to be determined by a jury And in such order shall direct Avhcther such jury shall be a common or special jury and thereupon the like proceedings for procuring the return of such jury shall be had and taken as provided by any law for the time being in force for the return of juries in the Supreme Court.

98. When any such inquiry before a jury is ordered the Court or Judge shall direct the question to be tried before a Judge of the	Supreme Court or the Master in Lunacy or a Commissioner specially
appointed who shall while so acting have for the purposes of the inquiry all the powers of the Supreme Court And the trial of every such question and The verdict thereon shall be had and deal! with in
all respects in accordance with any law for the time being in force
relating to the trial of issues out of the Supreme Court.
99. When the verdict of the jury shall have been returned unless a new trial be granted the Court or the Judge by whom such inquiry was directed may make such declaration and orders as in the said ninety-second and ninety-third sections are respectively mentioned as the case may be.
100. On the hearing of any such petition before the Court or Judge the person whose sanity is in question shall be examined by such Court or one of the Judges thereof or such Judge And on the trial of any such question as above mentioned there shall be a like examination by the jury before they consult as to their verdict and every such examination shall take place in open Court or in private as may be deemed expedient.

101. Where in any Act or rule of Court or instrument reference
is made to a Commission of Lunacy or a writ in the nature of a writ de lunatico inquirendo or to any inquisition thereon or to a traverse
or supersedeas of any inquisition or commission the petition and declaration thereon in the ninety-second and ninety-third sections respectively mentioned as the case may be shall be taken to be intended by or comprehended in such reference.
102. When the Supreme Court shall be satisfied that any person has been found of unsound mind and incapable of managing himself and his affairs by any commission de lunatico inquirendo or other legal inquiry in the United Kingdom or in any colony or dependency thereof the Court may direct a copy of the inquisition or finding on such commission or inquiry duly certified by the proper
officer of the Court into which such inquisition or finding shall have
been returned to be filed of record in the Supreme Court and may thereupon appoint a committee of the insane person's estate or person or both and may give such other orders in respect of the manage ment of his estate or person as it may deem expedient and such committee shall have the same duties powers and liabilities as if he were the committee of a person declared insane under this Act.
103. The Supreme Court or any Judge thereof may make such order as to the costs charges and expenses of and incidental to any proceeding authorized by this Act as the said Court or Judge shall think proper and every such order shall have the same effect as orders
for the payment of money made by the Supreme Court in its Equitable
jurisdiction.
104. There shall be an appeal to the full Court from every

order made under this Act by a single Judge in such manner as may
be prescribed by any general rule of the Court.

PART V I I I .
Management of the Estates of Insane Persons and Patients.

(1.) General Powers and Duties of Master in Lunacy.

105. There shall be a Master in Lunacy and the Master in Equity for the time-being of the Supreme Court shall be also the Master in Lunacy and as such shall have and execute all the powers and duties hereby or under the authority hereof vested in and imposed upon him and subject to and in accordance with the regulations of the Governor in Council and the general rules of the Supreme Court and to any special order of the said Court the Master in Lunacy shall undertake the general care protection and management or supervision
of the management of the estates of all insane persons and patients
in New South Wales And he shall supervise and enforce the per formance of the obligations and duties of all committees of insane persons heretofore or hereafter to be appointed and shall take care of
collect and administer under the provisions of this Act the property
and estates of all insane patients.
106. For the purpose of giving effect to any order made in pur
suance of section ninety-two of this Act the Court may order any real
or personal property of the insane person mentioned in such order to

be

be sold mortgaged charged or otherwise disposed of and a conveyance transfer mortgage charge or other disposition thereof to he executed or made by any person on his behalf and may order the proceeds of any such sale mortgage charge or other disposition or the dividends or income of such real or personal property to be paid to any relative of the insane person or to some other fit or proper person to be by such relative or other person applied to the payment of the debts or to the maintenance or for the benefit of the insane person or of him and his family and also for carrying on his trade or business either at the discretion of such relative or person or in such manner and

subject to such control or supervision of the Master in Lunacy and

with or without such security for such application as the Court may
direct.

107. Where any person shall on the trial of any information have been acquitted on the ground of insanity or shall upon arraign ment upon a criminal charge have been found to be insane the Sheriff shall report the fact to the Master in Lunacy who shall thereupon make inquiry respecting the property of such person and the Supreme Court may on being satisfied by the report of the Master or by affidavit or otherwise of the continued insanity of such person and

of his being still in confinement make any such orders with respect

to the property of such person and the application thereof for the payment of his debts or for his maintenance or benefit or that of his
family or for carrying on his trade or business as are mentioned in the
last preceding section.

108. All expenses incurred by or on behalf of the Government in the care protection and management or in the supervision of the management under this Act of the estate of any insane person or patient may and shall by the Master in Lunacy be charged against and shall be paid out of and recoverable from such estate.

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much of 11 Geo. I V
much of 11 Geo. I V
year of the reign of His late Majesty
year of the reign of His late Majesty
year of the reign of His late Majesty
year of the reign of His late Majesty
year of the reign of His late Majesty
year of the reign of His late Majesty
year of the reign of His late Majesty

year of the reign of His late Majesty and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.

7 Vic. No. 14 An Act to make provision for the safe Custody of and prevention of Offences
An Act to make provision for the safe Custody of and prevention of Offences
An Act to make provision for the safe Custody of and prevention of Offences
An Act to make provision for the safe Custody of and prevention of Offences
An Act to make provision for the safe Custody of and prevention of Offences
An Act to make provision for the safe Custody of and prevention of Offences
An Act to make provision for the safe Custody of and prevention of Offences

An Act to make provision for the safe Custody of and prevention of Offences So much as has not
So much as has not
So much as has not
So much as has not
So much as has not
So much as has not
So much as has not
So much as has not
beenalready repealed
beenalready repealed
beenalready repealed
beenalready repealed
beenalready repealed
beenalready repealed
beenalready repealed
beenalready repealed

by Persons dangerously Insane and for
by Persons dangerously Insane and for
by Persons dangerously Insane and for
by Persons dangerously Insane and for
by Persons dangerously Insane and for
by Persons dangerously Insane and for
by Persons dangerously Insane and for
by Persons dangerously Insane and for
the Care and Maintenance of Persons
the Care and Maintenance of Persons
the Care and Maintenance of Persons
the Care and Maintenance of Persons
the Care and Maintenance of Persons
the Care and Maintenance of Persons
the Care and Maintenance of Persons
the Care and Maintenance of Persons
of Unsound Mind.
of Unsound Mind.
of Unsound Mind.
of Unsound Mind.
of Unsound Mind.
of Unsound Mind.
of Unsound Mind.
of Unsound Mind.

9 Vic. No. 4 An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled

" An Act to make provision for the safe The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe

" Custody of and prevention of Offences
of Offences
of Offences
of Offences
of Offences
of Offences
of Offences
of Offences
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
"by Persons dangerously Insane and for
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance

" the Care and Maintenance of
of
of
of
of
of
of

of Persons
Persons
Persons
Persons
Persons
Persons
Persons
Persons

" of Unsound Mind."
" of Unsound Mind."
" of Unsound Mind."
" of Unsound Mind."
" of Unsound Mind."
" of Unsound Mind."
" of Unsound Mind."
" of Unsound Mind."

9 Vic. No. 34 An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled

" An Act to make provision for the safe The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
" Custody of and Prevention
" Custody of and Prevention
" Custody of and Prevention
" Custody of and Prevention
" Custody of and Prevention
" Custody of and Prevention
" Custody of and Prevention
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe
" An Act to make provision for the safe

" Custody of and Prevention of
of
of
of
of
of
of

of Offenca
Offenca
Offenca
Offenca
Offenca
Offenca
Offenca
Offenca

" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" by Persons dangerously Insane and foi
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance
" the Care and Maintenance

" the Care and Maintenance of Persons
of Persons
of Persons
of Persons
of Persons
of Persons
of Persons
of Persons
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound

" of Uniound Mind."
Mind."
Mind."
Mind."
Mind."
Mind."
Mind."
Mind."

13 Vic. No. 3 An Act to amend the Law in respect to the safe Custody of Persons dangerously
An Act to amend the Law in respect to the safe Custody of Persons dangerously
An Act to amend the Law in respect to the safe Custody of Persons dangerously
An Act to amend the Law in respect to the safe Custody of Persons dangerously
An Act to amend the Law in respect to the safe Custody of Persons dangerously
An Act to amend the Law in respect to the safe Custody of Persons dangerously
An Act to amend the Law in respect to the safe Custody of Persons dangerously

An Act to amend the Law in respect to the safe Custody of Persons dangerously The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
Insane and the Care and Maintenance
Insane and the Care and Maintenance
Insane and the Care and Maintenance
Insane and the Care and Maintenance
Insane and the Care and Maintenance
Insane and the Care and Maintenance
Insane and the Care and Maintenance
Insane and the Care and Maintenance
of Persons of Unsound Mind.
of Persons of Unsound Mind.
of Persons of Unsound Mind.
of Persons of Unsound Mind.
of Persons of Unsound Mind.
of Persons of Unsound Mind.
of Persons of Unsound Mind.
of Persons of Unsound Mind.

24 Vic. No. 19 An Act to make provision for the Custody and Care of Criminal Lunatics.
An Act to make provision for the Custody and Care of Criminal Lunatics.
An Act to make provision for the Custody and Care of Criminal Lunatics.
An Act to make provision for the Custody and Care of Criminal Lunatics.
An Act to make provision for the Custody and Care of Criminal Lunatics.
An Act to make provision for the Custody and Care of Criminal Lunatics.
An Act to make provision for the Custody and Care of Criminal Lunatics.

An Act to make provision for the Custody and Care of Criminal Lunatics. The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.

31 Vic. No. 19 An Act to amend the Law for the Care and Treatment of the Insane.
An Act to amend the Law for the Care and Treatment of the Insane.
An Act to amend the Law for the Care and Treatment of the Insane.
An Act to amend the Law for the Care and Treatment of the Insane.
An Act to amend the Law for the Care and Treatment of the Insane.
An Act to amend the Law for the Care and Treatment of the Insane.
An Act to amend the Law for the Care and Treatment of the Insane.

An Act to amend the Law for the Care and Treatment of the Insane. The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.

S C H E D U L E

S C H E D U L E 2.

Form of Medical Certificates to accompany Order or Bequest for reception into an

Hospital or Licensed House.

I THE undersigned being a medical practitioner hereby certify that I on the

day of

one thousand eight hundred and

at (here

insert

the particulars

of the place of examination

as the street number of the house or other

particulars)

separately from any other medical practitioner personally examined

of (insert residence and profession or occupation

if any) and that the said is (insane or an idiot) and a proper person to be taken charge of and detained under care and treatment and that I have formed this opinion upon the following grounds viz.:—

1. Facts indicating insanity observed by myself (here stale the facts.)
2. Other facts (if any) indicating insanity communicated to me by others (here

state the information and from whom.)

Dated this day of one thousand eight hundred
and
(Signed)

Place of abode

S C H E D U L E 3.

Order for Conveyance to an Hospital or Licensed House of an Insane Person.

W E the undersigned Justices having called to our assistance

and	medical practitioners and having examined

of (insert residence and occupation if any) who has been brought before us

as being deemed to be insane as also the said medical practitioners and having made such inquiry relative to the said as we have deemed necessary and being upon such

examination (if other evidence of the insanity add " with• other proof")

satisfied that the

said is insane and in indigent circumstances [or is insane and was wandering at large] [or was discovered under circumstances that denoted a purpose of committing some offence against the law] [or that the said is insane and is not under proper care and control] [or is cruelly treated or neglected by

a relative or a person having the care or charge of him] and that he

is a proper person to bo taken charge of and detained under care and treatment

do hereby direct you

(the superintendent of the hospital or licensed

house) at	to receive into the said hospital (or licensed house) the
said

Given under our hands and seals this day of one
thousand eight hundred and

(Signed) J . P .
J P.

To

superintendent

of the hospital (or licensed house) at

Subjoined is a statement respecting the said
S C H E D U L E 4 .

S C H E D U L E 4.

I THE undersigned hereby request you to receive an insane

person into the hospital (or licensed house) of which you are the superintendent. Sub
joined is a statement respecting the said
Name of person signing the request— Occupation (if any) of that person— Place of his abode—
Degree of relationship (if any) or other circumstances of connection of the

person signing the request with the patient—

Dated this day of one thousand eight hundred
and

(Signed) • *

To superintendent of the hospital (or licensed house) of at

S C H E D U L E 5.
STATEMENT.

If any particulars in this statement ho not known the fact is to he so stated.
Name in full ?
Age?
Married single or widowed ?
Number of children ?
Age of youngest child ?
Previous occupation ?
Native place ?
Late residence ?
Religious persuasion ?
Supposed cause of insanity ?
How long has the attack lasted ?
Has been insane before ?
State the number of attacks ?
Age (if known) at first attack ?

Has any insane relations ?
Has ever been an inmate of any institution for the insane ?

I s subject to fits ?
I s suicidal ?
I s dangerous to others ?
Name and address of nearest relations or friends ?
Special circumstances (if any) preventing the patient being examined before

admission separately by two medical practitioners
(Signed) (Address)

When the person signing the statement is not the person who signs the order or request

for the admission of the insane person the following particulars concerning the person
signing the statement are to he added viz. :—
Occupation (if any) ?
Place of abode ?
Degree of relationship (if any) or other circumstances of connection with the

patient ?

S C H E D U L E 6.

Certificate of Emergency.

I THE undersigned [A.B.] a Justice of the Peace certify that the case of [ C D . ] a person certified by two medical practitioners (or one medical practitioner) to be insane is one of emergency and do direct his reception into a reception-house gaol or public hospital for immediate treatment pending his removal to an hospital or licensed house for the insane.
Dated this

S C H E D U L E

Obseration
Time in hosoital

Died
Notimproved
Relieved
Recovered

Date of discharge
ng
ng
ng
ti
ti
ti
is
is
is

Age at frist attrack x
x
x
e
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f
f
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o
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n

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.
.

o
o

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i
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a

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a
a
a tt
tt
tt
r
r
r
u
u
u a
a
a
D
D

D years
No. of provious attrcks
Indane relattion

Supposed cause of insanity
FROM OF METHAL DISORDED

h. Date of medical certihcated
oo and by whom signed

B How sent
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si
is

PROFESSION OF RELIGION
dm

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Dateofadmission
'No.for the year
No.onregidter
date of last previous
admission(if any)
S C H E D U L E

S C H E D U L E 8.

Notice of Admission.

I HEitEBr give you notice that [A.B.] was admitted into this hospital for the insane
(or licensed house) on the day of and I hereby transmit
a copy of the order and statement and medical certificates on which he was received.
Subjoined is a statement with respect to the mental and bodily condition of the above- named patient.

Dated the day of one thousand eight hundred and

(Sijnea) Superintendent of the Hospital (or Licensed House)
Statement.

I nAYE this day seen and examined [A.B.] the patient mentioned in the above notice and hereby certify that with respect to mental state he (or she) and that with respect to bodily health and condition he (or she)

Dated the day of one thousand eight hundred and

(Signed) Superintendent (or Medical Officer) of Hospital (cr
Licensed House)

(**« For S C H E D U L E 9 see page 49.)

S C H E D U L E 10.

Form of Notice of Discharge or Removal or Escape or Recapture.

I I IEHEBT give you notice that a patient admitted into this hospital

(or licensed house) on the day of was discharged therefrom recovered (or relieved or not improved) [or was removed to (mentioning the place to which removed) relieved (or not improved)] by the authority of [or escaped

therefrom) or was recaptured)] on the day of

Dated the day of one thousand eight hundred and

(Signed) Superintendent of the Hospital (or Licensed House)

( * # * F o r S C H E D U L E 11 see page 50.)

S C H E D U L E 12.
Form of Notice of Death.

I THE undersigned hereby give you notice that a patient admitted

into this hospital (or licensed house) on the day of
died therein on the day of and I the undersigned superintendent certify that the apparent cause of such death [as ascertained by post-mortem examination (if so)] was

Dated the day of one thousand eight hundred and

(Signed') Superintendent of the Hospital (or Licensed House)

S C H E D U L E 13.
Form of License to keep a Licensed House.

I DO hereby in pursuance of the " Lunacy Act 1878 " grant to of

a license to be in force for three years from

the date hereof to keep for the reception of insane persons of the male (or female) sex (or of both sexes) the house the particulars of which appear in the notice

given on the day to the Colonial Secretary.

"Witness my hand this day of one thousand

eight hundred and '

Governor.

S C H E D U L E

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S C H E D U L E

S C H E D U L E 14.

Statement respecting the Criminal Insane.

(If any particulars in this statement be not known the fact is to be so stated.)
Name in full ?
Age ?
Married single or widowed ?
Number of children?
Age of youngest child ?
Previous occupation ?
Native place ?
From whence brought ?
Keligious persuasion ?
Supposed cause of insanity ?
How long has the attack lasted ?

Has been insane before ?
State number of attacks ?
Age if known at first attack ?

Has any insane relations ?
Has ever been an inmate of any Institution for the Insane ?

Is subject to fits ?
Is dangerous to others ?
Crime or offence ? Verdict of Jury ? Sentence ?
Name and address of nearest relations and friends ?

S C H E D U L E 15.

"WHEREAS it has been duly certified under section	of the " Lunacy Act 1 8 7 8 "
that [A.B.] a prisoner in	Gaol is insane I hereby order the said [A.B.] to

be removed to the Hospital for the Criminal Insane at there to remain until he has become of sound mind or until he be otherwise discharged by due course of law.

Colonial Secretary.

Dated this

S C H E D U L E 16.

I [A.B.] a medical practitioner have this day examined [ C D . ] residing at and hereby certify that he is still insane and that he appears to be kindly treated by the persons under whose care he is living.

(Signed)
(Address)

Dated this day of one thousand eight hundred and

S C H E D U L E 17.

I [A.B. ] the Inspector General (or we official visitors of the hospital or licensed house situate at ) appointed under and by virtue of the " Lunacy Act of 1878"

hereby summon and require you personally to appear before me (or us) at

on

next the day of at the hour of in the noon of the same day and then and there to be examined and to testify the truth concerning certain matters relating to the execution of the said statute.

Dated this day of one thousand eight hundred and
(Signature)

No. V I I I .

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Citations

Lunacy Act of 1878 No 3a (NSW)

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*Inspection Transfer and*	(2.) *Transfer of Patients.*
*Discharge of Patients.*	(3.) *Discharge of Patients.*

*Management of the Estates*	*Lunacy in respect to Estates of*
*of Insane Persons and*	*Insane Patients.*

authenticated by a Justice or minister of religion authorized to celebrate	marriage together with such statement of particulars as is contained in
Schedule 5 and two medical certificates each of which certificates shall be according to the form and contain the particulars required in Schedule 2 to this Act and be signed by a medical practitioner who shall separately from the medical practitioner who shall have signed or shall thereafter sign the other of such certificates have personally examined the person to whom such certificate relates not more than ten clear days previously to the reception of such person into such hospital or licensed house and such request as aforesaid may be signed
before or after the date of such medical certificates or either of them,
9. Every medical practitioner who shall sign any certificate under or for the purposes of this Act shall specify therein the facts upon which he has formed his opinion that the person to whom such
certificate relates is an insane person and shall distinguish in such certificate facts observed by himself from facts communicated to him
by others and no person shall be received into any hospital for the insane or licensed house under any certificate which purports to be founded only upon facts communicated by others.

clear days next thereafter transmit a written notice thereof to the	Colonial Secretary and such notice shall state when such person was
so brought back and the circumstances connected with his bringing
back and whether with or without a fresh order and certificates or certificate And every superintendent omitting to transmit such notice
whether of escape or return shall for every such omission be liable to a penalty not exceeding ten pounds.
41. Whenever any patient shall be removed or discharged from any licensed house or shall die therein the superintendent of such house shall within two clear days next after such removal discharge or death make and sign an entry thereof in a book to be kept for that purpose according to the form and stating the particulars in Schedule
11 to this Act and shall also in the case of a death within two days
after such death transmit to the Colonial Secretary (in addition to any notice respecting such death required by any law now or hereafter in
force relating to the registration of deaths) a written notice of tin;
death of such patient and of the cause thereof according to the form in Schedule 12 to this Act and in the case of the removal or discharge
of such patient of such removal or discharge according to the form in

such purpose by the committee or the persons in whose hands shall	declare wards of any public hospital which may be set apart for 48. The Governor in Council may by notification in the *Gazette*
be vested the management of such hospital to be wards for the temporary reception of persons certified to be insane and thereupon the Colonial Secretary shall make regulations for the dietary treat ment and inspection of patients in such wards.
49. Any Justice may by order under his hand in the form of Schedule 6 hereto direct the reception and detention of any person
(for whose reception into an hospital for the insane or licensed house
the necessary order or request certificates and statement have been signed and remain in force) in any such reception-house or in any gaol or in any such public hospital so set apart for immediate treatment.
50. No insane patient shall be detained in any reception-house gaol or public hospital beyond a period of fourteen days unless the medical officer thereof shall certify in writing that such person is not in a fit state to be removed therefrom or would be benefited by remaining therein and in such case the removal of such insane patient shall be suspended until the visiting medical officer shall certify that such person is fit to be removed,

year of the reign of His late Majesty	and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and 1 Wm. I V c. 65
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present
and first year of the reign of His present	as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
as relates to Idiots
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years
Majesty and in the first and second years	Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
Lunatics and Persons
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty
of the reign of His present Majesty	of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
of Unsound Mind or
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of
respectively in the administration of	their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
their Estates.
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
Justice in New South "Wales in like
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
manner as other Laws of England are
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.
applied therein.

9 Vic. No. 4	An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled
An Act to alter and amend an Act intituled

" An Act to make provision for the safe	The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
The whole.
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention
" Custody of and prevention

" Custody of and prevention	of Offences
of Offences
of Offences
of Offences
of Offences
of Offences
of Offences
of Offences

9 Vic. No. 34	An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled
An .Act to amend an Act intituled

" the Care and Maintenance	of Persons
of Persons
of Persons
of Persons
of Persons
of Persons
of Persons
of Persons
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound
" of Uniound	Mind."
Mind."
Mind."
Mind."
Mind."
Mind."
Mind."
Mind."

I THE undersigned hereby request you to receive	an insane
person into the hospital (or licensed house) of which you are the superintendent.	Sub
joined is a statement respecting the said

Has	any insane relations ?
Has	ever been an inmate of any institution for the insane ?
I s	subject to fits ?
I s	suicidal ?
I s	dangerous to others ?

h.	Date of medical certihcated
oo	and by whom signed
B	How sent
on
si
is