Lunacy Act of 1898 (NSW)

Act No. 45, 1898.

An Act to consolidate the Law respecting the

Insane. [29th December, 1898.]

BE it enacted by the Queen's Most Excel lent Majesty, by and with the advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parl iament assembled, and by the

authori ty of the same, as follows:—

1. This Act may be cited as the " Lunacy Act of 1 8 9 8 , " and its

sections arc divided into Par ts as follows:—

P A R T I.—Proceedings by which persons of unsound mind may be

( 1 . ) placed under restraint; ( 2 . ) removed to and from an adjacent

colony and be treated therein—ss. 4 - 2 4 .

P A R T	II.—Hospitals for the insane—ss.	2 5 - 3 0 .
P A R T	III.—Licensed-houses—ss. 3 1 - 5 1 .

( 1 . ) For the reception of the insane.

( 2 . ) For the reception of a single patient.

P A R T IV.—Reception-houses for the temporary treatment of the

insane—ss. 5 2 - 5 8 .

P A R T V.—Hospitals for the criminal insane—ss. 5 9 - 7 6 .

P A R T VI.—Inspection, transfer, and discharge of patients—ss. 7 7 -

1 0 0 .

( 1 . ) Inspection of patients.

( 2 . ) Transfer of patients.

( 3 . ) Discharge of patients.

P A R T VII.—Proceedings for declaring persons insane or incapable

and for the appointment of committees, &c.—ss. 1 0 1 - 1 1 4 .

P A R T VIII.—Administration and management of the estates of insane

persons and patients—ss. 1 1 5 - 1 6 7 .

( 1 . ) General powers and duties of Master in Lunacy.

( 2 . ) Powers and duties of Master in Lunacy in respect to estates of

insane patients.

( 3 . ) Management	of the estates of insane	persons.
P A R T	IX.—Court visitors.	1 6 8 .
P A R T	X.—Miscellaneous provisions—ss.	1 6 9 - 1 8 0 .

2 . ( 1 ) The several enactments mentioned in Schedule One to this

Act to the extent therein expressed are hereby repealed.

( 2 ) All persons appointed by virtue of the provisions of any

Act hereby repealed, and holding office at the passing of this Act , shall be deemed to have been appointed hereunder.

( 3 ) All rules of Court and regulations made under the authority

of any Act hereby repealed and being in force at the passing of this Act

shall be deemed to have been made under the authority of this Act .

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 )—

" Court " — T h e Supreme Court, in its Lunacy jurisdiction.

" Incapable person "—Any person who is proved to the satisfaction

of the Court, under this Act , to be incapable through mental
infirmity, arising from disease or age, of managing his affairs.

" 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 the insane, 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 the insane, and any such person, while absent from an hospital or licensed house in a specified place for the benefit of his health, or upon trial, under the provisions of section ninety, or boarded out under the provisions of section ninety-one, and also any person subject to the provisions of section twenty-one to the extent therein mentioned.

" Insane person "—Any person who has been found or declared, whether by inquisition or under this Act , or under any Act hereby repealed, to be insane or of unsound mind and incapable

of managing himself or his affairs.

" Inspector-General "—Inspector-General of the Insane, and shall include the Deputy Inspector-General.

" Judge "—Any Judge of the Supreme Court.

" Jus t i ce " — J u s t i c e of the peace.

" Master "—Master in Lunacy.

" Medical practitioner " — A legally qualified medical practitioner

within the meaning of any law relating to the qualification of

medical practitioners.

" Public hospital " — S u c h portion of any hospital or infirmary for
the care and t reatment of the sick, or of any benevolent asylum,

as is set apart and declared to be for the temporary reception

of the insane. " Ship " —

" Ship "—Any vessel used in navigation not propelled by oars.
" S tock "—Sha l l 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 discharge or redemption thereof and any share or interest therein respectively.

" Superintendent "—Shal l include the deputy superintendent of any hospital for the insane, licensed house, or reception house.

P A R T I .

( 1 . ) Proceedings by which persons of unsound mind may be placed under

restraint.

4 . Upon information on oath 1 before a Jus t ice tha t a person

deemed to be insane is without sufficient means of support, or is wandering at large, or has been discovered under circumstances tha t denote a purpose of committ ing some offence against the law, such Jus t ice may by order under his hand require a constable to apprehend such person and bring him before two j u s t i c e s ; and every constable finding any such person so wandering or under such circumstances as are lastly above mentioned may without any such order apprehend him and take him

before two Jus t ices .

5. Any constable who has knowledge tha t 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

information upon oath of any person whomsoever to the like effect shall	oath to a Jus t i ce , and such Jus t ice upon such information or upon the
either himself visit and examine such person and make inquiry into the case, or by an order under his hand direct and authorise some medical practit ioner to visit and examine such person and make such inquiry and to report in writing to such Jus t ice his opinion thereon, and if upon such personal visit, examination, and inquiry by such Jus t i ce , or upon the report of such medical practitioner it appears to such Jus t i ce tha t such person is insane and 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, the Jus t ice may by order under his hand require any constable to bring such person before two or more
Jus t ices . 6 .

6. ( 1 ) The Jus t ices before whom any such person as aforesaid is brought shall call to their assistance any two medical practitioners who have previously examined such person apart from each other and separately signed certificates with respect to such person according to the form in Schedule Two of this Act , and if upon examination of such person and such medical practitioners and upon other proof (if any) such Jus t ices be satisfied tha t such person is insane and

(a) is without sufficient means of support; or

(b) was wandering at large ; or

(c) was discovered under circumstances that denote a purpose of committ ing some offence against the law; or

(d) is not under proper care and control ; or

(e) is cruelly treated or neglected by any person having or assuming the charge of h im;

and is a proper person to be taken charge of and detained under care and t reatment , the said Jus t ices may by an order under their hands according to the form in Schedule Three of this Act, to be accompanied by such s ta tement of particulars as is contained in Schedule Five , direct such person to be removed into some hospital for the insane or licensed house to be named in such order, and such person shall be forthwith conveyed to, and upon production of such order, statement and medical certificates, shall be received into and detained in such hospital or licensed house accordingly, and such Jus t ices may examine the person deemed to be insane and any witness in the mat ter at any convenient place, and proceed in all respects as if such person were brought before them at a court of pet ty sessions.

( 2 ) Where it appears to the Jus t ices that they cannot call to

their assistance two medical practitioners without causing delay pre­ judicial to such person, they may by order under their hands as aforesaid, but upon the certificate and examination of one medical practitioner alone, direct such person to be removed to the hospital for the insane or licensed house mentioned in the order; but in every such case a certificate, in the form of Schedule Seven hereto, shall he made by such

Jus t i ces , and appended to such order, directing the reception of such	person into some reception house, public hospital, or gaol, for immediate
t reatment , pending his removal to such hospital lor the insane or licensed house; and he shall be forthwith conveyed to such reception house, public hospital, or gaol, and treated therein accordingly, and before such person shall be received into such hospital for the insane or licensed house, one other medical certificate shall be lodged with or obtained by the superintendent or officer in charge of such reception house, public hospital, or gaol, and be by him transmitted, together with the order and s ta tement of the Jus t ices and the original medical certificate, to the superintendent or officer in charge of such hospital for the insane
or licensed house, with the patient. ( 3 )

(3) The Jus t ices 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 consider necessary.

(4) If the medical practitioners or one of them, by whom

such person is examined, certifies in writing tha t he is not in a fit s tate to be removed, the removal of such person shall be suspended until the same or some other medical practitioner certify in writing tha t such person is fit to be removed.

( 5 ) Any relative or friend may retain or take such person

under his own care, if he satisfies the Jus t ices before whom such person

is brought tha t such person will be properly taken care of, anything

in this Act to the contrary notwithstanding.

( 6 ) Whenever any such examination is had at any other place

than a public police office, the Jus t ices shall report to the Colonial
Secre tary the name, residence, and other particulars pertaining to such person, and if such Jus t ices fail to make such report for the period

of ten days they shall be each liable to a penalty not exceeding one

hundred pounds.

7. The Jus t ices before whom any person is brought to be dealt with under the preceding section of this Act may, in lieu of a remand to the places provided by the Imperial Act eleventh and twelfth Victoria, chapter forty-two, as adopted by the Jus t ices Act of 1850, or by any Act consolidating or amending the same, but in the same manner as provided thereby, remand such person to any reception house or public hospital, unless i t appears tha t such person has been previously detained in any gaol on conviction for any offence.

8 . The Jus t ices 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 Jus t ices 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

where they cannot be obtained from the estate of the person examined,	mentioned, as to such Just ices may seem proper, and such expenses,
shall be defrayed out of such fund as has been appropriated by Par­ l iament for such purposes:
Provided always tha t the remuneration and expenses so awarded or sanctioned shall in every case be subject to the approval of the Colonial Secretary.
9 . 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 Four ,
authenticated by a Jus t ice or minister of religion authorised to celebrate

marriage,

marriage, together with such statement of particulars as is contained in Schedule F ive , and two medical certificates, each of which certificates shall be according to the form and contain the particulars required in Schedule Two of this Ac t , and be signed by a medical practitioner, who has, separately from the medical practitioner who has signed or shall thereafter sign the other of such certificates, 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.

10 . E v e r y medical practitioner who signs any certificate under

or for the purposes of this A c t shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate relates is insane, 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, licensed house, reception house, public hospital, or gaol, under any certificate which purports to be founded only upon facts communicated by others.

1 1 . A medical practitioner shall not sign a certificate for the

reception of a patient into an hospital for the insane, reception house,

or licensed house in any of the following circumstances:—

(a) Where he has signed the order or request for the reception

of that patient into that hospital, reception house, or licensed

house.

(b)	Where his father, brother, son, partner, or assistant has signed the order, request, certificate, or one of the certificates for the reception of that patient into that hospital, reception house, or licensed house.
(c)	Where the said medical practitioner, or his father, brother, son, partner, or assistant is the superintendent or medical officer of that hospital for the insane, reception house, or licensed house, or a regular professional at tendant in tha t licensed house, or wholly or in part the proprietor, mortgagee,
or lessee of that licensed house, or receives a percentage on or is otherwise interested in the payments to be made by or
on account of any patient receive:! into that hospital, recep­
tion house, or licensed house.

12 . If a medical practitioner, or his father, brother, son, partner,

or assistant has signed one of the certificates for the reception of a

person into a licensed house, such medical practitioner shall not :—

(a)	by himself or by his servants or agents, receive, or board or lodge, or take the charge of tha t person in the said licensed house;
(b)	be the regular professional attendant on that person while under care or charge under such certificate as aforesaid.

1 3 . If any medical practitioner grants 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 certi­ ficate, 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 wilfully and falsely certifies in writing that any person is insane, knowing him not to be insane, the practitioner so certifying shall be gui l ty of a misdemeanour.

1 4 . No order 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 have been given under the provisions of this A c t in respect of such patient or the date of the last of them.

1 5 . ( 1 ) A n y order, request, medical certificate, or other docu­

ment, b y vir tue of which any person has been received into an hospital for the insane, or licensed house, and which is incorrect or defective in any particular, may, with the approval of the Inspector-General, and within twenty-eight days after the reception of such person, be amended b y the person who has signed the same; and the order, request, medical certificate, or other document so amended shall there­ upon be deemed to have operated and to operate from its original date.

( 2 ) If the order, request, certificate, or document is not so

amended, the Inspector-General may order the discharge of the person so received as aforesaid, and that person thereupon shall be discharged accordingly; or he may direct the superintendent of the said hospital or licensed house to obtain a new order, request, certificate, or document which shall be as effectual for all purposes as if it had been obtained, made, and executed previously to the reception of such person.

1 6 . Where any person has been found insane by any proceeding

in the Court, an order signed by a Judge or by the committee appointed b y the Court, and having thereto annexed an office copy of the order

appointing such committee, shall be sufficient authority for the recep­
tion of such person into any hospital for the insane, or licensed house,

without any further order, or any such medical certificate as herein­

before mentioned.

17. E v e r y person who receives any person into any hospital

for the insane, reception-honse, licensed house, or other place appointed under this Ac t , wi thout such order, statement, and medical certifi­ cates, or other proper authority, as in such case is required under the provisions of this Ac t , shall be gui l ty of a misdemeanour.

18 . E v e r y 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 authorised by this Ac t , and in case of escape therefrom

E may

may be retaken at any time within twenty-eight days after his escape, b y the superintendent of such hospital, reception house, licensed house, or other place, or any other officer, or any servant belonging thereto, or b y any constable, or by any other person authorised 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.

( 2 . ) Proceedings by which persons of unsound mind may be removed to

and from an adjacent colony and be treated therein.

19 . The Colonial Secretary may, on behalf of the Government,

from time to time, by convention or otherwise, agree with the Govern­ ment of any adjacent colony for the apprehension, care, t reatment, maintenance, and burial, and for the payment of the expenses under the Lunacy statutes of that adjacent colony of persons set at large in
that colony under the provisions of this A c t ; and for the care, treat­

ment, and maintenance under those statutes of persons admit ted from New South Wales, at the request of relations or friends, into lunatic asylums of the adjacent colony.

2 0 . (1) In any matter of proceeding under section six of this

A c t , the Justices, on proof to their satisfaction of the matters in tha t section mentioned, and that it is for the benefit of the person found b y them to be insane that lie should be sent for care, treatment, or main­ tenance to an adjacent colony, with the Government of which an agreement has been made as aforesaid, either before or after the passing of this Ac t , may, by order in the form of Schedule Six to this A c t , direct some person named in the order to take such person to such place in the adjacent colony as may be agreed upon by the said convention or otherwise, and as m a y be named in the order, and there to set him at huge, and thereupon to identify him to some officer of police of the adjacent colony nominated b y the Government thereof and named in the order, so that the officer of police may apprehend such person in due course, under the provisions of the

L u n a c y statutes of the adjacent colony, to be dealt with thereunder.

The order shall be subject to the provisions of section six of this A c t and shall be a sufficient authori ty to all persons for anything done in pursuance of the same.

( 2 ) The Justices shall forward the order, together with all

certificates and evidence upon which the same has been made, to the officer of police named in the order, and shall also forthwith forward to the Inspector-General a true copy of the order and of the certificates and evidence.

2 1 . A n y person for whose care, treatment, or maintenance the

Government has made provision under any agreement made with the Government of an adjacent colony shall, so long as he remains an

inmate

inmate of any lunatic asylum in that adjacent colony, and so long as the first-mentioned Government is responsible for the payment of his maintenance therein, be deemed with regard to the management and disposition of his property in New South Wales, and the liabili ty of his relations residing therein to pay for or contribute to his maintenance,

clothing, medicine, and care, to be an insane patient within the meaning

of this A c t .

22 . A n y right of action that may accrue to the Government

against relations or friends of any person, for the payment of whose maintenance the Government has become responsible, shall be vested in the Master.

2 3 . If at any time it is deemed expedient to remove any person

for the payment of whose care, treatment, and maintenance the Govern­
ment is responsible from any lunatic asylum in an adjacent colony to any hospital for the insane in New South Wales, the Colonial Secretary
may order the removal of that person accordingly; and the order of

the Colonial Secretary tinder his hand shall be a sufficient authori ty to any person named therein to apply to the proper authorities in the adjacent colony for the discharge of the first-mentioned person to his
care, and to convey him to any hospital for the insane in New South Wales, and shall be a sufficient authority to the medical superinten­

dent of the hospital for the insane to which that person is sent to receive

him.

2 4 . A n y person taken into an adjacent colony under the authori ty

of this Ac t , and there discharged from a lunatic asylum in that colony,

shall be entitled to be paid out of the Consolidated Revenue Fund the

expenses of his return to New South Wales.

P A R T I I .

Hospitals for the insane.

2 5 . The Governor 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 hospi tal ; and any such appoint­
ment may be revoked in like manner; and all places appointed or deemed to have been appointed to be lunatic asylums or hospitals

for the insane under any former Act , where such appointment has not

been revoked and is in force at the passing of this Ac t , shall be deemed to have been appointed and to be hospitals for the insane under this

A c t .

2 6 . The Governor may appoint for every such hospital a super­

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

27 . Immediately on the admission of any person as a pat ient

into any such hospital an entry with respect to such patient shall be made in a book t o be kept for that purpose to be called the register of patients according t o the form and containing the particulars specified in Schedule Nine of this Ac t 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 superin­ tendent 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 happens), 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 such hospital, a notice

of such admission shall be transmitted to the Colonial Secretary in the

form of Schedule Ten to this Act , with a copy of the order, statement, and certificates, or other proper authority, on which such insane patient 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-mentioned Schedule.

2 8 . In every such 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 Eleven of this Ac t , 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 continues 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.

29 . 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- Twelve of this A c t , 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 con- taining the particulars in Schedule Thirteen of this Ac t .

3 0 . In case of the death of any patient in any such hospital, a

notice and statement, according to the form in Schedule Fourteen of this Ac t , 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

required by any law for the time being in force relating to the registra­ tion of deaths—within forty-eight hours after such death to the Colonial Secretary, and also to a relation named in the statement subjoined to the order or request for admission of such patient, or to the person who signed such request, or to the committee, if any, who signed an order

under section sixteen hereof.

P A R T I I I .

Licensed houses.

( 1 . ) For the reception of the insane.

3 1 . ( 1 ) The Governor may, subject to the provisions hereinafter

contained, by writing under his hand as nearly as conveniently may be in the form in Schedule Fifteen to this Ac t , 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.

( 2 ) A n y license granted under any A c t hereby repealed and unexpired at the passing of this A c t shall be deemed to have been granted

under this A c t for the unexpired term of such license.

3 2 . The person who desires 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 name in full, 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 has not been previously licensed shall be accompanied 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 quant i ty	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 s tatement 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 m a y be kept distinct and apart from the other.

3 3 . A n y 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

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 herein­ before required.

3 4 . No addition or alteration shall be made to, in, or about any

licensed house or the appurtenances thereof, unless previous notice in writ ing of such proposed addition or alteration, accompanied b y a plan

of such addition or alteration to be drawn upon the scale aforesaid,

and to be accompanied by such description as aforesaid, has been given by the licensee to the Colonial Secretary, and the consent in writing

of such Colonial Secretary has been previously given.

3 5 . A n y person applying for the renewal of a license shall, wi th

such application, transmit to the Colonial Secretary a statement signed b y the person so applying, containing the names and number of the patients of either sex then detained in such house.

3 6 . If any licensee under this Ac t by sickness or for other

sufficient reason becomes incapable of keeping the licensed house, or dies before the expiration of the license, the Colonial Secretary may by writing indorsed on such license, transfer the said license wi th all the privileges and obligations annexed thereto for the term then unexpired to such person, as he may 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 has been or is granted to two or more persons, and before the expiration thereof any of such persons 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.

37 . If any licensed house is pulled down or occupied under the

provisions of any Act of Parliament, or is rendered by fire, tempest, or other accident, unfit for the accommodation of insane patients, or

if the person keeping such house desires 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 a lways that a like notice, accompanied by a like plan, statement, and description, shall be given as to such intended new house as is hereby required when application is 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.

3 8 . 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.

3 9 . I t 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 has not been renewed, or if after the revocation of any such license

there is in any such house any insane patient, every person keeping

such house or having the care and charge of such patient shall be guil ty

of a misdemeanour.

4 0 . N o person (unless he is a person who derives no profit from

the charge, or a committee, or person appointed by the Court, or other­ wise authorised under this Act ) shall receive to board or lodge in any house, or take the care or charge of, any patient, and any person offending against this provision shall be gui l ty of a misdemeanour.

4 1 . ( 1 ) E v e r y licensed house containing more than one hundred

patients shall have at all t imes a medical practitioner resident therein, whose name in full shall be given in the notice of application for the license, and such medical practitioner, whether he is the licensee or proprietor or not, shall be the superintendent thereof.

( 2 ) The licensee of such house may remove such medical

practit ioner and appoint some other medical practitioner, giving a notice containing the name in full of such medical practitioner to the Colonial Secre ta ry ; and every such house containing over fifty patients shall be visi ted daily by a medical practi t ioner; and every such house containing fifty or less than fifty patients shall be visited twice a week b y a medical practitioner, and in all cases where a medical practitioner is not appointed as superintendent the licensee shall be the superin­ tendent of the house named in the license.

( 3 ) No license shall be of any val idi ty unless the superin­

tendent of the house licensed resides therein and the house is visited b y a medical practitioner as and at such times as hereinbefore men­ tioned.
( 4 ) 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.

4 2 . E v e r y superintendent of a licensed house shall within two

days after the reception of a patient make an entry wi th 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 Nine of this Ac t , or such other form and contain­ ing such other particulars as the Colonial Secretary may direct (except as to the form of the mental disorder, and except also as to the dis­ charge, removal , or death of the patient, the entry as to which latter shall be made and signed by such superintendent when the same happens) ; and every such superintendent who does not make such entries within or a t the times aforesaid shall be liable to a penal ty not exceeding two pounds.

4 3 . 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 omits 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.

4 4 . 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 Ten of this Ac t , with a copy of the order, statement, and medical certi­ ficates or other proper authority, on which such person has 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 Ten of this A c t ; and every superintendent who neglects to transmit such copy, notice, or statement to the Colonial Secretary shall be guilty of a misdemeanour.

4 5 . E v e r y 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 Eleven hereto, and every such superintendent who omits to enter such report as aforesaid shall for every such omission be liable to a penalty not exceeding twenty pounds.

4 6 . 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 is or has been confined in any such licensed house; and every such

superintendent who neglects to keep the said medical case book or to	keep the same according to the form directed as abovementioned, or
to transmit a copy of the said entries pursuant to such direction or requisition as aforesaid, shall for every such offence be liable to a penalty not exceeding ten pounds.

47 . Whenever any patient escapes 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 name in full of the patient who has so escaped, and his then state of mind, and also the circumstances connected with such escape, and if such patient is brought back to such house, such superintendent shall within two clear days next thereafter transmit

a

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 omitt ing to transmit such notice, whether of escape or return, shall for every such omission be liable to a penalty not exceeding ten pounds.

4 8 . Whenever any patient is removed or discharged from any

licensed house, or dies 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 Thirteen
of this Ac t , 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 to be in force relating to the registration of deaths) a written notice of the death of such patient, and of the cause thereof, according to the form in Schedule Fourteen of this Ac t , and in the case of the removal or discharge of such patient, of such removal or discharge, according to the form in Schedule Twelve of this Ac t , 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 request, or to the committee, if any, who signed an order for admission under section sixteen hereof; and every superintendent who neglects to make and sign such entry or transmit such notice or notices shall be guil ty of a misdemeanour.

( 2 . ) For the reception of a single patient.

49. (1) 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.

( 2 ) N o 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 without the like order, statement, and medical certificates or other proper authori ty in respect of such patient as is hereinbefore required on the reception of a patient into an hospital for the insane.

( 3 ) E v e r y 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 Nine of this Ac t , together with copies of the order, statement, and medical certificates or other proper authori ty on which such patient has been so received, and shall also after the second and before the end of the

seventh

seventh clear day from such admission cause each patient to be visited by a medical practitioner, and forthwith transmit to the Colonial Sec­ retary a statement in the form in Schedule Ten of this Ac t , to be made and signed by such medical practitioner so visiting such patient after such admission.

( 4 ) A n y such license granted under any repealed Ac t , and

still in force at the passing of his Ac t , shall be deemed to have been

granted under this A c t for the unexpired term of such license.

5 0 . (1) Every such patient shall, after the second, and before

the end of the seventh, clear 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 Secre ta ry) : —

(a) the date of each of his v i s i t s ;

(b) 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 is.

( 2 ) 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 has been taken, or into whose house he has 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 fails to comply with the regulations made as aforesaid shall be gui l ty of a misdemeanour.

5 1 . ( 1 ) If any occupier or inmate of any private house keeps

or detains therein any person who is insane, al though he is a relative
of such occupier or inmate, beyond the period of a year after the

malady has become apparent and confirmed, and where the case has been such as to require during any part of such period coercion or

restraint, such occupier or inmate, or the medical practitioner attending

such person so detained, shall intimate such detention to the Colonial Secretary and shall transmit to the Colonial Secretary a written cer­ tificate signed by a medical practitioner of the condition of the person so detained, and shall state the reasons which rendered it desirable tha t such person should remain under private care, and the Colonial Secretary may thereupon, or wi thout such intimation, authorise the Inspector- General or a Justice, such Justice to be accompanied by a medical

pract i t ioner ,

practitioner, to visit and inspect such person and to make such inquiry respecting his t rea tment as to such Inspector-General or Jus t i ce and medical practit ioner may seem fit.

(2) I f upon such inquiry it appears tha t such person is insane and has been so for a space exceeding a year, and tha t restraint or coercion of any kind has been resorted to, and tha t the circumstances are such as to render the removal of such person to an hospital for the insane or licensed house necessary or expedient, the Colonial Secretary may order the removal of such person accordingly, and the order of the Colonial Secretary under his hand shall be sufficient authority to the superintendent of such hospital or licensed house to which such person is sent to receive him accordingly.

(3) Any person who keeps, harbours, conceals, or aids in

keeping, harbouring, or concealing beyond such period as aforesaid, any such person as insane without such intimation thereof to the Colonial Secretary , and any medical practit ioner attending on such person kept or detained as insane beyond such period who wilfully neglects 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.

P A R T I V .

Reception-houses, &c, for the temporary treatment of the insane.

5 2 . The Governor may, by notification in the Gazette, appoint

such houses and premises as he may think expedient for the reception and temporary t reatment of the 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 appointed or deemed to have been appointed under any former Act ,

where such appointment has not been revoked and is in force at the
passing of this Act, shall be deemed to have been appointed under this
Act.

5 3 . The Governor may appoint a superintendent and a medical

officer for every such reception house.

5 4 . The Colonial Secretary shall make regulations for the govern­

ment of reception-houses.

5 5 . The Governor may, by notification in the Gazette, declare

wards of any hospital or infirmary for the care and t reatment of the

sick or of any benevolent asylum, which may be set apart for such purpose by the committee, or the persons in whose hands is vested the management of such hospital, infirmary, or benevolent asylum,

to

to be wards for the temporary reception of the insane, and thereupon the Colonial Secretary shall make regulations for the dietary t rea tment and inspection of patients in such wards.

5 6 . Any Jus t i ce may, by order under his hand in the form of Schedule Eight hereto, direct the reception and detention of any person (for whose reception into an hospital for the insane or licensed house the necessary order, medical certificates and statement, or other proper authori ty has been signed and remains in force) in any such reception-house, or in any gaol, or in any public hospital for immediate t reatment .

57 . 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 certifies in writing tha t such person is not in a fit s tate to be removed therefrom, or would be benefited by remaining therein, and in such case the removal of such patient shall be suspended until the visiting medical officer certifies tha t such person is fit to be removed.

5 8 . On receipt of a certificate from the medical officer of such

reception house, gaol, or public hospital tha t 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 Jus t ice may order the discharge of such person.

P A R T V.

Hospitals for the criminal insane.

5 9 . The Governor may by notification published in the Gazette

declare tha t any hospital for the insane, gaol, or place, or part of any such hospital, gaol, or place provided for or appropriated for t h a t purpose shall be an hospital for the criminal insane, and any such

appointment may be revoked in like manner, and any hospital for the
criminal insane appointed or deemed to have been appointed under any

former Act , where such appointment has not been revoked and is in force at the passing of this Act , shall be deemed to have been appointed
under this Act.

6 0 . The Governor may appoint for every hospital for the criminal

insane a superintendent, a medical officer, and such other officers as

he may deem necessary.

6 1 . The Colonial Secre tary shall make regulations for the govern­

ment and management of hospitals for the criminal insane.

6 2 . Immediate ly on the admission of any person as a patient

into an hospital for the criminal insane, an entry with respect to such

patient

patient shall be made in a book to be kept for tha t purpose, to be called the register of patients, according to the form and containing the particulars specified in Schedule Nine 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 happens).

6 3 . In every hospital for the criminal insane the superintendent

thereof shall once a t 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 s ta tement according to the form in Schedule Eleven 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 a t the t ime of his admission, and also the history of his case whilst he continues in such hospital, together with a correct description of the medicines and other remedies prescribed for the t reatment of his disorder, and in case of death an exac t account of the autopsy (if any) of such patient.

6 4 . Within forty-eight hours after the death, discharge, removal,

escape, or recapture of any patient a written notice of such death, discharge, removal, escape, or recapture according to the form in Schedules Twelve and Fourteen of this Act respectively shall be trans­ mi t ted 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 Thir teen of this Act .

6 5 . (1) I f any person indicted for any offence is insane, and,

upon arraignment, is found to be so by a ju ry lawfully empannelled
for tha t purpose, so tha t such person cannot be tried upon such indict­

ment, or if upon the trial of any person so indicted such person appears to the ju ry charged with such indictment to be insane, the Judge before whom any such person is brought to be arraigned or tried as aforesaid may direct such finding to be recorded, and thereupon may order such person to be kept in str ict custody in such place and in such manner as to such Judge may seem fit until he be dealt with as provided by the nex t succeeding section of this Act .

(2) I n all cases where i t is given in evidence upon the trial

of any person charged with any treason felony or misdemeanour tha t
such person was insane at the time of committ ing such offence, and such person is acquitted, the jury shall be required to find specially

whether

whether such person was insane at the t ime of the commission of such offence, and to declare whether such person was acquit ted by them on account of such insanity.

(3) I f they find tha t such last-mentioned person was insane

at the t ime of committ ing such offence, the Judge 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 such Judge may seem fit until the Governor's pleasure be known, and thereupon the Governor may give such order for the s i te custody of such person during his pleasure in such gaol or other place of confinement and in such manner as to the Governor seems fit.

( 4 ) Upon the receipt of certificates by two medical practi­

tioners in the form of Schedule Two of this Act, accompanied by a s ta tement of particulars in the form of Schedule Sixteen of this Act , the Governor, by warrant under his hand, may direct that such last- mentioned person be conveyed to and kept in a hospital for the criminal insane during the Governor's pleasure.

66 . (1) When any person committed to take his trial for any

offence is certified by two medical practitioners in the form of Schedule Two of this Act to be insane, or is upon arraignment found by verdict to be insane, the Colonial Secre tary may direct, by order under his hand in the form of Schedule Seventeen of this Act, that such person be removed to an hospital for the criminal insane, and detained in such hospital until he is 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 Secre ta ry shall order his removal to the gaol from whence he came in order to be tried for such offence:

(2) Such detention for any period shall not operate as a bar

to his subsequent indictment and trial for such offence.

67 . I f any person while detained in any gaol for debt, or in any

gaol, reformatory, or industrial school, or other place of confinement,

in consequence of any summary conviction or order by any Jus t ice or	in default of bail, appears to be insane, the Colonial Secretary may,
upon the receipt of certificates by two medical practitioners in the
form of Schedule Two of this Act, accompanied by a s tatement of particulars in the form of Schedule Five of this Act, direct, by order
under his hand, that such person be removed to and kept in such
hospital for the insane or for the criminal insane as he may judge proper and appoint, until it is duly certified by the superintendent
of such hospital and by the Inspector-General, or by the said super­
intendent and two official visitors, tha t such person has become of sound mind, whereupon the Colonial Secretary shall, if such person remains subject to be continued in custody, issue his order to the superin­ tendent of such hospital, directing tha t such person be removed to the

gaol

gaol reformatory, industrial school, or other place from whence he has been taken, or to some other gaol or place of confinement, or if the

period of detention or custody has expired tha t he be discharged.

6 8 . I f any person while imprisoned in any gaol, prison, or

penal establishment, under any sentence of hard labour or imprisonment imposed otherwise than on the conviction or order of Jus t ices appears to be insane, the Comptroller-General of Prisons shall direct tha t such prisoner be placed under observation as in section seventy-six of this
Ac t mentioned, and the Colonial Secretary may upon the receipt of certificates, by two medical practitioners in the form of Schedule Two
of this Act , accompanied by a s tatement of particulars in the form of
Schedule Sixteen of this Act , direct by order under his hand in the form
of Schedule Seventeen of this Act, t ha t such person be removed to and
kept in a hospital for the criminal ins me until it is duly certified by the medical officer of such hospital, and by the Inspector-General, or by the said medical officer and two official visitors tha t such person has
become of sound mind, whereupon the Colonial Secretary shall, if such
person remains subject to be continued in custody, issue his order to the superintendent of such hospital, directing tha t such person be removed to the gaol, prison, or penal establishment from whence he has
been taken, or to some other gaol, prison, or penal establishment, or
if the period of his imprisonment has expired tha t he be discharged.

6 9 . I f it is made to appear to the Colonial Secretary by any

means whatsoever tha t there is good reason to believe tha t any prisoner in confinement under sentence of death is then insane, the
Colonial Secre tary may appoint two or more medical practitioners to
inquire into the insanity of such prisoner, and if on such inquiry such prisoner is found to he then insane, the fact shall be certified in writing by such practit ioners to the Colonial Secretary, and on receipt
of such certificate the said Colonial Secretary may, by order under his
hand, direct tha t such prisoner be removed to and kept in an hospital
for the criminal insane or other proper place for the reception of for

insane prisoners, until it is duly certified by the medical officer of such hospital or place and by the Inspector-General, or by the said medical	officer and two official visitors, tha t such person has become of sound
mind, whereupon the Colonial Secre tary shall issue his order tha t such person be removed to any prison or other place of confinement to undergo his sentence of death or to be dealt with according to law, as
if no such order for his removal to an hospital for the criminal insane
had been issued.

7 0 . 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 tha t the person is still insane), by writing

under

under his hand, order his discharge and removal to some other hospital
for the insane, not being an hospital for the criminal insane, or tha t he be otherwise subjected to the same care and t rea tment , and be dealt with in all respects as an insane patient, not being a criminal.

Provided tha t when such insane patient is certified by such

medical officer to suffer from homicidal propensities, or from insanity

of such a kind as renders it advisable tha t he should be detained in an

hospital for the criminal insane, the Colonial Secretary may order such

detention after the expiration of his sentence.

7 1 . When any person detained in an hospital for the criminal

insane whose sentence is unexpired, is 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 a hospital for the criminal insane.

7 2 . When any person is 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 t i m e ; and the Governor 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 confinement, 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.

7 3 . 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 super­ intendent 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 authorised by the Colonial Secretary or such superintendent, and shall be conveyed to and received and detained in such hospital.

(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?
Religious 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?

SCHEDULE S E V E N T E E N .

WHEREAS it has been duly certified under section sixty-six of the Lunacy Act, 1898, 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.

Dated this

Colonial Secretary.

SCHEDULE

SCHEDULE EIGHTEEN.

I [A.B.], a medical practitioner, have this day examined [CD.], 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

SCHEDULE NINETEEN.

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 1898, 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)