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Proc. No. 36 of 1902.

PART I.

PROVISIONS RELATING TO LUNATICS WHO ARE NEITHER
GOVERNOR'S PLEASURE NOR CRIMINAL LUNATICS.

Magistrate

may

5. Any Magistrate upon the information on oath of any order apprehension of person that a person wandering at large is deemed to be a person wandering at lunatic, may by order require a constable to apprehend the large and deemed to alleged lunatic and bring him before the Magistrate making the be a lunatic. order or before any Magistrate having jurisdiction where the alleged lunatic is.

Constable may un

der certain circum

stances

remove

6. If a constable is satisfied that it is necessary for the public safety, or the welfare of an alleged lunatic with regard to whom it is his duty to take any proceedings under this alleged lunatic to Proclamation, that the alleged lunatic should before any such prison or hospital. proceedings are taken be placed under care and control, the constable may apprehend and convey the alleged lunatic to a prison or hospital, and the gaoler or officer in charge of the hospital shall unless there is no proper accommodation in such prison or hospital for the alleged lunatic receive and detain the alleged lunatic therein, but no person shall be so detained for more than forty-eight hours without the knowledge and authority of a Magistrate. It shall not be lawful to detain any alleged lunatic apprehended under this or any other section of this Proclamation for a longer period than seven days without a Magistrate's order under section ten unless a medical practitioner shall certify that it is impossible to decide as to the sanity or otherwise of the alleged lunatic within such period of seven days, in which case the Magistrate may authorise the detention of the alleged lunatic for a further period not exceeding seven days.

7. When under this Proclamation notice has been given to or an information on oath laid before a Magistrate that a person wandering at large is deemed to be a lunatic, such Magistrate may examine the alleged lunatic at his own house or elsewhere, and may proceed in all respects as if the alleged lunatic had been brought before him.

8. Every constable who has knowledge that any person not wandering at large is deemed to be a lunatic, and either is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, shall, without delay, give information thereof on oath before the nearest Magistrate.

Magistrate may examine such person.

Constable to report

to Magistrate cases

of lunatics not under proper care, though not wandering about.

9. Upon the affidavit, or information on oath, of the Upon information husband or wife, or other near relative, of any person, that given, Magistrate may order person such person is deemed to be a lunatic, or upon the affidavit or to be examined by information on oath of any person that person is deemed to be medical practitioner. a lunatic, and either is not under proper care, treatment and control, or is cruelly treated or neglected as aforesaid, any Magistrate may himself visit the alleged lunatic, and shall, whether making such visit or not, obtain certificates from any two medical practitioners whom he thinks fit (one of whom

Proc. No. 36 of 1902.

Summary reception order. If Magistrate satisfied that person is lunatic and not

under proper care, he may order person to be detained.

Such order shall authorise detention for one month.

shall, if practicable, be the District Surgeon), as to the mental state of the alleged lunatic. In case the services of two medical practitioners shall not be available, immediately available, the Magistrate may accept the certificate of one medical practitioner.

or

10. If, upon the certificate of the medical practitioners or practitioner who examined the alleged lunatic, and after such further or other enquiry as the Magistrate thinks necessary, he is satisfied that the alleged lunatic is a lunatic, and either is not under proper care, treatment and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him, and that he is a proper person to be taken charge of and detained under care and treatment, or if the person having the care, treatment and control of the alleged lunatic consents to the issue of the order hereinafter mentioned, the Magistrate may by order (in this Proclamation termed a summary reception order) direct the lunatic to be received and detained in some asylum or other place to be named in such order. Provided that a summary reception order shall not be granted, unless each medical practitioner on whose certificate it is proposed to grant such order, has personally examined the alleged lunatic not more than fourteen clear days before the date of the summary reception order, and that it shall not be competent for a Magistrate to accept, for the purpose of such order, the certificate of any Asylum Medical Officer, or private medical practitioner, to whose charge he proposes to commit the alleged lunatic by such order, or who has any interest in the payments to be made on account of such alleged lunatic; provided further that all proceedings under this and the preceding section with respect to alleged lunatics shall be conducted in private. And provided further, that if at any time after the issue of such order, the Magistrate having jurisdiction to make such order, is satisfied that some relative or friend of the lunatic, who is willing to take such lunatic under his own charge, will take proper care of such lunatic and provide for his maintenance, it shall be lawful for such Magistrate, on the recommendation of the District Surgeon, notwithstanding anything to the contrary in this Proclamation contained, to discharge such lunatic to the care and custody of such relative or friend.

11. A summary reception order shall authorise the detention of the person named therein for a period not exceeding one month, and if the place named therein be not an asylum, it shall be lawful for the Magistrate who has issued such order, at any time during its continuance, to authorise, by endorsement of such order, the removal of the lunatic named therein, from the place of detention specified therein, to an asylum; provided that the Magistrate shall notify such removal within twenty-four hours to the ex officio curator ad litem; and provided further, that after the removal of such lunatic to an asylum, any regulations as to discharge, transfer or death of patients framed under the provisions of

this Proclamation, shall apply to such persons so removed, and that notice of such discharge, transfer or death shall be given within twenty-four hours to the ex officio curator ad litem.

Proc. No. 36 of 1902.

Magistrate grant

the

General.

12. A Magistrate granting any order for the detention of any alleged lunatic under this Proclamation shall, without ing, such order, to send copy of order, delay, transmit a copy thereof, with copies of the depositions report, and medical and medical reports upon which he acted in granting such practitioner's report order, and his own report to the Attorney-General. The to AttorneyMagistrate shall also, within ten days, transmit as aforesaid the report of the District Surgeon, or such medical practitioner as shall have been in attendance upon the lunatic, as to his mental condition during his detention, such report to be based upon an examination of the lunatic, made not less than two or more than ten days after the date of the summary reception order; provided, that if the lunatic shall have been committed, by the order aforesaid, to detention in an asylum, the duties of furnishing and transmitting the medical report shall devolve on the medical superintendent of such asylum. Such Magistrate shall also make such report (if any) to the Colonial* Secretary, as may be prescribed by any general regulations, and otherwise conform thereto.

any

The AttorneyGeneral ex officio

13. The Attorney-General shall be ex officio the curator ad litem of such persons as may be detained under order granted by a Magistrate under this Proclamation, or further curator ad litem of detained under a Judge's order.

14. A curator ad litem receiving any such order, depositions and reports as aforesaid from a Magistrate shall, within the said period of one month, lay the same, with any further reports, depositions or statements which he may have deemed necessary to call for, before a Judge in chambers for his consideration.

such lunatics.

Curator ad litem

receiving above reports, &c., to lay the same before Judge in Chambers.

The Judge may :—

Order further de

15. The Judge, upon consideration of such order, reports and evidence of lunacy therein appearing, may order as follow:(1) If satisfied that an order for the further detention of the alleged lunatic may be made, forthwith make such tention of alleged order accordingly, and for such period as he may deem

necessary.

(2) Direct that a summons be issued and served upon the
alleged lunatic and the curator ad litem to appear in
the Court to be therein named to show cause why the
alleged lunatic shall not be declared lunatic, and his
detention as such confirmed, or, if necessary, that a
curator be specially appointed for the care of his
person and for the care or administration of his
property.

(3) Appoint a curator bonis for the temporary care or
custody of any property of the alleged lunatic, and
where it appears to the Judge desirable that tem-
porary provision should be made for the maintenance

For "Colonial Secretary" substitute " Attorney-General or Secretary of
Law Department." See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249).

lunatic.

Call upon curator ad litem and lunatic appointed Court. to appear before an

Appoint a curator

bonis.

Proc. No. 36 of 1902.

Direct discharge of alleged lunatic.

Direct as to issue, service, &c., of sum

mons.

Generally give necessary directions.

Husband, wife,

friend, or relative of

person deemed to be lunatic, may apply directly to the Court or Judge for enquiry.

Any person detained under summary reception order may apply to Court for

enquiry.

Where person

ordered to be further detained or is declared a lunatic, the Colonial Secretary may order his removal to asy

lum.

the

or other necessary purposes or requirements of the alleged lunatic or any member of his family out of any cash or available securities belonging to him in the hands of his bankers or of any other person, Judge may authorise any such banker or other person to pay to the curator bonis such sums as may be deemed necessary, and may give directions as to the application thereof for the alleged lunatic's benefit or the relief of his family.

(4) Direct that the alleged lunatic be immediately discharged.

(5) Direct that any summons or other process be issued, and the proceedings in the case be continued free of any stamp duty or office fee; and other that service of any process under this section be made in such manner as may seem expedient.

(6) Generally give such directions as may appear necessary and proper.

16. Nothing in this Proclamation contained shall prevent any husband, wife, or other relative of any person deemed to be a lunatic, or any friend of such person who has no husband, wife or near relative at or near the place where such person is residing, from applying by petition directly to the Court or Judge for an enquiry into such person's mental condition whether a summary reception order shall previously have been granted or not, and such Court or Judge may order therein as may be deemed fitting.

17. Any person detained under the order of a Magistrate under this Proclamation or under a Judge's order for a further detention granted as aforesaid, may apply to the Court directly or through the curator ad litem for an enquiry into the cause and grounds of such person's detention, and such Court may order therein as may be deemed fitting.

is *18. At any time after a Magistrate has issued a summary reception order for the detention of a lunatic, or the Court has declared a person a lunatic, the Colonial Secretary may by warrant under his hand authorise the removal of such lunatic to some asylum, hospital or other safe place of confinement, there to be detained until legally discharged, or legally removed to some other asylum or place, provided that, in the case of a person dealt with by summary reception order, if such warrant of removal as aforesaid is issued prior to the grant of the Judge's order notice of the issue of the warrant shall forthwith be sent by the said Secretary to the ex officio curator ad litem.

Procedure if found

raignment.

PART II.

PROVISIONS RELATING TO GOVERNOR'S PLEASURE AND
CRIMINAL LUNATICS.

19. If at any time prior to the arraignment of any person

insane prior to ar- against whom criminal proceedings have been initiated for some

* For "Colonial Secretary" read " Attorney-General or Secretary of Law Department." See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249).

crime or offence it shall appear to the gaoler or other custodian of such person that such person is insane, such gaoler or other custodian shall without delay report the fact to the Magistrate of the District in which such person is confined; and such Magistrate shall forthwith direct two medical practitioners, or one medical practitioner if two are not immediately available, to examine such person and to enquire into his sanity, and after such examination the said medical practitioners may certify in writing that he is insane; and if upon such certificates or certificate the Magistrate is satisfied that such person is a lunatic the Magistrate shall by order direct such person to be kept in custody in some prison pending the signification of the pleasure of the Governor: Provided that nothing in this or the next succeeding section shall be read as prohibiting the abandonment of the criminal charge at the discretion of the Judge or Magistrate concerned, and the adoption of the procedure specified in Part I. of this Proclamation in those cases in which the crime or offence charged is of a petty nature and the interests of justice will not suffer by the abandonment of the charge.

is

Proc. No. 36 of 1902.

Procedure if found

on arraignment.

20. If on the arraignment or during the trial of any person charged with any crime or offence, it shall appear to the insane during trial or judicial officer, presiding at such trial, that such person insane the question of such person's sanity shall be enquired into by a jury, especially empanelled for the purpose, if the trial be before a Judge and a jury, or otherwise, by the Court, before which the trial is being held; and if such jury or Court shall find that such person is insane the judicial officer presiding at such trial shall record such verdict or finding, and shall issue an order committing such person to some prison pending the signification of the Governor's pleasure.

21. When in any indictment, or other criminal proceeding, any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane so as not to be responsible, according to law, for his action, at the time when the act was done, or the omission made, then if it appears to the jury or Court before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same the jury or such Court shall return a special verdict or finding to the effect that the accused was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did the act or made the omission; and the judicial officer presiding at the trial shall thereupon order the accused to be kept in custody in some prison pending the signification of the pleasure of the Governor.

Procedure when

persons charged with be insane by jury or Court.

offences are found to

Such persons to be

22. When an order committing a person as aforesaid kept in custody durpending the signification of the Governor's pleasure has been ing Governor's pleagranted it shall be the duty of the keeper of the prison to which sure. such person has been committed to send a copy of such order forthwith through the Magistrate of the District to the Colonial Secretary for transmission to the Governor, and it shall be lawful for the Governor thereupon and from time to time to

For "Colonial Secretary" read "Attorney-General or Secretary of Law Department." See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249).

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