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not exceeding six months, or to such imprisonment without the option of a fine.
Proc. No. 36
48. Any officer, attendant, servant, or other Penalty for person employed in any asylum or other place who shall wilfully niving at escape of lunatic. permit, or assist or connive at the escape or attempted escape of any lunatic, or who shall secrete a lunatic, shall upon conviction be liable to a penalty not exceeding twenty pounds, or in default of payment to imprisonment with or without hard labour for a period not exceeding three months, and to instant dismissal from any position such convicted person may then occupy.
49. It shall not be lawful to employ any male person in any asylum in the personal custody or restraint of any female patient, and any person employing a male person contrary to this Section shall be liable to a penalty not exceeding twenty pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding three months: Provided that this Section shall not extend to prohibit or impose a penalty on the employment of male persons on such occasions of urgency as may in the judgment of the Superintendent of the institution render such employment necessary, but the employment shall be reported to the Colonial Secretary.†
Male person not to
be employed in personal custody of female patient.
Penalty on person
lunatic for carnally
50. If any officer, attendant, or other person employed in any asylum, or any person having the care or charge of, or having charge of attending upon any single patient, carnally knows, or attempts knowing female to have carnal knowledge of any female under care or treatment patient. as a lunatic, he shall upon conviction be liable to imprisonment with or without hard labour for any period not exceeding five years; and no consent or alleged consent of such female thereto shall be a defence in any prosecution for such offence.
+*51. Whenever any person shall, with the previous consent of the Colonial Secretary, be brought into this Colony from any other Colony or Territory in South Africa to which the Governor may by proclamation apply the provisions of this Section by virtue of a warrant under the hand of a person duly authorised in such Colony or Territory to sign the same setting forth that such person has been judicially declared in any such Colony or Territory to be a lunatic, such person shall within this Colony deemed to be legally detained under such warrant for a period of one month from the date thereof in any asylum or other safe place of confinement named in such warrant. On the admission of such person into the asylum or other safe place of confinement aforesaid, the medical superintendent or officer in charge of such asylum or other safe place of confinement shall forthwith forward the warrant with the supporting documents to the Attorney-General for submission
* This section has been applied to Southern Rhodesia by Proclamation No. 9 (Admn.) 1902. (Gazette, 24th Oct., 1902, p. 1470.)
+ For "Colonial Secretary" read Attorney-General or Secretary of Law Department. See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249).
Proc. No. 36 of 1902.
No person to be
to a Judge in Chambers, and thereupon all the provisions of this Proclamation shall apply as if such person were a person in respect of whom a summary reception order had been granted in terms of this Proclamation.
52. Subject to any exception in this Proclamation detained in asylum mentioned, it shall not be lawful to receive or detain in any asylum, hospital, or other place, or as a single patient any lunatic or alleged lunatic, except under an order made by a Magistrate, a Judge, or a Court.
Court or Judge.
Every person re
ceiving a patient into a notice thereof to the
his house to transmit
Every such patient to be visited by independent medical prac
Insanity of person
*53. Every person who shall take care or charge of any lunatic as a single patient shall, within twenty-four hours after so taking charge of such person, transmit through the post a notice of such admission to the Colonial Secretary. True copies of the order, statement, and medical certificates upon which such person shall have been so received shall be transmitted to the said Secretary by the Magistrate making the order. *54. Every such lunatic shall as often as may be provided by regulations under this Proclamation, or as may be directed by the Colonial Secretary, be visited by a medical practitioner not deriving, and not having a partner, father, son, brother, or other relative who derives any profit from the care and charge of such lunatic.
*55. If the insanity of a person residing in a private residing in private dwelling with relatives or others, who receive no remuneration for his maintenance and care, has endured for a period of six months, and is of such a nature as to require compulsory confinement in the house, or restraint or coercion of any kind, the person who has charge of the patient shall intimate such detention to the Colonial Secretary, and shall transmit to the said Secretary a certificate signed by at least one medical practitioner as to the condition of the person so detained, and the reasons (if any) which render it desirable that such person shall remain under private care. The said Secretary may thereupon order that such person be so detained for a further period not exceeding six months, at the expiration of which period if the insanity still continues, the necessary steps must be taken by the person having charge of the patient to obtain an order under Section ten.
*56. The medical superintendent of an asylum may with submitting to treat the previous assent in writing of the Colonial Secretary, which assent shall not be given without written application by the patient, receive and lodge as a boarder for the time specified in the assent, any person who is desirous of voluntarily submitting to treatment, but whose mental condition is not such as to justify the issue of certificates of insanity. Provided always—
(«) That if such person makes a written application to the medical superintendent, he may be received as a boarder temporarily for a period not exceeding seven days, pending the receipt of the said Secretary's
*For "Colonial Secretary" read "Attorney General or Secretary of Law Department." See Pr. 21, Admn, 1903 (Gazette, 19th June, 1903, p. 1249).
(b) That every such boarder shall be produced if required
*(d) That notices of admission, discharge and death with
(e) That every such boarder shall be discharged at the
57. Every medical certificate or report under this Proclamation shall be signed by a medical practitioner, and shall state the facts upon which the certifying medical practitioner has formed his opinion that the alleged lunatic is a lunatic, distinguishing facts observed by himself from facts communicated by others; and no order made under this Proclamation shall be made upon a certificate founded only upon facts communicated by others.
58. Every medical certificate or report made under and for purposes of this Proclamation shall be evidence of the facts evidence of certain therein appearing, so far as they may be facts within the knowledge of the person making the certificate, and of the judgment therein stated to have been formed by the certifying medical practitioners on such facts, as if the matters therein appearing had been verified on oath.
59. The medical certificates or reports under this Proclamation shall not be received or acted upon if made by any person related to the supposed lunatic within the fourth degree of consanguinity or affinity, or the partner or assistant of a person so related; and neither of the persons signing such certificates or reports shall be so related to, or the partner or the assistant of the other of them.
60. Mechanical means of bodily restraint shall not be applied to any lunatic unless the restraint is necessary for the purpose of surgical or medical treatment, or to prevent the lunatic from injuring himself or others; and in every such
(1) A medical certificate shall as soon as it can be obtained
(2) The certificate shall be signed in the case of a lunatic
* For " Colonial Secretary" read "Attorney-General or Secretary of Law Department." See Pr. 21, Admn, 1903 (Gazette, 19th June, 1903, p. 1249),
Medical certificates not to be signed by person related to al
leged lunatic within fourth degree.
Under what circum
stances mechanical means of bodily re
Proc. No. 36
Any person ap
pointed under this
(3) A full record of every case of restraint by mechanical means shall be kept from day to day.
*(4) A copy of the certificates and records under this Section shall be sent to the Colonial Secretary at the end of every quarter.
(5) In the application of this Section "mechanical means " shall be such instruments as the Governor may by regulation determine.
61. Any Magistrate or any Commissioner or person Proclamation to make appointed by the Court or by the Governor to make any enquiry may examine enquiry under this Proclamation, or in respect of any lunatic, on oath and summon may, if he deems it necessary so to do, summon any person to appear before him to testify upon oath touching any matter respecting which such Magistrate, Commissioner, or other person is, under this Proclamation, or by any commission or order issued by any such Court, or by the Governor, authorised to enquire (which oath such Magistrate, Commissioner, or other person is hereby empowered to administer).
Penalty for not obeying such sum
Expenses of wit
under this Ordinance.
62. Every person who does not appear pursuant to any such summons as is in the last section mentioned, or does not assign some reasonable excuse for not appearing, or who appears and refuses to be sworn or examined shall, on conviction in the Court of any Resident Magistrate having jurisdiction, be liable to a penalty not exceeding twenty pounds, and in default of payment, to imprisonment with or without hard labour for a period not exceeding three months.
63. Every person so summoned as aforesaid shall be entitled to be paid his expenses as if a witness summoned to attend upon a trial in a criminal case.
*64. A warrant of the Governor under this Proclamation execution of warrant may be under the hand of the Colonial Secretary. Every such warrant, and every Magistrate's order for the detention or removal of a lunatic may be executed by the person to whom it is addressed, or by any constable, and when it relates to a person not in custody may be executed in like manner as if it were a warrant for the arrest of a person charged with an offence, and it shall be the duty of every constable to aid in the execution of every warrant under this Proclamation.
Powers of Colonial Secretary under Proclamation may be
exercised by another person appointed by
*65. The Governor may from time to time direct that all or any of the powers, duties and authorities by this Proclamation vested in or required to be performed by the Colonial Secretary, shall be exercised and performed by any person the Governor shall think fit, subject to any restrictions or limitations he may impose, or that such powers, duties and authorities may, as to certain parts of the Colony be exercised by the said Secretary, and as to certain other parts by some person or persons other than the said Secretary.
66. If any person escapes while being conveyed to an asylum or place in pursuance of this Proclamation, or if any person lawfully detained in an asylum or other place for lunatics
See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249), directing powers, &c., of Colonial Secretary under this Proclamation to be performed by the Attorney-General or the Secretary of the Law Department from and after 1st July, 1903.
escapes, he may be re-taken within twenty-eight days after his escape by the superintendent of such asylum, or person in charge of such other place, or any officer or servant belonging thereto, or by any person assisting such superintendent, person in charge, officer or servant, or by the duly appointed escort of such escaped person, or by any constable, and conveyed to and received and detained in such asylum or other place. If not re-taken within twenty-eight days he shall be formally discharged, and before re-admission a new order must be obtained; provided that in the case of any criminal or Governor's pleasure lunatic who escapes he may be re-captured as aforesaid at any time after
Proc. No. 36 of 1902.
Cost of mainten
or other place.
67. When any person shall be detained under the provisions of this Proclamation in any asylum or other place, the main-ance in an asylum tenance of such person shall until further provision therefor be made, be defrayed out of the Colonial revenues: Provided always that all sums so paid may be recovered from the estate of any such person, or from any person or persons liable by law to contribute towards the maintenance of such detained person by the Resident Magistrate of the district in which such estate is situated, or in which the person or persons so liable shall reside; and provided further that such liability shall not, unless otherwise agreed on, exceed in any case the rate of ninety-six pounds per annum.
Action by lunatic,
68. Any action brought by any person who has been detained as a lunatic against any person for anything done limitation of. under this Proclamation shall be commenced within three months next after the release of the person bringing the action.
69. It shall be lawful for the Governor from time to time
to appoint fit and proper persons to visit, inspect and report on visitors. asylums under the provisions of this Proclamation.
70. The Governor may, from time to time, make and alter or rescind rules or regulations for all or any of the following make, &c., regula
(1) For the discharge of lunatics on recovery, or on the
(3) For the guidance of visitors, and as to the reports to be
(4) For prescribing the books to be kept in asylums or
* Rules and Regulations made by the Governor under this section, were promulgated by Government Notice, No. 227, of 1902, published in Government Gazette, 6th June, 1902.