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Proc. No. 36 of 1902.
If found after con
give such order for the safe custody of such person in such place and in such manner as the Governor may see fit.
*23. When it shall appear to the superintendent of a convict viction to be insane. station, to a gaoler, or to any other custodian of prisoners that a convicted prisoner in his charge is insane, such superintendent, gaoler, or custodian shall report the fact to the Magistrate of the District in which such prisoner is confined; and such Magistrate on receipt of such report, or on an order from the Colonial Secretary, shall forthwith direct two medical practitioners (one of whom shall if practicable be the District Surgeon) to examine such prisoner, and to enquire as to his sanity, and after such examination and enquiry the said medical practitioners may certify in writing that he is insane, provided that unless the prisoner is under sentence of death the Magistrate may, in case the services of two medical practitioners shall not be available, direct one medical practitioner, who shall be, if practicable, the District Surgeon, to perform such duty.
Magistrate to order him to be confined.
If prisoner certified insane to be removed under warrant Governor to some
there as a lunatic.
*24. When a convicted prisoner is certified as aforesaid to be insane, the Magistrate shall, by order under his hand, direct that the said prisoner be kept in custody in the prison in which he is confined as a criminal lunatic, until the Colonial Secretary, or if such prisoner be under sentence of death the Governor, shall by warrant issue directions as to his disposal. The Magistrate issuing such order as aforesaid shall without delay transmit a copy of such order, together with copies of the medical certificates upon which he acted in granting such order, and of the criminal warrant under which such lunatic was detained in prison to the said Secretary.
*25. When a convicted prisoner not under sentence of death is certified as aforesaid to be insane the Colonial Secretary may, if he thinks fit, direct such prisoner to be removed to Asylum and detained an asylum named in the warrant, and thereupon such prisoner shall be removed to and received in such asylum and subject to the provisions of this Proclamation relating to discharge, and otherwise shall be detained therein, or in any other asylum to which he may be transferred as a criminal lunatic until he ceases to be a criminal lunatic.
Procedure in case
sentence of death.
26. When a prisoner under sentence of death is certified as of prisoner under aforesaid to be insane the Governor may, if he thinks fit, direct such prisoner to be removed to an asylum named in the warrant, and thereupon such prisoner shall be removed to and received in such asylum, and subject to the provisions of this Proclamation relating to discharge, and otherwise shall be detained therein, or in any other asylum to which he may be transferred as a criminal lunatic, until he ceases to be a criminal lunatic.
When it is certified
that a criminal lunatic (other than one
in respect to whom a special verdict was returned) is sane the Colonial Secretary
may order him to be remitted to prison.
*27. When it is certified by two medical practitioners as aforesaid that a person being a criminal lunatic or Governor's pleasure lunatic (not being a person with respect to whom a special finding or verdict under section twenty-one of this Proclamation has been returned) is sane the Colonial Secretary, if satisfied that it is proper to do so, may, by warrant, direct such
* For "Colonial Secretary" in these sections read "Attorney-General or Secretary of Law Department." See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249).
Proc. No. 36 of 1902.
When a criminal
be a criminal lunatic.
person to be remitted to prison to be dealt with according to law. 28. A criminal lunatic shall, upon the expiration of the sentence of imprisonment to which he may be subject, cease to lunatic shall cease to be a criminal lunatic; provided however that the order or warrant under which he was previously detained as a criminal lunatic, shall continue to operate as an authority for his detention pending the issue of the Judge's order hereinafter mentioned. If one month before the expiration of his sentence of imprisonment a criminal lunatic is still of unsound mind, the asylum superintendent or other custodian of such lunatic shall forthwith transmit a medical certificate of insanity with such report and other documents as may be deemed necessary to the AttorneyGeneral, who shall without delay lay the same before a Judge in chambers for his consideration, whereupon the said Judge shall order the further detention of the said criminal lunatic as a case under Part I., or make such other order in accordance with section fifteen of this Proclamation as the said Judge may see fit; and such order shall have effect on and after the date of the expiration of the said lunatic's sentence of imprisonment.
Superintendent of asylum or other place Governor's pleasure lunatic is detained, to
in which criminal or
*29. The superintendent of an asylum or other place in which a criminal lunatic or a Governors's pleasure lunatic is detained, shall make a report to the Colonial Secretary at such times (not being less than once a year) and containing such particulars as the said Secretary may require of the condition and report to Colonial Secretary at least circumstances of every criminal lunatic and Governor's pleasure once a year. lunatic in such asylum or place; and the said Secretary shall at least once in every two years during which a criminal lunatic or Governor's pleasure lunatic is detained take into consideration the condition, history and circumstances of such lunatic for the purpose of determining whether he ought to be discharged or otherwise dealt with.
*30. The Colonial Secretary may from time to time order the transfer of any criminal lunatic or Governor's pleasure lunatic detained in any asylum or other place, to any other asylum, and such criminal lunatic shall accordingly be received and detained in the asylum to which he is so transferred.
31. The Governor may discharge any criminal lunatic or Governor's pleasure lunatic, absolutely or conditionally, that is to say on such conditions as to the duration of such discharge, and otherwise as the Governor may think fit.
may order transfer Governor's pleasure lunatic.
of criminal lunatic or
Governor may discharge criminal lunatic absolutely or
Conditions to be
*32. Where a criminal lunatic or Governor's pleasure lunatic is conditionally discharged in pursuance of this Proclamation:- observed in condi(1) A report of his condition shall be made to the Colonial tional discharge.
Secretary, by such persons and at such times and
(2) If any of the conditions of such discharge appear to
For "Colonial Secretary! " in these sections read "Attorney-General or Secretary of Law Department." See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249).
Proc. No. 36
dealing with prison
is revoked, the Governor may direct him to be taken into custody and removed to some asylum or place named in the warrant, and he may thereupon be taken, and shall be received and detained in such asylum or place, as if he had been removed thereto under the provisions of this Proclamation.
Governor may 33. The Governor may make, revoke and vary regulations make regulations for for the treatment of persons sentenced to imprisonment, who ers who appear from appear in accordance with the said regulations to be from imbecility to be unfit imbecility of mind, either unfit for penal discipline, or unfit for for penal discipline. the same penal discipline as other prisoners.
Court may appoint
PROVISIONS FOR THE CARE AND ADMINISTRATION OF
34. The Court may appoint a curator for the care or curator over property administration of the property of any person declared lunatic or of a person lawfully detained as a criminal lunatic or Governor's pleasure lunatic, with or without security as the Court may direct, and may confer upon such curator authority to do any specified act, or exercise any specified power or may confer a general authority to exercise on behalf of the lunatic until further ordered, all or any of such powers without further application to the Court; provided that when a lunatic, detained by order of the Court or of a Judge of whose property no curator has been appointed, possesses property the estimated value of which does not exceed five hundred pounds in respect of the corpu thereof or fifty pounds per annum in respect of the incom thereof, a Judge in Chambers or the Master of the High Court of the Transvaal may, on the application of the official curator ad litem, appoint a curator of the property of the lunatic. 35. Where upon an enquiry the Court shall be of opinion to whom it relates is of unsound mind so as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others, such Court may make such order as it thinks fit for the care or administration of the property of the lunatic including all proper provisions for his maintenance, but it shall not be necessary unless the Court shall think proper to do so to make an order as to the custody of his person.
Court may under certain circumstances appoint curator over
property without appointing curator over
Court may dissolve a partnership if member thereof declared a lunatic.
Copy of order appointing curator over property to be lodged with Master.
36. When any person being a member of a partnership is declared a lunatic by the Court, the Court may by the same order, or by an order subsequently granted, dissolve the partnership.
37. When the Court has granted an order for appointing a curator for the care or administration of the property of a lunatic, an office copy of such order shall forthwith be lodged with the Master of the High Court.
Proc. No. 36 of 1902.
Master to grant
38. The Master shall grant to such curator a certificate that he has been so appointed, and is authorised as such to have certificate of appoint
the custody and administration of the lunatic's estate.
ment to curator.
Curator to file in
39. Every such curator shall be under the like duty and obligation as an executor appointed for the administration of the ventory, &c., with estate of a deceased person, to lodge with the said Master an inventory or additional inventory of the property of a lunatic and accounts of his administration, and in respect of any such inventory or account the like stamps and fees shall be payable as in the case of the estate of a deceased person.
40. Every such curator shall be allowed the like remuneration to be taxed by the said Master as in the case of an
Curator to be allowed same remuneration as executor.
act as executor.
41. When any lunatic, for the care or administration of If lunatic die inteswhose estate a curator has been appointed shall die intestate, or tate or has no execuhaving left a will there shall be no executor, or none willing to tor, curator bonis to act, such curator shall continue the administration of the estate of such lunatic, and distribute the assets thereof as if he had been appointed an executor dative, and it shall be lawful for the Master to require the same security from such curator as he would have been entitled to require from an executor dative.
42. The Court may authorise and direct any curator
(3) Carry on or discontinue any trade or business of the
(4) Grant leases of any property of the lunatic.
(7) Raise money on mortgage of the lunatic's property for
(8) Apply any money for or towards the maintenance or
(9) Make such reports concerning the lunatic's estate to the
Court may authorise curator to do following acts.
to be taken to limit declaring persons in
power of Court as to
sane or appointing curators.
Proc. No. 36 of 1902.
Penalty for detain
ing alleged lunatic, except under provisions of this Pro
Penalties for false
Penalty where no
OFFENCES AND PENALTIES.
44. Every person who, except under the provisions of this Proclamation, receives or detains a lunatic or alleged lunatic in an asylum or for payment takes charge of, receives to board and lodge, or detains a lunatic or alleged lunatic shall upon conviction be liable to a penalty not exceeding fifty pounds or in default of payment to imprisonment with or without hard labour for a period not exceeding six months or to such imprisonment without the option of a fine.
45. Every person guilty of any of the following acts or offences shall upon conviction be liable to a penalty not exceeding one hundred pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding twelve months or to such imprisonment without the option of a fine :
(1) Making any wilful misstatement of any material fact
(3) Knowingly making in any book, statement or return
46. Every person who shall contravene any of the prospecial penalty pro- visions of this Proclamation, in respect of which no other penalty or punishment is thereby or by any other law provided, or who shall contravene any of the provisions of any rules or regulations made by the Governor under this Proclamation, 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 any period not exceeding three months.
Penalty if nurses, &c., or persons in
47. Any officer, nurse, attendant, servant, or other person charge illtreat luna- employed in any asylum or other place, or any person having the care or charge of a lunatic, or alleged lunatic, whether by reason of any contract or any tie of relationship or marriage, or otherwise, who shall illtreat or wilfully neglect any such lunatic or alleged lunatic, shall upon conviction be liable to a penalty not exceeding fifty pounds, or in default of payment to imprisonment with or without hard labour for any period