LUNACY ACT 1890. 54 VICTOJtlA, An Act to consolidate the Law relating to Lunatics.

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2174 LUNACY. [54 VIOT.
LUNACY ACT 1890.
An Act to consolidate the Law relating to Lunatics.
54 VICTOJtlA,
No. 1113. 1--./-L.1 T T 10nft ~\
— |_10tn July, loyU.J
"Lunacy ~\X® ^ enacted by the Queen's Most Excellent Majesty by and with
Statute.- Jj the advice and consent of the Legislative Council and the Legis
lative Assembly of Victoria in this present Parliament assembled and
by the authority of the same as follows (that is to say):—
shorttitle 1. This Act may be cited as the Lunacy Act 1890, and shall come
SrtXteto™.ont into operation on the first day of August One thousand eight hundred
and ninety, and is divided into Parts and Divisions as follows :—
PAET I.—Reception of Lunatics ss. 4-27.
Division 1.—PublicAsylumsss. 28-33.
Division 2. — Receiving Houses ss.
34-37.
Division 3.—Cottages or other se
parate accommodation for Paying
PART II.—Detention of Patients ss. 38-42.
Lunatics. Division 4.—Philanthropic Hospitals
ss. 43-60.
Division 5. — Licensed Houses for
Single Patients ss. 61-65.
Division 6.—Hospitals for Criminal
Insane ss. 66-70.
^Division 1.—Visitation ss. 71-82.
Division 2.—Annual Examination ss.
PART III.—Treatment 83-86.
of Lunatics. Division 3.—Transfer ss. 87-94.
Division 4.—Boarding out Patients
ss. 95-97.
Division 5.—Discharge ss. 98-105.
'Division 1.—Issue of Commission and
PART IV. - Commis Proceedings thereon ss. 106-120.
sions de Lunatico Division 2.—Traverse of Inquisitions
Inquirendo and En ss. 121-125.
quiries. Division 3.—Supersedeas of Inquisi
tions SB. 126-128
No. 1113.] LUNACY ACT 1890. 2175
PART IV. — Commis Division 4.—Orders on Master's Ee- "Lunacy
sions de Lunatict port s. 129. Statuu''
Infiirmxdo and En-1 Divisions.-Foreign Commissions s.
q_uiries. 130.
'Division 1.—General Powers and
Duties of Master-in-Lunacy ss.
PART V. — Administra 131-179.
tion and Management Division 2.—Powers and Duties of
of the Estates oi\ Master-in-Lunacy in respect of
Lunatic Patients and Estates of Lunatic Patients ss.
Lunatics. 180-202.
Division 3.-—Management of Estates
of Lunatics ss. 203-233.•
PART VI.—Maintenance Orders ss. 234-248.
PART VII.—Miscellaneous ss. 249-258.
2. The Acts mentioned,in the First Schedule to this Act to the Repeall
extent to which•the same are thereby expressed to be repealed are nrat schedule.
hereby repealed. Provided that such repeal shall not affect any
proclamation appointment order in council order rule regulation appli
cation declaration registration affidavit entry statement transfer pay
ment demise assignment or complaint made, or any notice certificate
surety approval consent or receipt given, or any petition presented, or any
report furnished, or any special leave obtained, or any inquiry or
inqiusition ordered, or any reference directed, or any power exercised, or
any distress levied, or any commission precept summons or writ issued,
or any licence or warrant granted, or any agreement contract bond
recognisance lease deed instrument conveyance transfer mortgage
charge or other disposition entered into executed or effected, or any
superannuation allowance or gratuity accrued or accruing under the
said Acts or any of them before the commencement of this Act.
3. In-this Act and in the Schedules thereto the following words interpretation.
and expressions shall, if not inconsistent with the subject-matter or n- *• *•
context, have the respective meanings hereby assigned to them (that is .670ITIiet'
c
to say):—
"Asylum" shall mean any public asylum house building or "Asylum."
place already or hereafter to be erected or provided for the
reception of lunatics and patients, and proclaimed a public
asylum*as hereinafter provided:
"Commission" shall be construed to mean a commission in the
nature of a writ de lumtico inquirendo, and to comprehend
the general commission by this Act authorized to be issued:
"Conveyance" shall be construed to comprehend any grant "Conveyance.'
release surrender assignment or other assurance, including
all acts deeds and things necessary for making and per
fecting the same:
"Court" shall mean the Supreme Court of Victoria:
' Court*™
"Crimori ndaelt aiinnseadn ien" asnhyal lg amoel aonr raenfdo rminactlourdye opre risnodnuss tirmiapl risscohnoeodl s"'a n Cer. imTi nal in
,-, , t* n ji J i The /Avnacw •
or other place o1 continement under any sentenceor tinder a Am&td. A&
charge of any offence or for not finding bail to answer a1838" *l **
}
criminal charge or in consequence of a summary conviction,
VOL. III. 2 N
/
2176 LUNACY ACT 1890. [54 VICT.
" The Lunacy who shall appear to be insane, and persons "who under the
ArtiAnd. Act Crimes Act 1890 or any Act thereby repealed shall be or
shall have been ordered to be kept in safe custody either
until the Governor's pleasure be known or during the
Governor's pleasure:
(
"Dividends." "Dividends" shall be construed!to comprehend interest or other
"Lunacy annual produce:
j5KtttW6 &• O,
"Hospital" shall apply to such part only of any hospital as
"Hospital."
shall be devoted to the reception of lunatics or of patients
within the meaning of this Act:
"Inspector.*' "Inspector" shall include the deputy inspector:
Xdind. "Land" shall be construed to comprehend any real property of
•whatsoever description corporeal and incorporeal, and also
property of every description transferable otherwise than in
books kept by any company or society or any share-thereof
or charge thereon or estate or interest therein:
"Licensed "Licensed house" shall mean any house a licence to keep which
house." for the reception of a single lunatic or patient shall be
renewed or granted under this Act:
"Lunatic" shall be construed to mean any person-idiot lunatic
'Lunatic.'
or of unsound mind and incapable of managing himself or
his affairs and whether found lunatic by inquisition or
not-(°> ,
"Lunatio "LrmnHi* pnHfmf" and "Pattcnt" sTin.ll Tif mnstrnfifl to-meaii
patient." aannvv ppeerrssoonn ddeettaaiinneedd aat t tnthe ec coommmmenencecemmenetn to io ft ntihs iAs CAI cut nuunedr er
anv' AAcctt hheerreeb v repealed or hereafter received into and
detaaiinneedd iinn aan v asylum hospital or licensed house under
' uthiee u-Drotovvisisiioonnss ooif ttnhiiss iAtecrt • •
"MMfia.ssrteerr sshhaa ll mmeeaann na.nndd linncc nliundee MMaa.sstteerr--imn- -Liiuinnaaccyya nadn dD Derempruvt.y -
Master.
"Medical fi!S !v l ^fK be deemed to meana legally quaii-
practitioner." eamecuca Petitioner wit m the meanmg of anylaw now
or ereai er in torce relating o t e qua ucation of me ical
"w ^i7i,'("(f8i,: ri>. aA t- « , ~ fi>v t
' Next of kin,* +1
JNext oi kin .shall be construed^to reter to the next oi km or
a lunatic or a patient, ana _to comprehend the person or
persons who would be entitled, to his property or to any share
thereof under any law for the distribution of the property of
intestates in case he were dead intestate:
" Patient." Pratient shall io mdditnan to the meanipg above assigned to it
" The Lunacy
Amend. Act be constsued tc mean and include all persors who are in any
1SSS" 8, 3. manner subject ty be treated as insane orwho are in ans
manner under any control or supervision as insane or persons
of unsound mind, and until sneh. persons are discharged under
this Act all persons who may have been under detention
control or supervision, rr who .may have been permitted to
beabsent on trial under this Act or any. Act hereby repealed,
{a) A person suffering from delirium• tremens summary way, and under its lunacy jurisdiction,
comes within this definition.—The Mayor, <Cc., of with the real estate in this colony of a lunatic
DayUtford v. ConstabU of Daylwfom, 3 V.B. domiciled abroad, and found a lunatic upon the
(L),35. ' inquisition of a foreign court.—Be Crozier, 13
The Court has no. jurisdiction to deal' in, a V.L.E.., 362,.
No. 1113.] LUNACY ACT 1890. 2177
or who are boarded out or placed in a cottage established " The Lunacy
for the reception of paying patients or in a philanthropic y&ss*'Aci
hospital:
"Paying patients" shall mean any patients on whose behalf"Paying
payments shall be made or agreed to be made for cottage voitimtB-
or other separate accommodation Tinder regulations of the
Governor m Council • for the establishment of cottages or
other separate,accommodation for paying patients:
"Receiving house" shall mean any asylum or portion of any ''Reeeivhuj
asylum or any,house building or premises proclaimed and bouse' . .
constituted a receiving house as hereinafter provided:
"Stock "shall be construed to comprehend any share in any "sto*k."
company and any fund annuity or security transferable in "^^
s s 3
books kept by any company or society, and any money
payable for the discharge or redemption thereof, and any
share or interest therein:
"Superintendent" shall include a deputy superintendent of
asyllim : KDdent.
"Transfer" shall be construed to comprehend any assignment1"
Transfer."
payment or other disposition.
PART I.—RECEPTION OF LUNATICS.
4. In case any person shall be discovered and apprehended under Justices to
circumstances that denote a derangement of mind and a purpose ofS^or
committing suicide or some crime for which if committed such person ^^™us
would be liable to be informed against, it shall and may be lawful for ib. *. 4.
any two justices having jurisdiction in the place where such person i*4?Viot-
shall be so apprehended, and they are hereby required, to call to then*
assistance two medical practitioners to be selected by them for that
purpose, and the said justices may examine such witnesses on oath.
• If upon view or examination of the said person so apprehended, ,
or from other proof, the said justices shall be satisfied that such person
is insane or a dangerous lunatic, the said justices if they shall so think
fit shall, by an order under their hands and seals in the form contained
in the Second Schedule to this Act, cause the said person to be conveyed second
to and placed in such asylum or hospital or licensed house as they shall eoneliule•
by such order direct; and any constable whom the-said justices may re
quire so to do shall forthwith convey such person to such asylum hospital
or house accordingly. Provided always, that such justices may commit
"any person so apprehended to any hospital for safe custody pending any
such examination, and may from time to time remand such person.
Provided also, that nothing herein contained shall be construed to
restrain or prevent any relation or friend from taking such lunatic
under his own care and protection if such relation or friend shall enter
into sufficient recognisance before two justices for the peaceable
behaviour or safe custody of such lunatic.
5. When and after any receiving house has been proclaimed and oraeraunaerthe
j,- . i l -I • - i •> p, . ' i ii i i tost preceding
constituted under the provisions hereinafter contained all orders under ot!on to be for
ee
the last preceding section shall be made for the conveyance to and ^S^hou^
placing the person named therein in a receiving house, instead of
asylum or hospital or licensed, house, for a period of twenty-eight days tm»££ct
2 N 2
2178 LUNACY ACT 1890. [54 VICT.
"TheiMvaey subject to an earlier discharge or to a transfer to an asylum or other
usaa" place of care as hereinafter provided; and such orders shall be m the
Third schedule, form or to the effect in the Third Schedule hereto; and all the provisions
in the last preceding section shall apply to such orders for the con
veyance to and placing the person named therein in a receiving house
as though a receiving house had been mentioned in such section
instead of an asylum or hospital or licensed house, and the forms
in the schedules referred to in the said, section shall be varied
accordingly.
6. If any person while imprisoned or detained in any gaol or
Pris6IlCI£
may^reuioTOa reformatory or industrial school or other place of confinement under
MYJU™1'0 anv serrtence, or under a chargcof any offence, or for not finding bail
" lunacy for good behaviour or to keep the peace or to answer a criminal charge,
s ATVI'L " oo m nouse(meELCe eo fuv summary yonviction no rrder rb yny yustice,
o. 54 g. i, shall appear to be insane, it shall be lawful for any two justices having
27&?Vicbl jurisdiction in the place where such person shall be imprisoned, and
they are hereby required, to call to their assistance two medical
practitioners to be selected by them for that purpose, and to inquire
with their aid as to the insanity of such person.
HjuriySot":dul<1 "^nd ^ ^ shall be duly certified by such justices and such medical
practitioners, in the form in the Fourth Schedule to this Act (No. 1),
that such person is insane, it shall be lawful for the Chief Secretary
upon receipt of such certificate to direct by warrant under his hand that
such person shall be removed to such asylum or other proper receptacle
for insauc persons as the Chief Secretary may judge proper and appoint.
Provided that in the case of any prisoner in confinement under sentence
of death, if it shall be made to appear by any means whatsoever to
the Chief Secretary that there is reasonable ground to believe that
such prisoner is then insane, such Chief Secretary may himself appoint
two or more medical practitioners to inquire into the insanity of such
prisoner.
Fonrth schedule And if on such inquiry such prisoner shall be found to be then
°. *" insane the fact shall be certified in writing by such practitioners to the
Chief Secretary, according to the form in the said Fourth Schedule (No.
2), and the said Chief Secretary if he shall so think fit may on receipt
of the said certificate direct by warrant under his hand that such prisoner
shall be removed to such asylum or other proper receptacle for insane
persons as aforesaid.
Every person so removed under this Act, or already removed or in
custody under any former Act relating to insane prisoners, shall remain
under confinement in such asylum or other proper receptacle as afore
said, or in any other lunatic asylum or other proper receptacle to which
such person may be removed or may have been already removed or
in which he may be in custody by virtue of any like warrant which the
Chief Secretary is hereby empowered to issue if he shall think fit, until
it shall be duly certified to the Chief Secretary by two or more medical
If afterwards
dttdthwith.° b° practitioners that such person has become of sound mind, whereupon
the said Chief Secretary is hereby authorized, if such person shall still
Wdrront tor remain subject to be continued in custody, to issue his warrant to the
Jwtenwto* to keeper or other person having the care of any such asylum or receptacle
.discharge. as aforesaid, directing that such person shall be removed back from
thence to the prison or other place of confinement from whence he shall
have been taken to undergo his sentence of death or other sentence or
.No. 1113.] LUNACY ACT 1890. 2179
otherwise to be dealt with according to law, as if no such warrant for "Lunacy
his removal to an asylum had been issued, or if the period of imprison- tatuU"
ment or custody of such person shall have expired that he shall be
discharged.
7. When and after any asylum for the criminal insane has been Prisoners
proclaimed and constituted under the provisions hereinafter contained, ^^"rir^ljd
all persons who under the provisions of the last preceding section are tomyiumiorthe
directed or authorized to be placed in an asvlum or other proper dni
receptacle for insane persons shall be placed in an asylum for the ASS?*' ^(t
criminal insane and all the provisions in the last preceding section
shall apply as ,though an asylum for the criminal insane had been
mentioned in such section instead of an asylum or other proper
receptacle for insane persons and the forms in the schedule referred
to in the said section shall be varied accordingly
8. Every constable who shall have knowledge that any person Provision for
wandering at large is deemed to be a lunatic shall immediately S"J^i« w'ore
apprehend and take or cause such person to be apprehended and taken Sferine™tiia
before a justice; and it shall also be lawful for any justice, upon its being iwge not being
IJ_ L i • i LI * p j_. i_i*s properly taken
made to appear to him by the information upon oath oi any person care ot or being
whomsoever that any person wandering at large within the limits of his ^f17 treated
jurisdiction is deemed to be a lunatic, by an order under the hand and "Lunacy
seal of such justice in the form in the Fifth Schedule to this Act, to f^1^ 't
V1
require any constable to apprehend and bring him before any twoc. ames.
justices in petty sessions and having jurisdiction where such person may rmh Scbedule'
be found.
And every constable who shall have knowledge that any per--
son not wandering at large as aforesaid is deemed to be a lunatic
and 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 forthwith after obtaining such knowledge give information
thereof upon oath to a justice, and in case it be made to appear to any
justice upon such information, or upon any information upon oath
of any person whomsoever, that any person within the limits
of his jurisdiction not wandering at large is deemed to be a
lunatic and is not under proper care and control, or is cruelly treated or
neglected by any relative or any other person having the care or charge
of him, such justice shall either himself' visit and examine such person
and make inquiry into the matter so appearing upon such information,
or by an order under his hand direct and authorize some medical
practitioner'to visit and examine such person and make such inquiry
and to report in writing to such justice his opinion thereupon.
And in case upon such personal visit examination and inquiry by
such justice, or upon the report of such medical practitioner, it appear
• to such justice that such person is a lunatic and 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, it shall be lawful for such
justice, by an order under his hand in the form in the Sixth Schedule sixth
to this Act, to require any constable to bring such person before any two Sch?4ule-.
justices in petty sessions and having jurisdiction where such person
shall be found. Provided always that such justices may commit any
person so apprehended to any hospital for safe custody pending any-
such examination; and may from time to time remand such person.
2180 LUNACY ACT 1890. [54 VICT.
Lunaty 9. The justices before "whom any such person as aforesaid in the
Statute*s. 8. respective cases aforesaid shall be brought shall call to their assist
Course to be
pursued where ance two medical practitioners, and shall examine such person and
the lunatic is make such inquiry relative to such person as they shall deem
brought before
the justice or necessary; and if upon examination of such person with or without
justices.
10 & 17 Vict. other proof such justices be satisfied that such person so brought'before
o. 97s.66. them is a lunatic and was wandering at large and is a proper person to
be taken charge of and detained under care and treatment, or that such
person so brought before them is a lunatic and is not under proper care
and control, or is cruelly treated or neglected by any relative or any
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, and
if such medical practitioners sign a certificate with respect to such person
Seventh so brought before such justices according to the form in the Seventh
Schedule. Schedule to this Act, it shall be lawful for the said justices, by an order
Eighth under their hands and seals according to the form in the Eighth Schedule
Schedule. to this Act/°) to direct such person to be received into an asylum or
hospital or licensed house; and any constable whom the said justices
may require so to do shall forthwith convey such person to such asylum
hospital or house accordingly.
ordersunder 10. When and after any receiving house has been proclaimed and
seetwn to bTfor constituted under the provisions hereinafter contained, all orders under
reoefviwr housa ™e ^as* preceding section shall be made for the reception on the person
"TheLwiwtq/ named therein into a receiving house, instead of into an asylum or
1easraie,,0 hospital or licensed house, for a period not exceeding twenty-eight days,
subject to an earlier discharge or to a transfer to an asylum or other
place of,care or treatment as hereinafter provided, and such order shall
Ninth schedule, be in the form or to the effect in the Ninth Schedule hereto; and all
the provisions in the last preceding and next following section shall apply
to such orders, and to the making and execution thereof, and also to
the conveyance of the person named therein to a receiving house and
his reception into a receiving house as, though a receiving house had
been mentioned in such section instead of an asylum hospital or licensed
house, and the various forms in the schedules referred to in the said
section shall be varied accordingly.
Justice or 11. It shall be lawful for any two justices upon such information
justices may
visit lunatic at on oath as aforesaid, or upon their own knowledge in any of the cases
hia own abode aforesaid, to examine the person deemed to be a lunatic at his own
&c
lb. t, fl. abode or elsewhere, and to proceed in all respects as if such- person were
lb. s. 63, brought before them as hereinbefore mentioned. Provided that it shall
Execution of be lawful for the said justices to suspend the execution of any such order
order for
removal may bo for removing any such person as aforesaid to any such asylum hospital
suspended.
Qr nouge for such period not exceeding foureeen days as they may deem•
meet, and in . the meantime to give such directions or, make such
arrangements for the .proper care and control of such person as they shall
consider necessary.
(a) On an application to discharge a lunatic, it the warrant being merely informal, not insuffi
appeared he had been confined under a warrant cient, and there being evidence of insanity,
in the form given under section 4, and not in the the lunatic should be remanded to allow the
form given in this section for the close of lunatics warrant to be amended.—In re Wikon, 1 A.J.E.,
described in tho last preceding section. Mddi . 100.
No. 1113.] LUNACY ACT ISSO. 2181
Provided also, that if the medical practitioners by whom such person "i*™^
shall be examined certify in writing that he is not in a fit state to be s*a*ute'
removed, the removal of such person shall be suspended until the same
or some other two medical practitioners certify in writing that such person
is fit to be removed, and such medical practitioners are hereby required
to give such last-mentioned certificate as soon as in their judgment it
ought to be given.
Provided also, that nothing herein contained shall be construed to Friendoi lunatic
extend to restrain or prevent any relation or friend from retaining or ^if^6 t*"ase
taking such lunatic under his own care, if such relation or friend shall ie«17 viot
satisfy the justices before whom such lunatic shall be brought or who *•wf t6 8'
shall examine him at his own abode or elsewhere, or the inspector, or an
official visitor, that such lunatic will be properly taken care of.
12. The justices causing any person to be examined by any medical Powerto justices
practitioners under the provisions hereinbefore contained may in case ^"m^t ot a fee
the person so examined shall not have been found within any city town ^"K'S^,
borough or shire grant a certificate in the form in the Tenth Schedule ^^lri to •
j i i * A j / > jr i i .i » 1 J* 1 i examine any
to this Act, tor the payment 01 such reasonable remuneration to such pen™.
•medical practitioners for the examination of such person and all other a- •»*lft
reasonable expenses in or about the examination of such person and the J^,*,,08,
bringing him before such justices, and (in case he be ordered to be con- schedule,
veyed to any such asylum or hospital or licensed house) of conveying
him thereto, as to such justices may seem proper, and the Treasurer of
Victoria is hereby authorized and required to pay the amount mentioned
in such certificate out of any sum which may be voted by Parliament
for the purposes of this Act.
13. No person not found lunatic by inquisition shall be received No person to be
• t 11 ..1 1 i* J I X I ' A I .^ i received into an
into any asylum hospital or house licensed under this Act (save under ylum except
M
the provisions herein contained) without an order under the hand of SSm^tiuiE'SIob
some person according to the form in the Eleventh Schedule to this Act ^two'medS
together with such statement of particulars as is contained in the same certificate!
schedule, nor without the medical certificate according to the formIb- *•u-
and containing the particulars required m the Twelfth Schedule to^^^y^
this Act of each of two medical practitioners who shall not be incm«s.£2*2&.
partnership with or be the father son or brother of or an assistant to §J£SSS£.
the other, and each of whom shall separately from the other have Twelfth
personally examined the person to whom such certificate shall relate Sohedu]e-
not more than seven clear days previously to the reception of such
person into such asylum- hospital or licensed house; and such order as
aforesaid may be signed before or after such medical certificates or
either of them/^
No person found lunatic by inquisition shall be so received save
under the said provisions without an order in the form in the said
Eleventh Schedule signed by the committee appointed for such person, scbedlue.
(a) Before giving a certificate under this section the jury, and the judge , is not required to ask
that any person is a lunatic, it is the duty of the them whether the defendant had reasonable and
medical practitioner to make a sufficient examina probable cause for signing the certificate, though
tion of such person as well as to make inquiries. the want of it is alleged in the statement of
It is for the jury to determine, on the evidence, claim.—Smith v. Ijfta, 7 V.L.R. (L.), 435.
in an action for negligently giving a certificate by A medical practitioner, is not liable for the
means of which the plaintiff has been confined in irregular proceedings of justices upon an incorrect
a lunatic asylum, whether the defendant exercised certificate given by him as to the sanity of
due and proper care and caution in giving a cer a person.—RobtTts v. Hadden^ 4 A.J.R., 167,
tificate; that is the proper question to be put to 181. * * H
2182 LUNACY ACT 1890. [_54 VICT.
"Lunacy and having annexed thereto an oifice copy of the order appointing such
wtut(!' committee, and also such statement of particulars as hereinbefore men
tioned.
Every person who shall receive any person not found lunatic by
inquisition into any asyluni hospital or licensed house save under the ,
provisions herein contained without such order statement and medical
certificates as aforesaid, or who shall receive any person found lunatic
by inquisition without such order of the committee with annexed thereto
such office copy and statement as aforesaid (the proof whereof shall lie
upon the accused person), shall be guilty of a misdemeanor.
Provided nevertheless that any person not found lunatic by in-
Whew special
^isonS™y0be quisition may, under special circumstances preventing the examination
JSrorikon1"" °^ sucn Pci'son kv two medical practitioners as aforesaid, be received
certificate of ono into any asylum hospital or licensed house upon the certificate of
medico] V i* , •, • * -, *iij.Tj."i.i xi A
practitioner.' one medical practitioner alone, provided that the statement accom
panying such order set forth the special circumstances which prevent
the examination of such person by two medical practitioners; but in
every such case two other such certificates shall within three clear
days after the reception of such patient into such asylum hospital or
licensed house be signed by two other persons, each of whom shall be
a medical practitioner not in partnership with or the father son or
brother of or an assistant to the other or the medical practitioner who
signed the certificate on which the patient shall have been received, and
shall within such time and separately from the other of them have
personally examined the person so' received; and any person who
having received any person not found lunatic by inquisition into any
asylum hospital or licensed house as aforesaid upon the certificate
of one medical practitioner alone as aforesaid shall keep or permit such
person to remain in such asylum hospital or licensed house beyond the
said period of three clear days without such further certificates as afore
said (the proof whereof shall lie upon the accused person), shall be
guilty of a misdemeanor.
Orders under the
14. When and after any receiving house has been proclaimed and
f^rcTeption0 ° constituted under the provisions hereinafter contained, all orders under the
housr?06 v nfc' ** prec.c<:iriS section shall be made for the reception of the person named
"TkitLtinaa) a b . ^ l l J P
jtmend. Att licensed house, tor a period not exceeding twenty-eight days, subiect to
an pjirlipr disfhiivirp or to n trniisfer to in asvlniri or othnvTIKPP nf ctre
or tiwitmr-tit AS hnreinaftcr wovided ; and finch orderi shall be in the
ThV h form in the Thirteenth Schedule hereto and all the Tirovisions in the
schedule. i i. , .. ,,li,,i(>. section sh'all irmly to such orders and to the Tnalrinff
r1fr(
and execution thereof as though a receiving house had been mentioned
in such section instead of an asylum hospital or licensed house and the
various forms in the schedides referred to in the said section,shall be
varied accordingly.
15. Every medical practitioner signing any certificate under or for
cate'to specify
o^nioifotwllioh the purposes of the last preceding section but one of this Act shall specify
insEmityhasbeeti therein the facts upon which he shall have formed his opinion that the
formed. . -, -1 . ,.~ , 1 . • , ,. vx,. . , .
"ZtHKKj^ person to whom such certificate relates is a lunatic, distinguishing in
statute- s. 12. gucn certificate facts observed by himself from facts communicated to
c. we. 7tot' liim "by others; and no person shall be received into any asylum hospital
No. 1113.] LUNACY ACT 1890. 2183
or licensed house under any such certificate which purports to be"^^
founded only upon facts communicated by others. tule"
16. No medical practitioner who or whose father brother son or whoshaiuot
other relative or partner or assistant shall sign the order for the recep- tc? c"Uflcates
tion of a patient into an asylum hospital or licensed house shall sign it.». is.
any certificate for the reception of the same patient. JJ^7 ^ot*
No medical practitioner who or whose father brother son or other ib. , s» s. 12.
c
relative or partner or assistant shall be the superintendent of, an officer ^* soviet.
V i m a 1 1 -J. i in J.I *I c 111 s. 24.
in, or a medical officer ol an asylum or hospital, or wholly or partly the
proprietor or the mortgagee or lessee or the superintendent of or an
officer or a regular professional attendant in a licensed house, or who
shall receive a percentage on or otherwise be interested in the payments
to be made by or on account of any patient received into an asylum
hospital or licensed house, shall sign any order or certificate for the
reception of a patient into any asylum hospital or licensed house.
No medical practitioner shall himself or by his servants or agents
receive to board or lodge in any licensed house or take the charge or
care of any person upon or under any medical certificate signed by
himself or his father brother son or other relative or partner or assis
tant.
No medical practitioner having (either before or after the passing
of this Act) signed any certificate for the reception of any person into
a licensed house shall be the regular professional attendant of such
person while under care or charge under such certificate.
If. Every medical practitioner signing any certificate under or Medical
for the purposes of section thirteen of this Act for the reception of- a PJST1?"t0
patient into an asylum hospital or licensed house shall make and sign statement of the
± j. J.- • j_! j-j_i • i i ij>ii i - ii i treatment ol the
a statement m writing ot the previous treatment o1 the patient to whom lunatic previous
such certificate shall relate so far as the same shall be known to such h?to1hTasy?um
practitioner, and such statement shall be delivered to the person&c-
receiving the patient into an asylum hospital or licensed house. J*' *'u'
18! If after the reception of any lunatic into any asylum hospital Orders and
or licensed house it appeal1 that the order or the medical certificate or "J^^tes may
(if there be more than one) both or either of the medical certificates be amended.
upon which he shall have been received is or are in any respect incorrectn' *' i6'
or defective, such order and medical certificate or certificates may be c. 9r7v imct , si8
amended by and on the sole authority of the person or persons signing ffi &?a^:L
1
the same at any time within fourteen days next after the reception of °'
such lunatic.(aJ Provided nevertheless that no such amendment shall
have any force or effect unless the same shall receive the sanction in
writing of and under the hand of the Chief Secretary ; and if any such
order or certificate shall be at any time deemed by the inspector as
hereinafter provided for to be incorrect or defective, and the same shall
not be amended to his satisfaction within fourteen days after the receipt
•by the superintendent of such asylum hospital or licensed house of a
direction in writing from such inspector requiring amendment of the
(a) Where an order was made fortius reception a judge in chambers for the lunatic's discharge, on
of a lunatic, under the Second Schedule, this form the ground that the warrant was insufficient, the
havingbeenadoptedinsteadof thatcontainedinthe judge declined to discharge him, and remanded
Eighth Schedule, which wouldhavobeentheproper the lunatic in order that the warrant should be
one under the circumstances—On motion made to amended.—Ex parte WUscm, 1 A.J.R., 100.