Proposed New Acts of the general

Nelson Examiner and New Zealand Chronicle, Volume XXI, Issue 30, 9 April 1862, Page 3

Proposed New Acts of the general

gfescmtilg. THE LUNATICS' ACT, 1862. An Act to amend the Lam relating to Lunatics. Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same as follows : — 1. The short title of this Act shall be " The Lunatics' Act, 1862." 2. This Act shall come into operation in each province of the colony, on and from a day to be fixed by the Governor in Council, whereof notice shall be published in the Government Gazette of tho colony, and also of the province to which it relates. 3. An Ordinance passed by the Legislative Council of New Zealand, Session VII., No. 21, intituled, " An Ordinance to make provision for the safe custody of and prevention of offences by persons dangerously insane, and for the care and maintenance of persons of unsound mind," and an Act passed by the General Assembly, No. 61, 1858, intituled, " The Lunatics' Ordinance Amendment Act, 1858," are respectively hereby repealed. 4. There shall be established and maintained within and at the charge of the respective Provinces of New Zealand, institutions or asylums wherein fit provision shall be made for the reception, safe custody, and management of lunatics. 5. In the interpretation of this Act, the term "Asylum" thall include all buildings, out-buildings, yards, gardens, places of recreation and industrial employment and appurtenances whatsoever, suitable or convenient for such institutions. The term "Lunatics " shall include all idiots and persons of unsound mind. The term " fit provision " shall include the provision of requisite buildings of suitable construction as regards plan and materials in complete repair, properly arranged with a view to the classification of inmates and proper supplies of furniture and articles of all kinds for indoor and outdoor use, with proper clothing, food, and dietary, medicine and medical attendance for the inmates, sufficient officers and servants, and all other things requisite for the health, cleanliness, care, treatment, and cure of the inmates, and the good order and management of the institution. 6. Tf in any province of the colony there shall not be established withtn years from the date of the passing of this Act, such an asylum as is required by this Act, the Governor may, by an Order in Council, direct that such an asylum shall be forthwith built and established within such province with fit provision for the same, according to Buch plan, and generally in such manner as he shall, by such order, or any other Order in Council from time to time to be made in that belmlf direct. And he may, by the same or any other Order in Council, direct all things to be done for making fit provision for such asylum, and for the establishment and maintenance of such asylum. 7. The cost and charges of all things so ordered, shall be defrayed out of the General Revenue of tho colony, as a local charge to be charged against the revenue of the province within, and for which, such asylum shall be established. 8. Two or moro provinces may unite for the purpose of establishing and maintaining a lunatic asylum, for the service of such united provinces, and in such case euch common lunatic asylum shall be deemed to be an asylum for each of tho said provinces under this Act. 9. If, after the establishment of any such asylum, it shall at any time appear to the Governor, upon the report of any visitors or otherwise that in any such asylum, as aforesaid, there is a failure or deficiency in any respect of such fit provision as is required by this Act, or in auy particular thereof, or that such provision is inadequate, the Governor may, by any Order in Council to be from time to time made order and direct that the province or united provinces, as the case may be, to which such asylum shall belong, shall, within a time limited in that behalf, cause such failure and deficiency to be supplied and such other adequate provision to be made in that behalf as shall in any auch Order be specified ; and on failure of compliance with such Order within the time so limited the Governor may, by any Order in Council, direct all things to be done which shall appear to him requisite for supplying such failure and deficiency or making such other adequate provisions as aforesaid, the charge whereof shall be defrayed out of the revenue of the colony and be charged as a local charge against the province or respective provinces on account whereof the same shall be incurred ; and in the case of united provinces, such charges shall be apportioned by the Governor as nearly as may be according to the respective proportions of liability of such united provinces to the common charge of Buch asylum. 10. The Governor may from time to time at his pleasure by warrant under his hand appoint persons to be visitors of all lunatic asylums within the colony op within certain districts thereof, subject to such regulations and instruction? as he shall think fit, and he may from time to time at his pleasure remove such visitors or any of them. 11. Such visitors shall have power to enter into, inspect, and examine, all lunatic asylums within the colony, and to examine into and ascertain the state and condition, conduct and management thereof, and of every part thereof. They may call before them and examine all officers and persons employed in such asylums, and examine them upon oath or otherwise. They may cause to be produced before them all books, papers, and accounts whatsoever relating to such asylum and the management thereof, and generally may proceed in such inspection in such manner a3 they respectively shall think fit. 12. They shall respectively report to the Governor the result of such inspection. 13. If upon inspection of any asylum it shall appear to the visitor or visitos-s that immediate repairs are required to the building, or that there is any other failure or defect of a casual or temporary nature in the provision for such asylum, the visitor or visitors may order the principal officer of such asylum to cause such repairs to be made, and such failure and defect as aforesaid to be supplied, the charges whereof shall be defrayed out of the general revenue of the colony as a local charge to be charged against the province on account whereof such things shall be ordered or done. 14. Every provincial lunatic asylum shall be arranged as nearly as the circumstances will permit, with a view to the reception of inmates, according to the following classification :—: — 1. Persons confined by order of any court having been charged with any criminal offence, and having been acquitted on the ground of insanity. 2. Persons maintained wholly, or in part, at the public charge. 3. Persom s maintained at the charge of their own estnteß or of their friends or relatives. 15. The Governor may, by Order in Council, make regulations for the management of all lunatic asylums, for directing and defining the duties of visitors, for the conduct of officers and persons employed in such asylums, for the care and treatment of inmates thereof, and generally for the health, cleanliness, and good order of such asylums, and all persons therein; and he may by such regulations impose penalties for breaoh thereof, not exceeding pounds for each offence. 16. All such regulations shall be published in the Government Gazette of the colony, and also in the Gazette of the province to which the same shall relate. 17. The Governor in council may delegate the powers vested in him by this Act, or any of them by proclamation under his hand to the Superintendent of any province Bubject to such regulations as may be thought fit. 18. The Superintendent of any province (being empowered in that behalf by an Acfor Ordinance of the Superintendent and Provincial Council of such province duly passed) may purchase or acquire to himself and his successors sites for lunatic asylums under this Aot, which sites shall be conveyed to such Superintendent and his successors upon such trusts, in such manner, and subject to such powers for the purpose of establishing and maintaining a lunatic asylum within the province as shall in such Act or Ordinance be expressed. 19. When the Governor shall direct that a lunatic asylum, or any addition thereto shall be erected or tnade under the powers hereinbefore contained, he may purcbflio, or cause to be purchased* a suiUble site for

such buildings or additions, and may defray the rost of such purchase, and of such buildings or additions out of the general revenue of the colony, and .such coi>t shall be charged as a local charge against the revenue of the province on account whereof the same shall be incurred, and every site so purchased shall be conveyed to the Superintendent of the province and his successors, upon such trusts, in such manner, and subject to such powers as in any order in council relating thereto may be expressed. 20. The Superintendent of every province shall transmit to the Governor the plan of every asylum establislmd under this Act by him, or under his directions, with full particulars thereof. 21. When a lunatic* asylum shall have been established to the satisfaction of the Governor within any province, in accordance with the provisions of this Act, the Governor shall, by notice in the Government Gazette of the colony, declare the same to be, and the same shall henceforth be, the provincial lunatic asylum for such province, for the reception, care, and treatment of lunatics within such province. 221 In the meantime, and until a lunatic asylum shall have been proclaimed as aforesaid in and for any such province, the Governor may, by order in Council, from time to time make provision as he may think fit for the care, custody, and maintenance of lunatics within such province, and may appoint such places as to him shall seem fit, for the reception, care, and custody of lunatics within such province, and may cause proper buildings, to be taken and rented, or to be otherwise appropriated for the purpose, and may make such order, as to him shall seem fit for the maintenance, clothing, medical treatment, and attendance of such lunatics, and for all things which may appear to him material for the safety, health, and comfort of such lunatics, and may defray the charges thereof out of the general revenue of the colony, to be charged as a local charge against the province, within or on account whereof such charges shall be incurred. 23. Every place appointed by the Governor for the reception of lunatics under this Act, shall bo deemed to bo a lunatic asylum under this Act. 24. If at any time it shall be made to appear, upon the oath of two credible witnesses, and upon the certificate of at least one properly qualified medical practitioner, to any Justice of the Peace that any person is lunatic, and that, if suffered to be at large, he or she is likely to do bodily harm to himself or herself or to any other person or persons, or that he or she is a reasonable cause of terror to other persons, such Justice may issue a warrant, directed to some person or persons specially named therein, directing that such lunatic shall be taken to some place or asylum appointed in accordance with this Act, there to be kept subject to such further order as shall be made in that behalf. 25. Every person detained in a lunatic asylum shall have the liberty of seeing his or her friends and legal advisers at all reasonable times, subject to such restrictions as may be contained in any rules or orders on the subject ; and nothing herein contained shall prevent any relative or friend of any lunatic, not confined by order of any Court, from taking such lunatic under 1113 own care and protection, upon his or her entering into such sureties as may be deemed sufficient by any Justices of the Peace, that such lunatic shall receive proper treatment while in his or her custody, and shull keep the peace towards himself and all her Majesty's subjects. 26. If any person charged before any Court with any felony or misdemeanour, 6hall be acquitted thereof on the ground of insanity, the Court may order such person to be confined in some provincial lunatic asylum until he or she shall become of sound mind, or for such other term as the Court shall think fit, and the Court may make such further order in the premises as to it shall seem fit. 27. Such Court may order the expenses of removing such insane person to the asylum to be paid out of the revenue of the colony, and the same shall be paid accordingly by tho Colonial Treasurer, and shall be charged locally against' the province within which such Court shall be held. 28. If any person while imprisoned in any gaol or place of confinement shall appear to be insane, any Visiting Justice of such gaol or place of confinement, or in default of any such Visiting Justice, any other Justice of the Peace may order such person to be removed to some lunatic asylum therein, to be safely detained and kept until further order shall be duly made in that behalf. 29. Every person so removed as aforesaid shall remain u'lder confinement in such asylum, until it shall be certified, under the hands of two such medical practitioners as aforesaid, that such person has beeomo of sound mind, whereupon it shall be lawful for the Governor, if such person shall remain subject to remain in custody, to issue his warrant to the keeper of such asylum, directing that such person be remitted to such gaol or place of confinement, or if the period of imprisonment of such person shall have expired, or it" such person shall not be under any sentence of imprisonment, that such person shall be discharged. 30. If it shall appear to any two Justices of the Peace, upon the oath of two credible witnesses, and upon the certificate of at least one medical practitioner, that any poor or destitute person is lunatic, such two Justices of the Peace may, either with or without application for that purpose, order such peraon to be removed to and detained m some lunatic asylum under this Act ; and every such order may be directed to, and shall be put in force by, any constable or police ofiicer to whom it 7nay be -directed. 31. If it shall be made to appear to any two Justices of the Peace, upon the oath of two credible witnesses, and upon the certificate of at least one medical practitioner, that any person having means and ability to maintain himself or herself, or whose friends or relatives shall be willing to maintain him or her, is lunatic, such Justices may, upon the application of the friends or relatives of such person, or without such application, if it shall appear to the Justices expedient for the health, safety, and comfort of the lunatic, order such person to be removed to and detained in some lunatic asylum under this Act. 32. The charges of maintaining lunatics in any lunatic asylum under this Act shall, in the first instance be defrayed out of the general revenue of the colony as a local.charge against the province to which such asylum shall belong. 33. Subject to such regulations as may be made in that behalf, the keeper of every lunatic asylum may agree with the friends and relaliveß of any person detained in Buch asylum for payment by such friends and relatives of a fixed <sum, periodically or otherwise, towards the cost of maintaining such lunatic. 34. Subject, and without prejudice to such agreement, the cost of maintaining every lunatic in an asylum under this Act, shall be defrayed out of the estate of such lunatic. 35. The Supreme Court shall have all such powers as regards the persons and estates, as well real as personal, of lunatics confined in any lunatic asylum under this Act as the Court of Chancery in England has in regard to the persons and estates of persons found luuatic under a commission de lunatico inqidrendo. 36. The Supreme Court may order payment to be made out of tho estate of any lunatic confined in any asylum under this Act of the cost of maintaining such person in such asylum, in accordance with the provisions of this Act. 37. The Supreme Court may appoint committees, receivers, and other persons for carrying into execution the provisions of this Act. 38. If any person not resident in the colony shall have been duly found and declared to be a lunatic, according to the law of the place where he or she may be domiciled, the Supreme Court shall have the same power over the estate, as well real as personal, of such person within the colony as such Court would or might have, and may make such order in relation thereto, as it wou'd or might have made, if such person had been duly found lunatic under a commission de lunatico inquirendo within the colony. 39. In every such last-mentioned case the Supreme Court shall take judicial notice of all proceedings whatever, which shall appear to the Court to have been duly had, and taken in relation to such lunatic by any Court or Courts whatever, having competent jurisdiction without requiring proof thereof. 40. No action shall be brought against any person or persons, on account of any act, matter, or thing done, or to be done, or commanded by such person or persons, in carrying the provisions of this Act into offoot, unless ttuch action bo commenced, within thret

calendar months after the cause of action or complaint shall have arisen ; and in every such action tin 1 general issue may bo pleaded, and the special matter given in evidence. 41. Every person holding a degree or diploma, or license, in medicine or surgery, from any university or college, or other corporate body, duly authorized to grant the same in Great Britain or Ireland, or who is a member of the Company of Apothecaries ol London or Dublin, or who is or has* been medical ofiicer in her Majesty's land or sea service, t.hall be deemed a legally qualified medical practitioner for the purposes of this Act.