This section applies to cases in which any person is discovered and apprehended under circumstances denoting a derangement of mind, and a purpose of committing suicide or some crime for which he would be liable to be indicted.

In any such case a Magistrate shall call to his assistance two medical practitioners to be selected by him, and shall examine such practitioners and any other witnesses on oath.

If on the view and on examination of such person, and on the evidence of such medical practitioners and witnesses, the Magistrate is satisfied that such person is a dangerous lunatic, he may make an order in the Form No. 1.

The order shall direct that the said person shall be conveyed to and placed in some asylum situate within the part or division of New Zealand in which the Magistrate is then sitting, or, if there is no such asylum, then in any asylum in any other part or division which is convenient.

Any constable whom the Magistrate directs shall forthwith convey such person to such asylum.

The Magistrate may commit any person so apprehended to any asylum or other fit place for safe custody pending any such examination, and may from time to time remand him.

Notwithstanding the provisions of this Act, any relative or friend may take such person under his own care and protection, on entering into a sufficient recognisance before a Magistrate for the peaceable behaviour, safe control, and proper treatment of such person.

The medical practitioners on whose evidence the Magistrate makes an order under this section shall fill up and sign a certificate and statement in the Form No. 2, which certificate and statement shall be delivered along with the lunatic and a copy of the order to the Superintendent of the asylum, manager of the hospital, or keeper of the licensed house, or occupier of the house to whose custody the lunatic is committed.

This section applies to any person imprisoned or detained in any prison or reformatory or industrial school, or other place of confinement, under any sentence or conviction or order, or under a charge of any offence, or for not finding bail or surety for good behaviour, or to keep the peace, or to answer a criminal charge.

If any such person appears to be lunatic, a Magistrate shall call to his assistance two medical practitioners, to be selected by him for that purpose, and to inquire with him into the unsoundness of mind of such person.

If on such inquiry it appears that such person is lunatic, and that his further detention in the place in which he then is in custody would be detrimental to himself or others, or that his removal is necessary for his curative treatment, the Magistrate and the medical practitioners shall sign certificates in the Forms Nos. 2 and 3.

The Magistrate shall forthwith forward the said several certificates to the Minister, who on receipt thereof may, by warrant under his hand, direct such person to be removed to some asylum or hospital situate within any part or division of New Zealand in which such Magistrate was sitting at the time of granting the certificate, or if there is no such asylum or hospital within such part or division, then to any such asylum or hospital in any other part or division as the Minister thinks proper.

The Minister, if it appears to him by any means that there is any reasonable ground to think that any person in confinement is lunatic, and that removal to an asylum or hospital is necessary or desirable, may himself appoint two or more medical practitioners to inquire into the state of mind of such person; and if on such inquiry such person is found lunatic, the same shall be certified in writing by such practitioners to the Minister according to the Form No. 4.

The Minister, if he thinks fit, may on receipt of the said certificate direct, by warrant under his hand, that such person shall be removed to such asylum or hospital.

Every person so removed under this Act, or already removed or in custody under any former enactment relating to lunatic prisoners, shall remain under confinement in such asylum or hospital as aforesaid, or in any other asylum or hospital to which he may be removed or has been already removed, or in which he may be in custody by virtue of any like warrant, which the Minister is hereby empowered to issue if he thinks fit, until it is duly certified to the Minister by two or more medical practitioners that such person has become of sound mind, or that he is not dangerous and does not require further restrictive or curative treatment.

Thereupon the Minister, if such person still remains subject to be continued in custody, may issue his warrant to the Superintendent of any such asylum or manager of any such hospital as aforesaid, directing that such person shall be removed back from thence to the prison or other place of confinement whence he was taken, to undergo his sentence, or otherwise to be dealt with according to law, as if no such warrant for his removal to an asylum or hospital had been issued, or, if the period of imprisonment or custody of such person has expired, that he shall be discharged.

Every constable who has knowledge that any person wandering at large is believed to be a dangerous lunatic shall immediately apprehend and take or cause him to be apprehended and taken before a Magistrate.

Any Magistrate or Justice, upon its being made to appear to him by an information on oath that any person wandering at large within the limits of his jurisdiction is believed to be a dangerous lunatic, may, by an order under his hand in the Form No. 5, require any constable to apprehend and bring him before a Magistrate having jurisdiction where such person is found.

Every constable who has knowledge that any person not wandering at large as aforesaid is believed to be a lunatic, and is not under proper 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 on oath to a Magistrate.

If it appears to a Magistrate on such information, or on information on oath, that any person within the limits of his jurisdiction, not wandering at large, is believed 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 Magistrate 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, shall direct and authorise some medical practitioner to visit and examine such person, and make such inquiry, and to report in writing to such Magistrate his opinion thereupon.

If upon such personal visit, examination, and inquiry by such Magistrate as last aforesaid, or upon the report of such medical practitioner, it appears to such Magistrate 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, such Magistrate may, by an order under his hand in the Form No. 6, require any constable to bring such person before a Magistrate having jurisdiction where such person is found.

The Magistrate may commit any person so apprehended to any asylum or hospital, or, if there is none available within a convenient distance, to any place for safe custody, pending any such examination, and may from time to time remand such person.

The Magistrate before whom any such person as aforesaid is brought shall call to his assistance two medical practitioners, and shall examine such person, and make such inquiry relative to such person as he deems necessary.

If upon examination of such person, with or without other proof, such Magistrate is satisfied that such person so brought before him is a lunatic, and was wandering at large, or that he 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 each of such medical practitioners signs a certificate-with respect to such person according to the Form No. 2, the said Magistrate shall, by an order under his hand according to the Form No. 7. direct such person to be received into an asylum or hospital; and any constable whom the said Magistrate may require so to do shall forthwith convey such person to such asylum or hospital.

If there is no asylum or hospital available within a convenient distance of the place at which the adjudicating Magistrate is at the time sitting, he may order that such person shall be detained temporarily in a place of safe custody, to be named by him, until such person can be removed to the asylum or hospital named by him.

A Magistrate, on such information on oath as aforesaid, or on his own knowledge in any of the cases aforesaid, may examine the person believed to be a lunatic, at his own abode or elsewhere, and proceed in all respects as if such person were brought before him as hereinbefore mentioned, and may suspend the execution of any such order for removing any such person as aforesaid to any such asylum or hospital for such period, not exceeding fourteen days, as he thinks fit, and in the meantime give such directions or make such arrangements for the proper care and control of such person as he considers necessary.

If the medical practitioners by whom such person is examined certify in writing that he is not in a fit state to be 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.

Nothing herein shall be construed so as to restrain or prevent any relative or friend from retaining or taking such lunatic under his own care, if such relative or friend satisfies the Magistrate before whom such lunatic is brought, or who examines him at his own abode or elsewhere, or the Inspector of the asylum or hospital in which such lunatic is intended to be placed, or any Official Visitor, that such lunatic will be properly taken care of.

The Magistrate causing any person to be examined by any medical practitioners may, if their certificate is approved by the Inspector-General, grant to them a certificate in the Form No. 8; and the amount named in such last-mentioned certificate shall be paid out of the estate of the said person, but if he has no estate, and no relatives who are legally liable and able to pay such amount, then the Minister of Finance is hereby authorised and required to pay the said amount out of the Consolidated Fund.

Where any person not found lunatic by inquisition is believed to be lunatic, and the case is one not provided for by the foregoing sections of this Act, any relative or friend of such person, or any householder, may give information on oath to a Magistrate.

Thereupon the Magistrate may examine such person either at his abode or elsewhere.

If the Magistrate thinks there is reasonable cause for further examination of the said person, he shall call to his assistance two medical practitioners, who shall examine the said person both separately and jointly.

The Magistrate may also summon as witnesses such persons as seem likely to be able to give evidence touching the lunacy of the said person.

If on such medical examination both medical practitioners are of opinion that the said person is a lunatic, and requires detention in an asylum, hospital, or licensed house, they shall severally sign a certificate in the Form No. 2.

If, after such examinations and certificates given, the Magistrate and two Justices are satisfied that the said certificates and the statements therewith are in due form and properly filled up, and that the said person is lunatic and requires such detention, they may make an order in the Form No. 1, which shall be delivered to the Superintendent of such asylum, manager of such hospital, or keeper of such licensed house, along with such certificates, by the constable who is empowered by the Magistrate to deliver the said person into the custody of such Superintendent, manager, or keeper.

The Magistrate may adjourn the examination of such person from time to time.

Any person not found lunatic by inquisition may, under special circumstances, previously to his examination by two medical practitioners, be received into an asylum, hospital, or licensed house on the order of a Magistrate on the certificate of one medical practitioner, provided that the statement, accompanying the order sets forth such special circumstances; and in every such case certificates by two other medical practitioners shall, after due examination of such person, be signed and delivered to the Superintendent of such asylum, manager of such hospital, or keeper of such house within three clear days of the reception of such person.

No person found lunatic by inquisition shall be received into an asylum, hospital, or licensed house without request in Form No. 9 signed by the committee of the person appointed by order of the Supreme Court, and having annexed thereto an office copy of the order appointing such person committee, and also a statement of particulars of the case.

Any Superintendent of an asylum, manager of a hospital, or keeper of a licensed house, commits a crime—

The burden of the proof of such certificate shall be on the person accused.

Every medical practitioner who signs any certificate under or for the purposes of the foregoing sections shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate relates is a lunatic, distinguishing in such certificate facts observed by himself from facts communicated to him by others, and stating the names and addresses of the persons who have communicated the facts.

No person shall be received into any asylum, hospital, or licensed house under any such certificate which purports to be founded only upon facts communicated by others.

Every certificate signed by a medical practitioner for the purpose of an order for the reception of any lunatic in any asylum, hospital, or licensed house shall bear date of the day when his last examination of the lunatic took place; and no one shall be received into such asylum, hospital, or licensed house under an order more than seven days after the date of the certificate delivered along with the order to the Superintendent of such asylum, or the manager of such hospital, or the keeper of such house.

No medical practitioner who, or whose father, brother, son, or partner, or assistant, applies under this Act for the reception of a patient into an asylum, hospital, or licensed house shall sign any certificate for the reception of the same patient.

No medical practitioner who, or whose father, brother, son, or partner, or assistant, is an officer in or a Medical Officer of an asylum, hospital, or licensed house, or wholly or partly the proprietor, or the mortgagee or lessee, or an officer or a regular professional attendant, in a licensed house, or who receives a percentage on, or otherwise is interested in, the payments to be made by or on account of any lunatic received into an asylum, hospital, or licensed house, shall make any application or sign a certificate for the reception of a lunatic 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 partner, or assistant; and no medical practitioner having 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.

Every medical practitioner who signs a certificate under or for the purposes of this Act for the reception of a lunatic into an asylum, hospital, or licensed house shall make and sign a statement in writing of the previous treatment of the lunatic to whom such certificate relates, so far as the same is known to such practitioner; and such statement shall be delivered to the person receiving the lunatic into an asylum, hospital, or licensed house.

If after the reception of any lunatic into any asylum, hospital, or licensed house it appears that the order or the medical certificate, or (if there are more than one) both or either of the medical certificates, upon which he has been received is in any respect incorrect or defective, such order and medical certificate or certificates may be amended by and on the sole authority of the person or persons signing the same, at any time within twenty-one days next after the reception of such lunatic.

No such amendment shall have any force or effect unless the same receives the sanction in writing of and under the hand of the Minister.

If any such order or certificate is at any time deemed by the Inspector, as hereinafter provided for, to be incorrect or defective, and the same is not amended to his satisfaction within twenty-one days after the receipt by the Superintendent, manager, or keeper of such asylum, hospital, or licensed house of a direction in writing from such Inspector requiring amendment of the same, such Inspector may, if he sees fit, make an order for the patient’s discharge, and he shall be discharged accordingly.

Every person received into an asylum, hospital, or licensed house under any such order as is required by this Act, accompanied by the requisite medical certificate or certificates, statement, and office copy, may be detained therein until he is removed or discharged as authorised by this Act.

In case of escape such person may, by virtue of such order and certificate or certificates, be retaken at any time within fourteen days after his escape by the Superintendent, manager, or keeper of such asylum, hospital, or licensed house, or any officer or servant belonging thereto, or by any constable, or by any other person authorised in that behalf by such Superintendent, manager, or keeper, and conveyed to and received and detained in such asylum, hospital, or licensed house.

It shall be the duty of the Magistrate who. commits any lunatic to an asylum or hospital to inquire into his means, and to make such order for his maintenance and treatment as he thinks best under the circumstances.

Any such order, if not made at the time of commitment, shall be made as soon thereafter as may be, and shall be made to take effect as from the day of the lunatic’s admission into such asylum or hospital.

All moneys payable in respect of the maintenance of any lunatic in any asylum or hospital, to be computed at a rate not exceeding twenty-one shillings per week, shall be deemed to be public moneys due to the Crown by the persons liable to pay the same, and shall be paid to and recoverable in any Court of competent jurisdiction by the Superintendent of such asylum or manager of such hospital, as the case may require, or such other officer as the Minister from time to time approves.

It shall be the duty of the Registrar, Clerk, or other officer of the Court by which any order is made for the payment by any person of any money for the support, maintenance, or expenses of any lunatic committed to an asylum or hospital to send a notice thereof, in such form as may be prescribed, to the Audit Office forthwith upon the making of such order.

All moneys payable in respect of the maintenance of a lunatic in any licensed house or private house under the provisions of this Act shall be paid to and recoverable in any Court of competent jurisdiction by the keeper of the licensed house or occupier of the private house in which such lunatic is or was confined.

An order may be made for the recovery of moneys owing for the past maintenance and treatment of a lunatic in an asylum or hospital, notwithstanding that such lunatic has died or been discharged from such asylum or hospital before the making of such order; and any such order, in case of his death, may be made to include the recovery of the cost of the lunatic’s burial.

Notwithstanding anything to the contrary in “The Destitute Persons Act, 1908,” on the hearing of any complaint for the recovery from any near relative of any sum of money for maintenance of a lunatic, the onus of proving that the person complained of is not a near relative, or that such relative is not of sufficient means, or that the lunatic is of sufficient means, shall lie upon the defendant, who shall be competent and compellable to give evidence touching the matter of such complaint.

Application may be made to a Judge of the Supreme Court for an order of detention by the following persons and in the following cases:—

In person.

By friends in certain eases.

On any such application in writing, stating the grounds on which it is founded, to a Judge of the Supreme Court, such Judge may, after the expiration of twenty-four hours from the service of a notice thereof on such habitual drunkard when he himself is not the applicant, and on hearing the evidence of not less than two medical practitioners and of such other persons as he thinks fit, make an order in writing under his hand for the detention of such habitual drunkard in any asylum or place authorised by this Act for the detention of lunatics, but in a ward or division thereof in which lunatics are not detained, or in any place specially appointed for the purpose by order of the Minister, for curative treatment for a period not exceeding twelve months, which order, till rescinded, shall be a sufficient authority to all persons acting under it.

The Judge may in such order direct the payment by the habitual drunkard or by the applicant, to the Superintendent of the asylum or keeper of such place, of such sum and in such manner as the Judge thinks fit for the maintenance of such habitual drunkard, or that security be given to the Superintendent or keeper for such payment.

Regulations may be made from time to time by the Inspector, with the approbation of the Minister, for enabling the Medical Officer of an asylum or place as last aforesaid to direct any such habitual drunkard to do such work as that Medical Officer considers likely to be beneficial to the health and to assist in the cure of such drunkard; and to record such direction and any breach of it in a book to be kept for that purpose.

The Superintendent of such asylum or keeper of such place, and all persons under his authority, may use such force as is necessary to prevent such drunkard from escaping from such asylum or place.

Any habitual drunkard detained under such order as last aforesaid in such asylum or place as last before mentioned, who refuses to observe any such direction to work as above mentioned, or who attempts to escape or escapes from such asylum or place before he is legally discharged therefrom, is liable to a fine not exceeding fifty pounds, to be recovered in a summary way.

The Medical Officer of such asylum or place may, for probationary purposes, grant to any person detained under an order made by virtue of section forty-one hereof leave of absence in writing under his hand, for a certain period to be. specified therein; and if such person fails to return to the asylum or place where he was detained within such period, he may be apprehended by virtue of an order made by a Magistrate, and redelivered to the Superintendent of such asylum or keeper of such place, to be detained for the remainder of the period mentioned in the order of detention, unless such order has been previously rescinded by a Judge of the Supreme Court on an application made to him for that purpose.

The Minister may, by writing under his hand, order and direct the removal of any habitual drunkard from any asylum or place where he is detained under an order of a Judge of the Supreme Court to any other asylum or place, and in such case he shall be deemed to be detained therein under such order of the Judge aforesaid.

The Governor in Council may from time to time by Proclamation proclaim any house or building provided or deemed suitable for the reception of lunatics and wholly or in part supported out of any money appropriated for the purpose by Parliament, or wholly or in part supported by or at the cost of any local body having authority to apply any of its funds for that purpose, a “lunatic asylum” within the meaning of this Act, and may in like manner declare that any such house or building so proclaimed shall cease to be used as a lunatic asylum.

All places and buildings which have been occupied and used as public lunatic asylums under “The Lunatics Act, 1882,” and are so occupied and used on the coming into operation of this Act, shall be deemed to be duly proclaimed under this Act.

When any asylum, or ward or portion of a hospital intended for the reception of lunatics, is about to be built, enlarged, or altered, the plans thereof shall be submitted to the Inspector, who shall report thereon to the Minister; and no such building, enlargement, or alteration shall be made until such report has been made and the Minister has approved of the plans.

The Governor may from time to time appoint for each asylum supported wholly or partly out of public revenue a Superintendent, and a Medical Officer (who shall be a legally qualified medical practitioner), and also some person to be the Clerk thereof; and from time to time may remove every such Superintendent or Medical Officer, and appoint another person as Superintendent, or another medical practitioner to be Medical Officer, in the place of such Superintendent or Medical Officer respectively; and also from time to time may remove any such Clerk and appoint another person to be Clerk in his place; and every such Superintendent, Medical Officer, and Clerk shall perform such duties as from time to time are prescribed for them respectively by the Governor.

The same person may be appointed Superintendent and Medical Officer, or Superintendent and Clerk.

In case the offices of Superintendent and Medical Officer are held by the same person, the Governor may appoint, either permanently or from time to time, an Assistant Medical Officer to the asylum as deputy to the aforesaid person, to act in his place as Superintendent and Medical Officer of the asylum in case of his illness or temporary absence.

In case the aforesaid offices are held by different persons, such persons as the Minister appoints, or, failing such appointment, the Medical Officer, shall be the Superintendent of the asylum and act in the place of the permanent Superintendent in case of his illness or absence.

Any medical practitioner, with the consent of the Minister, may act in the place of the Medical Officer of an asylum who is ill or absent therefrom if usually resident therein.

The Superintendent of an asylum need not necessarily be a medical practitioner.

The Clerk of each asylum shall, immediately on the admission of any person as a lunatic into such asylum, make and sign an entry with respect to such lunatic in a book to be kept for that purpose, to be called the “Register of Patients,” according to the form and containing the particulars specified in Form No. 15. with the following exceptions:—

Within twenty-four hours after such admission the Clerk shall transmit to the Inspector a notice of such admission, in the Form No. 10, with a copy of the order and statement and certificate or certificates on which such lunatic was received.

After the second and before the end of the seventh day from such admission, the Clerk shall transmit to the Inspector a statement, to be made and signed by the Medical Officer of the asylum not sooner than two clear days after such admission, according to the Form No. 11.

Every Clerk who omits to make such entry, or to transmit such copy, notice, certificate or certificates, and statement as last aforesaid, within the times aforesaid respectively, and every Medical Officer (not being also the Inspector hereinafter mentioned) who omits to make the entry hereinbefore required to be signed by him, or to sign such statement so to be made and signed by him, is liable to a fine not exceeding twenty pounds.

In every asylum the Medical Officer shall, once at least in every week, enter or cause to be entered in a book to be kept for that purpose, to be called the “Medical Journal,” a statement according to the Form No. 12, showing—

The date of such statement;

The number of lunatics of each sex then in such asylum:

The Christian name and surname of every lunatic who is then or has been since the last entry, under restraint or in seclusion therein;

And when and for what period and reasons;

And, in case of restraint, by what means;

The Christian name and surname of every lunatic under medical treatment therein, and for what (if any) bodily disorder;

The condition of the asylum;

Every death, injury, and violence which has happened to or affected any lunatic since the then last preceding entry; and

Such additional information as the Inspector-General from time to time requires.

The said officer shall also enter or cause to be entered in a book, to be called the “Case. Book” (to be kept in such form as the Governor in Council from time to time directs), as soon as may be after the admission of any lunatic,—

The mental state and bodily condition of every lunatic at the time of his admission;

And also the history from time to time of his case whilst he continues in such asylum;

Together with a correct description of the medicine and other remedies prescribed for the treatment of his disorder;

And, in case of death, an exact account of the autopsy (if any) of such lunatic.

Such books shall from time to time be regularly laid before the Inspector to be appointed as hereinafter mentioned, for his inspection and signature.

Every Medical Officer who omits to make or to cause to be made any such entry in the above-mentioned books, or any of them, is liable to a fine not exceeding twenty pounds.

In case of the death of any lunatic in an asylum, a notice and statement, according to the Form No. 13, of the death and apparent cause of the death of such lunatic, and the name of every person present at the death, shall (in addition to any notice respecting such death required by any law for the time being in force relating to the registration of deaths), within twenty-four hours after such death, be drawn up and signed by the Clerk of such asylum, and transmitted to the Inspector and the Coroner whose residence is nearest to the asylum in which the lunatic died.

A copy of such notice and statement, signed as aforesaid, shall also, within the same twenty-four hours, be enclosed in a prepaid envelope and posted, addressed to the relative or one of the relatives named in the statement subjoined to the order for admission of such lunatic, or to the person who applied for such order, or made the last payment on account of such lunatic.

Every Clerk who neglects or omits to draw up or sign such notice or statement within the time aforesaid, or who neglects to post such copies as aforesaid within the time aforesaid, is liable to a fine not exceeding twenty pounds.

The Clerk of every asylum shall, within twenty-four hours after the discharge, removal, escape, or recapture of any lunatic, transmit a written notice of such discharge, removal, escape, or recapture, according to Form No. 14, to the Inspector.

Such Clerk shall, within twenty-four hours after the death, discharge, or removal of any lunatic, make and sign an entry thereof in the said Register of Patients, and also in a book to be kept for that purpose according to the form and containing the particulars in Form No. 16.

Every such Clerk who neglects or omits to make such entry or to transmit such notice as above mentioned within the time aforesaid is liable to a fine not exceeding ten pounds.

Every such Clerk who knowingly and wilfully sets forth in such entry any of the particulars required which are untrue to his knowledge is guilty of a crime.

The Governor in Council may from time to time make orders and regulations requiring the Board or other body or the persons in whose hands is vested the management of any public hospital (herein referred to as “the Board”) receiving pecuniary aid from the public revenue to provide wards for the temporary reception of lunatics, and may also from time to time make orders and regulations providing for the construction of such wards; and the Board is hereby required to conform to and comply with such orders and regulations.

In default of such compliance as last aforesaid by the Board the Governor may order that no further payments shall be made of any moneys voted out of the public revenue in any year in aid of such public hospital, or that such deduction shall be made therefrom as the Governor deems just and reasonable, and the Minister shall cause a copy of every such order to be sent to the Audit Office.

The Governor in Council may from time to time make orders and regulations for the registration, treatment, dietary, and inspection of lunatics in the wards of any such hospital as aforesaid, and for the discharge or transfer or removal of lunatics therefrom.

Any such order may direct that the provisions of sections forty-nine to sixty-four hereof shall, mutatis mutandis, be brought into force and apply to any such hospital.

For every such hospital-ward there shall be some officer who shall be and be called the manager thereof.

In any case where a Magistrate is authorised by this Act to make an order for the reception of a person as a lunatic into an asylum, it shall be competent for him to order that such lunatic shall be received into and detained in a licensed house, the locality of such house being specially mentioned in such order.

Upon payment of such fee as the Governor prescribes, and subject to the provisions hereinafter contained, and to such other provisions and conditions as he thinks fit, the Governor may, by writing under his hand, as nearly as may be in Form No. 17, grant to any person, or to two or more persons jointly, a license for any period not exceeding twelve months to keep a house for the reception of a certain number, to be mentioned in such license, of lunatics of either sex, and from time to time may renew or revoke such license.

Every person who desires to obtain a license to keep a house for the reception of lunatics shall give notice to the Minister, which shall contain the true Christian name and surname, place of abode, and occupation of each of the persons desiring to be licensed, and a true or full description of the estate or interest of each of them in such house, and the true Christian name and surname and occupation of some medical practitioner who is to be the Medical Officer of such house.

Such notice, when given for any house which has not been previously licensed, shall be accompanied by—

All houses, buildings, and lands intended to be included in any license shall be specified, delineated, and described in the plan hereinbefore required.

No such license shall be granted in respect of a house not previously licensed until the said house, and the buildings annexed thereto, have been examined and approved by the Inspector.

Every such house containing more than one hundred lunatics shall have at all times a medical practitioner, who shall not be the licensee or proprietor thereof, who shall be the keeper thereof, and, if the Inspector-General so requires, shall be resident therein; and it shall be lawful for any person to whom a license is granted to remove the keeper named in the notice or any other keeper appointed under the provisions hereof, and to appoint another keeper in his place, upon giving a notice, containing the true Christian name and surname and occupation of the new keeper, to the Minister.

Every such house containing over fifty and not more than one hundred lunatics shall be visited daily by a medical practitioner; and every such house containing fifty or less than fifty lunatics shall be visited three times a week by a medical practitioner.

Any one license to be granted for the reception of lunatics may, in the discretion of the Governor, include two or more houses belonging to one licensed proprietor or to two or more joint licensed proprietors, provided that no one of such houses is separated from the other or others of them otherwise than by land in the occupation of such proprietor or proprietors.

No license shall be of any validity unless the keeper of the house licensed resides therein, or the house is visited by a medical practitioner as and at the times hereinbefore mentioned and provided.

No addition or alteration shall be made to, in, or about any licensed house or the appurtenances thereof, unless previous notice in writing of such proposed addition or alteration, accompanied by a plan of such addition or alteration to be drawn upon the scale aforesaid, and to be accompanied by such description as aforesaid, has been given by the person to whom the license is granted to the Inspector and the Minister, and the consent in writing of the Minister has been previously given.

Every person who wilfully gives an untrue or incorrect notice, plan, statement, or description of any of the things hereinbefore required to be included in any notice, plan, or statement is guilty of a crime.

When any person applies for the renewal of a license, he shall with such application transmit to the Minister a statement signed by him containing the names and number of the lunatics of either sex then detained in the house in respect of which the application is made.

The person so applying and the Minister shall take such precaution as may be necessary for preventing the name of any of such lunatics from becoming publicly known, unless there should be some good reason why the name of any such lunatic should be made public.

Every person who hereafter obtains the renewal of a license without making such statement as last aforesaid is liable to a fine of ten pounds; and every person who makes any such statement untruly is guilty of a crime.

The keeper of every licensed house shall, within one week after the dismissal for misconduct of any nurse or attendant employed in such house, transmit to the Minister, by post, information in writing under his hand of such dismissal and of the cause thereof; and every keeper who neglects to transmit such information within the period aforesaid is liable to a fine not exceeding ten pounds.

If any person to whom a license is granted under this Act becomes, by sickness or for other sufficient reason, incapable of keeping the licensed house, or dies before the expiration of the license, the Minister may, if he thinks fit, by writing indorsed on such license under his hand, transfer the said license, with all the privileges and obligations annexed thereto, for the term then unexpired to such person as the Minister approves.

In the meantime such license shall remain in force and have the same effect as if granted to such person.

In case a license is granted to two or more persons, and before the expiration thereof any of such persons dies leaving the other or others surviving, such license shall remain in force and have the same effect as if granted to such survivor or survivors.

If any licensed house is pulled down, or taken for public purposes under the provisions of any Act, or is rendered unfit for the accommodation of lunatics by fire, earthquake, tempest, or other accident, or if the person keeping such house desires to transfer the lunatics to another house, the Minister may grant to the person whose house is so pulled down, taken, or rendered unfit, or who desires to transfer the lunatics, a license to keep such other house for the reception of lunatics for such time as the Minister thinks fit.

The like notice, accompanied by the like plan, statement, and description, shall be given as to such intended new house as is hereby required when application is first made for a license for any house, and shall be accompanied by a statement in writing of the cause of such change of house; and (except in cases in which the change of house is rendered necessary by fire, tempest, earthquake, or other accident rendering the original house unfit for the accommodation of lunatics) seven clear days’ previous notice of the intended removal shall be sent, by the person to whom the license for keeping the original house was granted, to the person who signed the order for the reception of each lunatic, or the person by whom the last payment on account of such lunatic was made.

It shall not be lawful for any person to receive and detain two or more lunatics in any house, unless such house is an asylum, or a hospital, or a house for the time being duly licensed under this Act; and any person who receives and detains two or more lunatics in any house other than a house for the time being duly licensed as aforesaid, or an asylum or a hospital under this Act, is guilty of a crime.

Every person is guilty of a crime who receives into or detains in a licensed house, or takes care or charge of any person therein as a lunatic, without first having received the like order, statement, and medical certificates in respect of such lunatic as are hereinbefore required on the reception of a lunatic into an asylum or hospital.

In the case of the revocation of a license, notice thereof in writing shall, seven clear days previously thereto, be given to the person whose license is revoked, or to the keeper of the licensed house, or shall be left at the licensed house.

Every keeper of a licensed house who receives any lunatic into the same shall, within two days after the reception of such lunatic, make and sign an entry with respect to such lunatic in a book to be kept for that purpose, to be called the “Book of Admissions,” according to the form and containing the particulars required in the Form No. 15, or such other form and containing such other particulars as the Governor from time to time directs, so far as he is able to ascertain the same, except as to the form of the mental disorder, and except also as to the discharge, removal, or death of the lunatic, the entry as to which latter shall be made and signed by such keeper when the same happens.

Every person who so receives any such lunatic, and does not make the entries last before mentioned within or at the times aforesaid, is liable to a fine not exceeding ten pounds; and every person who knowingly and wilfully in any such entry untruly sets forth any of the particulars is guilty of a crime.

The form of the mental disorder of every lunatic received into any licensed house shall, within seven days after his reception, be entered in the said Book of Admissions by the medical practitioner keeping or visiting such house; and every such medical practitioner who omits to make and sign any such entry within the time aforesaid is liable to a fine, not exceeding ten pounds.

The keeper of every licensed house shall, within twenty-four hours from the day in which any lunatic is received into it, transmit to the Inspector a notice of such admission in the Form No. 10, with a copy of the order and medical certificate or certificates on which such person was received.

After two clear days and before the expiration of seven clear days from such admission the keeper shall transmit to the Inspector a statement, to be made and signed by such keeper not sooner than two clear days after such admission, according to Form No. 11; and every keeper of any such house who neglects to transmit such copy, notice, certificate or certificates, or statement to the Inspector is guilty of a crime.

Every medical practitioner keeping or visiting a licensed house shall, once in every week, enter and sign in a book to be kept at such house for that purpose, to be called the “Medical Visitation Book,” a report, according to the Form No. 12, showing—

Every such medical practitioner who omits to enter or sign such report as aforesaid is liable to a fine of twenty pounds; and every such medical practitioner who in any such report as aforesaid wilfully enters anything untruly is guilty of a crime.

There shall be kept in every licensed house a book, to be called the “Medical Case Book,” in which the medical practitioner keeping or visiting such house shall from time to time make entries of the mental state and bodily condition of each lunatic, together with a correct description of the medicine and other remedies prescribed for the treatment of his disorder, and, in case of death, a correct account of the autopsy (if any) of such lunatic.

The Governor from time to time, by an order under his hand, may direct the form in which such Medical Case Book shall be kept by such medical practitioner; and immediately after a copy of such order has been transmitted to such medical practitioner he shall thereupon keep such Medical Case Book in the form directed by such order.

Such book shall from time to time be regularly laid before the Inspector.

The Minister may, whenever he sees fit, require such medical practitioner to transmit to him a correct copy of the entries in any Medical Case Book kept under the provisions of this Act relating to the case of any lunatic who is or has been confined in any such licensed house.

Every such medical practitioner who neglects to keep the said Medical Case Book, or to keep the same according to the form directed by the Governor, or to transmit a copy of the said entry or entries pursuant to such order or orders as aforesaid, is liable to a fine not exceeding ten pounds.

Whenever a lunatic escapes from a licensed house, the keeper of such house shall, within twenty-four hours next after such escape, transmit a written notice thereof to the Inspector and to the Minister, and such notice shall state the Christian name and surname of the lunatic who has so escaped, and his then state of mind, and also the circumstances connected with such escape.

If such lunatic is brought back to such house, such keeper shall, within twenty-four hours thereafter, transmit a written notice thereof to the Inspector and to the Minister.

Such notice shall state when such person was so brought back, and the circumstances connected with his bringing back, and whether with or without a fresh order and certificate or certificates.

Every keeper who omits to transmit such notice, whether of escape or return, is liable to a fine not exceeding ten pounds.

Where a lunatic is removed or discharged or has escaped from any licensed house, or dies therein, the keeper of such house shall, within twenty-four hours next after such occurrence, make and sign an entry thereof in a book to be kept for that purpose, according to the form and stating the particulars in Form No. 16; and in the case of a death shall, within twenty-four hours after such death, transmit to the Minister, in addition to any notice respecting such death required by the law for the time being in force relating to the registration of deaths, a written notice of the death of such lunatic, and of the cause thereof, and the name or names of every person who was present at the death, according to the form and containing the particulars in the Form No. 13, and, in the case of the removal or discharge or escape of such lunatic, of such removal, discharge, or escape, according to Form No. 14.

In the case of such death the keeper of such house shall also transmit a copy of such notice to the Coroner who resides nearest to the licensed house in which the lunatic died, and also a copy enclosed in a prepaid envelope to the relative or one of the relatives named in the statement subjoined to the order for admission of such lunatic.

Every keeper of any such house who neglects to make and sign such entry, or transmit such notice or notices, as mentioned in the two last preceding sections, or therein sets forth anything untruly, is guilty of a crime.

If after a lapse of one month from the expiration of any license for the use of any house for the reception of lunatics which has not been renewed, or if after the revocation of any such license, there are in any such house two or more lunatics, every person keeping such house or having the care and charge of such lunatics is guilty of a crime.

In any case where a Magistrate is authorised by this Act to make an order for the reception of a person as a lunatic into an asylum, it shall be competent for him, if the medical practitioners signing the certificates certify that it would be safe and convenient that such lunatic should be boarded in a private house in lieu of being sent to an asylum, to examine any householder willing to receive such lunatic into his house, and on being satisfied of the suitability of such householder’s house, grounds, and surroundings, either by inspection or by approval of any plans thereof, and that the said householder is a proper person to receive and take charge of such lunatic, to order that such lunatic shall be received into and detained in the house of such householder, such house being specially described in such order.

If such householder as last mentioned has not entered into any arrangement for payment for the board and lodging and taking care of such lunatic, and the estate of such lunatic is not sufficient to pay for the same, the Magistrate making the order may ascertain what person (if any) is liable under the provisions of “The Destitute Persons Act, 1908,” to pay for the maintenance of such lunatic, and may order such person to pay to such householder the amount for which he is liable under the said Act for or towards the maintenance of such lunatic.

If no arrangement has been made with such householder for paying for the maintenance of such lunatic, or the amount ordered to be paid under the last section is insufficient, or no order can be made thereunder, the Magistrate may order that a weekly allowance shall be paid, out of any moneys provided by Parliament for such purpose, to such householder for or towards the maintenance of such lunatic:

Provided that the whole sum to be paid to such householder shall not exceed the cost of maintenance of similar lunatics in public asylums.

Every person who receives to board or lodge in his house, or takes care or charge of, any person as a lunatic shall, within twenty-four hours after so doing, transmit to the Inspector a notice of such admission in the Form No. 10, together with true and perfect copies of the order, statement, and medical certificate or certificates on which such person was received.

The person so receiving or taking charge of such lunatic shall also, after the second and before the end of the seventh day from such admission, transmit to the Inspector a statement, to be made and signed by the medical practitioner visiting the lunatic not sooner than two clear days after such admission, in the Form No. 11.

Every such lunatic shall, as often as directed by regulations made by the Minister, 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.

Such medical practitioner shall enter and sign in a book to be kept for that purpose, to be called the “Medical Visitation Book” (regulations as to the form of which and the particulars to be entered therein may from time to time be made by the Governor), the date of each of his visits, and a statement of the condition of such lunatic’s health, both mental and bodily, and of the condition of the house in which such lunatic is.

Such book shall be produced to the Inspector or Official Visitor visiting such house on every visit, and shall be signed by him as having been so produced.

The person into whose house the lunatic is received as aforesaid shall transmit to the same persons the same notices and statements of the death, removal, escape, and recapture of such lunatic, and within the same periods, as are hereinbefore required in the case of the death, removal, escape, or recapture of a lunatic from an asylum.

Every person is guilty of a crime who receives into an unlicensed house not being an asylum or a hospital, or takes care or charge of any person therein as a lunatic, without first having received such order, statement, and medical certificates in respect of such lunatic as are hereinbefore required on the reception of a lunatic into an asylum, hospital, or licensed house, or who, having received any such lunatic, does not within the several periods aforesaid transmit to the persons aforesaid such copies, statements, and notices as aforesaid, or fails to cause such lunatic to be so visited by a medical practitioner as aforesaid, or to comply with the regulations made as aforesaid.

Every such medical practitioner who makes an untrue entry in the said Medical Visitation Book is guilty of a crime.

If any occupier or inmate of any house keeps or detains therein any person as a lunatic without any such order as provided by this Act, although one of his family or a relative, beyond the period of three months after his lunacy has become apparent, and where it has been such as to require during any part of such period coercion or restraint, such occupier or inmate or the medical practitioner attending such person shall intimate such detention to the Minister, and shall transmit to the Minister a written certificate, signed by one medical practitioner, of the condition of the person so detained, and shall state therein to the Minister the reasons (if any are alleged) which render it desirable that such person should remain under private care.

If the Minister has reason to believe or suspect that any lunatic, or any person treated as a lunatic, of whose condition no such intimation has been made, is detained or kept or is dwelling in any house, and that the lunacy of such person has endured for any period beyond a year after the same has become apparent, and is such as to have required coercion or restraint, or if such intimation has been made as mentioned in the last preceding section, and the reasons stated appear to the Minister to be insufficient, and he is of opinion that it is necessary that inquiry should be made into the case, he may order such inquiry to be made as he thinks fit.

If on such inquiry it appears that such person is a lunatic, and that there are circumstances rendering the removal of such lunatic to the care of an asylum, hospital, or licensed house necessary or expedient, the Minister may order the removal of such lunatic accordingly; and the order of the Minister under his hand shall be sufficient authority to the Superintendent of the asylum, or the manager of the hospital, or the keeper of the licensed house to which the lunatic is sent, to receive and detain such lunatic accordingly.

Any person who keeps, harbours, or conceals, or aids in keeping, harbouring, or concealing, beyond such period as aforesaid any person as a lunatic without such intimation thereof to the Minister as mentioned in section one hundred and twenty-one hereof, or otherwise than under the authority of this Act, and any medical practitioner attending on such person kept or detained as a lunatic beyond such period, who wilfully neglects to disclose the condition of such person so kept or detained to the Minister, are severally guilty of a crime, and liable to a fine not exceeding two hundred pounds, or to be imprisoned for any period not exceeding three months.

The Minister shall preserve every copy transmitted as aforesaid of the order, statement, and certificate or certificates for the reception of any lunatic into a house, and every statement and notice which may be transmitted with respect to any such lunatic as aforesaid, and shall enter the same in a book to be kept for that purpose to be called the “Private Register,” and such Private Register shall be kept by the Minister in his own custody, and shall be inspected only by such persons as he by writing under his hand directs.

The Governor may from time to time appoint Inspectors or an Inspector of asylums, hospitals, and licensed houses, and also Deputy Inspectors.