$4.-Insane Patients whose maintenance is at the charge of the Frovince and of Municipalities. I. THEIR ADMISSION. 3195. The following persons may be admitted to lunatic Who may be asylums at the charge of the Government and of municipalities: admitted as public patients. are poor. 1. Insane persons who have not themselves, or through some Insame who person bound by law to provide and care for them, the means of paying, in whole or in part, the expense of their board, maintenance and treatment in one of such asylums; also poor. 2. Idiots or imbecile persons, when they are dangerous, a Idiots, &c., source of scandal, subject to epileptic fits or afflicted with any monstrous deformity, and are unable wholly or in part to pay their board, maintenance and treatment therein. 48 V., c. 34, s. 14. 3196. The Medical Board of an asylum cannot receive any Formalities of the above mentioned patients if there be not handed to it : required for admission. 1. An application for admission containing the names, pro- Application. fession, age and domicile both of the person making it and of the person whose admission is sought, and a statement of the degree of relationship, or, in default of such, of the nature of the ties existing between them ; The application must be signed by the person making it, or Who must if he be unable to write, it must be attested before the mayor sign it. or, in his absence, before a justice of the peace of the domicile of the patient; 2. A physician's certificate, according to form C and the Physician's annex thereto, testifying as to the mental condition of the certificate. patient, indicating the particulars of his disease, the necessity of his being treated in an insane asylum, and of his being there detained; certificate in In the case of idiocy or imbecility, the physician shall further Further decdeclare whether the patient comes under the category of idiots laration in or imbecile persons, who may be admitted to or detained in an cases of asylum, and shall specially indicate the reasons upon which he idiots, &c. bases his opinion; Such certificate cannot be received if the physician who Relationship signs the same is related or allied, within the third degree inclu- of physician. sively, to the proprietors of the asylum or to the person applying for the admission or to the insane person; exacted in In case of urgency, the Medical Board may dispense with Certificate requiring the physician's certificate, provided such certificate need not be be sent to it within eight days after the patient's confine- certain cases. ment; &c. 3. A certificate, according to form D, signed by the parish Certificate of parish priest, priest, vicar or minister, or a justice of the peace; 4. A certificate, according to form E, signed by the mayor Certificate of or, in his absence, by any councillor of the place of the patient's mayor, &c. domicile. The annex to form C and form D shall be attested and Forms to be acknow ledged. Formalities required on application for admis acknowledged before a justice of the peace, in conformity with the provisions of chapter 141 of the Revised Statutes of Canada, concerning extra-judicial oaths. 48 V., c. 34, s. 18. 3197. In the case of idiots and imbecile persons, more than three months in a public hospital, whose condition has become such that they must be sent to a lunatic asylum, the application for admission shall be made in writing by the proprietor or in hospitals. superintendent of the hospital, and the physician's certificate shall be given by one of the visiting physicians of the establish sion, in cases of idiots, &c., Contents of application. Physician's certificate. Proceedings by Medical Board upon receipt of application, &c. Report to Order to be given by Pro ment. The application for admission shall specify the names, profession, age, and the municipality in which the patient had his last domicile before entering the hospital, and also the date of his entry therein. The physician's certificate shall set forth, in accordance with form C, the mental condition of the patient and give particulars respecting his malady, and show the necessity of his being confined and kept in an asylum. 48 V., c. 34, s. 19. 3198. On the receipt of the application and the certificates. C, D and E, in the case of article 3196, and of the application for admission and of the certificate C, in the case of the preceding article, the Medical Board decides whether the patient should be provisionally admitted, or his admission refused. 48 V., c. 34, s. 20. 3199. The Medical Board through the medical superintendent shall, during the fifteen days next after the admission of the patient, transmit to the Provincial Secretary, with such application and certificates C, or C, D, and E above mentioned, a special report as to the mental condition of the patient and stating whether he should be definitively admitted into the asylum or discharged. 48 V., c. 34, s. 21. 3200. On receipt of such documents, the Provincial Secrevincial Secretary shall address, to the Medical Board of the asylum, such order as he deems expedient, either for the definitive admission or discharge of the patient, which order shall be executed without delay. 48 V., c. 34, s. 22. tary. Power of members of Board to have access to asylums. 3201. For the purposes of this section, the members of the Medical Board shall have access, at all times, to any part of the asylum, in which are confined the persons admitted to and detained in the asylum, and may also, when they deem it necessary, and at suitable hours, take communication of the registers in which the names of the patients are entered, as well as of all the books, registers or documents relating to the patients. 48 V., c. 34, s. 23. Public pa II. PUBLIC PATIENTS' BOOK. 3202. In every such asylum there shall be kept a register called "Public Patients' Book," in which shall be immediately tients' book, entered: 1. The names and surnames, profession, age and domicile of the patients; 2. The date of their entry into the asylum; 3. The names and domiciles of the persons who applied for their admission; 4. The name of the physician who certified as to their condition: 5. The changes that have taken place in such condition; 6. The date of the escape of the patients, if any have escaped, and that of their discharge or death. 48 V., c. 34, s. 15. and its con tents. condition of 3203. The marked changes in the condition of the patients Marked shall also, for the information of the members of the Medical changes in Board, be daily entered in a book kept by the guardian in each patients to be ward of the asylum, with the names of the patients. 48 V., c. daily entered 34, s. 16. in a book. III. ADMISSION OF RELATIVES, &c. 3204. The house physician of an ayslum or his assistant Admission of may, at all times, give written authorization, over his signature, relatives, &c. to admit any relative, friend or physician, or any other person whom the relatives or friends may designate to visit the pa tient. This authorization may be limited or general, and with or Authorizawithout restrictions as to the presence of a keeper during such tion may be visit. 48 V., c. 34, s. 17. limited and conditional. 3205. Every letter written by a patient, detained in any Letters from asylum and addressed to the members of the Executive Council, patients to certain perthe inspectors of asylums, the family of such patient or to sons to be those who obtained his confinement, shall be forwarded, un- forwarded opened, to its address, by the proprietors of the said asylums or their officers. 48 V., c. 34, s. 24. unopened. IV. RELEASE OF PATIENTS. ly released on to 3206. Every person related or allied to or being a friend Patients may of a patient in an asylum or who has procured his confine- be temporariment therein, his tutor or curator, as well as any person there- application unto authorized by a family council, may obtain such patient's by certain release, by addressing to the Provincial Secretary a petition Provincial accompanied by a declaration by which he binds himself to Secretary, take care of the patient, and to report upon his condition to and complythe Medical Board whenever required; such petition shall be tain formaliaccompanied by a report of the Medical Board certifying that ties and conthe patient may be liberated without danger, and the Provin- Report of Mecial Secretary shall give an order in consequence, which shall dical Board to be executed by and at the expense of the person making such action petition. ing with cer ditions. application. If the patient is cured during such absence from the asylum, If patient cured while may order his the Medical Board may order his release; if not cured, he shall absent, Board be returned to the asylum unless the authorization aforesaid be continued; subject always however to the last paragraph of article 3229. 48 V., c. 34, s. 25. release, &c. Proviso. Insane per sons confined under R.S. C. c. 174. not af fected by preceding provisions. In certain cases of death, coroner to hold inquest. Persons in be insane. 3207. The above provisions shall not apply to insane patients who are detained under the provisions of sections 252 to 258 of chapter 174 of the Revised Statutes of Canada, respecting insane prisoners. 48 V., c. 34, s. 26. 3208. If there be reasonable suspicion as to the cause of and circumstances attending the death of any patient in an asylum, the coroner shall summon a jury and hold an inquest. 48 V., c. 34, s. 27. § 5.- Lunatics in Gaols. 3209. Whenever the sheriff of any district has reason to gaol found to believe that any person, confined in gaol for any offence whatsoever, is insane, he shall cause such person to be examined by one of the members of the Medical Board of a lunatic asylum, or by any other physician appointed for that purpose; and if the report of such physician drawn up according to form C establish the insanity of such person, he shall without delay be transferred to the nearest asylum, with a copy of the order or warrant of commitment, under which he is imprisoned. 48 V., c. 34, s. 28. Proceedings when insane persons confined under recover their reason. 3210. On the report of the Medical Board, certifying that an insane person confined, in an asylum, under the authority of the aforesaid chapter 174 of the Revised Statutes of Canada, R. S.C., c. 174, has recovered the use of his reason, the Lieutenant-Governor shall, on the recommendation of the Provincial Secretary, and according to the circumstances, order that such person, so confined, be discharged, or that he be re-conveyed to gaol to stand his trial or to undergo his sentence, as the case may be. The costs incurred for his conveyance from the gaol to the transport, &c. asylum and from the asylum to the gaol form part of the costs of lodging, maintenance and treatment of the patient. 48 V., c. 34, s. 29. Costs of Warrant to arrest insane are danger persons who ous. Contents of warrant. 6.-Dangerous Lunatics. 3211. When information is laid under oath before a justice of the peace, accompanied by the certificate drawn up according to form C, that any person is insane and dangerous, such justice of the peace may issue a warrant, according to form F, to cause such person to be arrested and brought before him or any other justice of the peace for the district. 48 V., c. 34, s. 30. 3212. Such warrant shall state the nature of the information, the fact of its being sworn to, and give the name or any other description of the person against whom it is made. It is addressed to the constables or peace officers of the dis- To whom adtrict or county. 48 V., c. 34, s. 31. dressed. after arrest. 3213. Any justice of the peace, before whom a person so Proceedings arrested is brought, may, by a warrant issued to that effect, according to form G, commit such person to gaol, or to the custody of the officer who arrested him or of any other qualified person, for a period not exceeding two days. evidence. In such case, the justice of the peace shall, by an order, Adjournment of which notice shall be given to the informant, fix the time for hearing of and place at which such person shall be brought before him or before any other justice of the peace, for hearing evidence in relation to his mental condition." Nevertheless, such justice of the peace may proceed forth- Proviso. with to hear the evidence, on giving timely notice to the infor 3214. When the person in custody is brought before the Declaration justice of the peace, the informant shall make a declaration, by informant. under oath, of the facts establishing the insanity of the person so arrested, his domicile, his means of subsistence, and those of his family, and shall, generally, answer all the questions mentioned in the annex to form C. 48 V., c. 34, s. 33. evidence. 3215. In addition to the declaration made by the informant, Additional the justice of the peace shall, with reference to the facts mentioned in the next preceding article, require the evidence of a physician and of one or more credible persons to establish before him, in a satisfactory manner, the facts mentioned in form D. 48 V., c. 34, s. 34. 3216. If, after such examination and the hearing of the Discharge evidence, the justice of the peace be of opinion that such person of person acfrom custody is not insane, and that it would not be dangerous to leave him cused. at large, he shall at once order him to be discharged from custody. 48 V., c. 34, s. 35. necessary. 3217. If, on the contrary, the justice of the peace be of Transfer to opinion that such person is insane and dangerous to be at large, asylum if he shall, by his warrant in accordance with form H, order such person to be transferred to one of the asylums in this Province at the cost of the municipality interested. 48 V., c. 34, s. 36. forwarded to 3218. The justice of the peace shall forthwith forward, to Depositions, the Medical Board of the asylum in which such insane person &c., to be is to be detained, the depositions taken before him, and men- Medical tioned in article 3215, and the vouchers and documents relating Board. to the proceedings had before him. All the documents, so sent, are certified by the justice of the Documents, peace. &c., by whom certified. |