Costs of arrest, &c.

Examination

The costs incurred in the arrest of the insane person, for the investigation and for his removal to gaol and his transfer to the asylum, are at the charges of the parties interested or of the municipalities bound to support him. 48 V., c. 34, s. 37.

3219. The Medical Board of the asylum examines the of patient by patient and the above mentioned documents and admits the patient temporarily into the asylum.

Medical

Board.

such exami

Report of Within the fifteen days following such admission, the medical nation to Pro- superintendent forwards to the Provincial Secretary the report vincial Secre- of the Medical Board upon the mental condition of the patient; and on reception of the said report, if it establish that such person is insane, the Lieutenant-Governor shall immediately certain cases. order that such person be detained in the asylum in which he has been placed.

tary.
Order of de-
tention in

Payment of

costs of maintenance.

If, on the contrary, the report of the Medical Board establish that such person so detained is not one who should be confined in a lunatic asylum, the Lieutenant-Governor immediately orders his release. 48 V., c. 34, s. 38.

3220. As soon as the patient has been definitively confined in a lunatic asylum, the house physician or his assistant shall forward, to the secretary-treasurer of the municipality in which such person had his domicile, a notice stating the name of the asylum in which he is so confined and the date of the order of the Lieutenant-Governor or Provincial Secretary under which he has been so definitively confined. 48 V., c. 34, s. 39.

$7.-Insane Patients escaping from an Asylum.

3221. In case any inmate of a lunatic asylum shall escape therefrom, it shall be the duty of every officer of such asylum to apprehend such lunatic, or cause him to be apprehended by any other person and to be brought back to the asylum, within fifteen days after his escape, without any warrant, or, within three months after such escape, under a warrant to that effect, made out in accordance with form I, issued by the house physician or his assistant; and such insane patient shall be again confined in the asylum whence he escaped, for the same reasons and under the same authority as before his flight. 48 V., c. 34, s. 40.

S.-Cost of maintenance of the Insane.

3222. In all cases where an insane person is confined in an asylum, at the cost of the Province and of municipalities, the cost of the maintenance, board and treatment of such insane person in the asylum, is due and shall be paid, one half by the Government and one half by the municipality of the city, town, village, parish or township, within the limits of which is comprised the place or territory in which the insane patient last had his domicile.

Proviso as to If the patient, however, be confined in a public hospital, the

last domicile of such patient shall not, from such fact alone, be patients in considered to be in the municipality in which such hospital is hospitals. situate. 48 V., c. 34, s. 41.

3223. During the first fifteen days of the month of January List to be in each year, the proprietors of each lunatic asylum shall send sent to Proto the Provincial Treasurer a list containing:

vincial Treasurer.

1. The names of the insane persons confined in the said Contents of asylum.

2. Their domicile when admitted into the asylum;

3. The amount payable by each city, town, village, parish or township corporation for their maintenance, board and treatment during the course of the preceding year.

list.

The proprietors are also bound to furnish the Provincial Quarterly Treasurer, along with their quarterly accounts, a statement statement. showing separately the names of the patients at the charge of the Government and of municipalities, the date of their entry into and temporary or final discharge from the asylum, and the number of days during which they have been in the asylum. 48 V., c. 34, s. 42.

3224. On receiving such list, the Provincial Treasurer shall Statement for without delay cause a detailed statement to be prepared for each each munici pality. municipality, showing the sums of money due by it, and forward it to the collector of provincial revenue of the district in which such municipality is situated.

On receipt of such statement, the collector of provincial revenue Duty of collector of pro-above mentioned shall forthwith send to the secretary-treasurer vincial reve-: of the municipality indicated, a duly certified extract there- nue respectfrom, containing the names of the insane persons towards ing account. whose maintenance the municipality is bound to contribute, as well as the amount due by it for such insane persons for the previous year, with a notice requiring him to pay into his hands, on or before the first day of March then next, the amount due by such municipality for such contribution. 48 V., c. 34, s. 43.

3225. Such amount is recoverable by an ordinary suit Recovery of against any municipal corporation bound to support any insane account due... person confined in any one of these asylums under the preceding provisions. 48 V., c. 34, s. 44.

3226. Such suit is brought by the collector of provincial Suit for such revenue for the district, in his own name, against every such purpose. municipality, before any court of competent jurisdiction in the district in which such officer resides. 48 V., c. 34, s. 45.

bursed such

3227. It is lawful for any municipality which has so paid Corporations any sum of money to the Government for such board, lodging, may be reimand treatment and which has also paid the costs of arrest and sums and by inquiry, and the costs of transport of any insane person whom. confined in an asylum, to obtain the repayment of such sums by suit and distress levied, in the usual manner, on the property

Proviso.

Amount paid by corpora tion may be levied and collected as ordinary

taxes.

Medical

Board may allow patients to be

kept temporarily by friends, &c.,

upon certain

conditions.

Undertaking

pose.

of the insane person, or of those who are obliged by law to provide and care for him.

2. Such recourse cannot however be had, if at the time of the patient's entry into the asylum it has been proved that he had no property either by himself or by those who are obliged by law to support him. 48 V., c. 34, s. 46.

3228. The amount, paid by any municipality under the provisions of this section shall be considered as a debt which may be levied under the Municipal Code, and it shall be levied and collected in the same manner as any ordinary tax due by the rate-payers of the municipality. 48 V., c. 34, s. 47.

9.-Miscellaneous.

3229. The Medical Board of an asylum may, if it deem it expedient for the cure of any patient confined in such asylum, allow the relatives, the curator or friend of such patient, upon their written undertaking to take care of such patient, to keep him temporarily with them for a specified period of time, and to bring him back to the asylum if it should become dangerous to leave him any longer under their care.

The undertaking given, which must be signed by the relafor such pur- tives, friend or curator of the patient shall be in the form J. Nothing shall be charged for the patient by the proprietors of the asylum for the time during which such patient is so absent from the asylum. 48 V., c. 34, s. 48.

No charge to be made for patient while absent.

Release of patients.

Persons con

lum may ap

3230. The patient shall be released in the case of a cure certified by two members of the Medical Board, or when the person signing the application for his admission requires in writing, over his signature, that such patient be released, except when the Medical Board declares that the patient is dangerous to society. 48 V., c. 34, s. 49.

3231. Every person placed or detained in a lunatic asylum, fined in asy- his tutor if he be a minor, his curator or any relative or friend ply to judge may, at any time, by summary petition, apply to the judge of for discharge the district in which the establishment is situated for his discharge from the asylum.

therefrom.

Duty of judge on such application.

Provisional administra

tor may be

The judge, after proof and hearing, orders such discharge, if there be occasion therefor, and his decision is final and without appeal. 48 V., c. 34, s. 50.

3232. Upon the application of the relatives, the husband or wife, the judge of the place in which the patient is domiappointed to ciled may, in chambers, appoint a provisional administrator of the property of any person, not interdicted, who is placed in a lunatic asylum.

patients in

asylums.

Formalities of

Such appointment is not made except upon the advice of a appointment. family council, and is not subject to appeal.

Powers of provisional

The provisional administrator has over the person and property of the insane person all the powers, and is, as to

his administration, subject to all the obligations of an ordinary administracurator. 48 V., c. 34, s. 51.

tor.

to represent.

3233. In default of a provisional administrator, the judge, Person may upon petition of the party using the most diligence, shall be appointed commission a notary or other person to represent, at inventories, patients in accounts, and licitations in which they are interested, persons certain cases. who are not interdicted and are confined in an asylum. 48 V.

c. 34, s. 52.

trator cease.

3234. The powers conferred under the two preceding When powers articles cease pleno jure so soon as the person so confined in of adminisan asylum is no longer therein confined, or when a curator is appointed under the provisions of the Civil Code. 48 V., c. 34, s. 53.

summary con

3235. Except when the contrary is prescribed by this section, Provisions all provisions in force respecting summary convictions apply respecting to the proceedings had under it by any justice of the peace, victions judge of the sessions of the peace, district magistrate, or apply. police magistrate. 48 V., c. 34, s. 54.

may be

3236. Every claim that may arise out of the execution of Claims this section by the proprietors of any asylum may, if the parties submitted to thereto consent, be determined by arbitrators appointed in arbitration. conformity with the provisions of the Code of Civil Procedure, Recourse to and in default of consent they may have recourse to the peti- petition of right. tion of right; and such claim, if any, shall be notified to the Claim to be Government before or during the three months following each notified withyear, under the penalty of the forfeiture of the said claim. time.

in certain

In both cases the Government may set-off against such claim Set-off may be all compensation which seems just and lawful. 48 V., c. 34, s. 55. pleaded.

FORMS.

I. PRIVATE PATIENTS.

FORM A.

APPLICATION FOR THE RECEPTION OF A PATIENT.

I, the undersigned,occupation, (if any,) place of abode, degree of relationship (if any) or other circumstances of connection with the patient, hereby request you to receive A. B. (lunatic or an insane person, an idiot or imbecile person) as a patient into your establishment.

(Signature.)

(Name of applicant.)

Information to accompany Application.

Name with surname of patient, at length;

Sex and age;

Married, single or widowed;

Condition of life and previous occupation (if any);
Domicile of patient;

Religious persuasion, so far as known;

Duration of existing attack;

Whether first attack;

Age (if known) on first attack;

Whether subject to epilepsy;

Whether suicidal or dangerous to others;

Place of previous confinement (if any);

Whether found lunatic or interdicted;

Special circumstances (if any) preventing the insertion of

I,

being a physician duly authorized to practise as such, hereby declare that I am not related to A. B., the person named in the accompanying statement and application, within the degrees prohibited by the law respecting lunatic asylums, and certify that I have this day, separately from any other medical practitioner, visited and personally examined the said A. B., and that the said A. B. is a lunatic [or an insane person, or an idiot, or an imbecile person, as the case may be], and a proper person to be confined, and that I have formed this opinion from the following fact (or facts) namely; give the information required by the annex to form C.

day of

[Name and place of abode.]