Defence in case of prosecution.

Notice to be sent to the clerk of the visitors.

Preservation of returns.

Books to be

tries made

therein.

original order for the reception of, such patient shall respectively remain in force, in the same manner as the same would have done if such patient had not been so removed or transferred, or had not so escaped and been retaken. C. S. C., c. 73, s. 87.

3272. In every writ, indictment, information, action and other proceeding preferred or brought against any proprietor or superintendent, or against any assistant or servant of any proprietor or superintendent, for taking, confining, detaining or retaking any person as a lunatic, the party complained of may plead in defence such order and certificates, and such order and certificates shall, as respects such person, be a justification for taking, confining, detaining or retaking the lunatic or alleged lunatic. C. S. C. c. 73, s. 89.

§ 16.-Duties of Proprietors.

any

3273. Every person who receives to board or lodge in any house not licensed, or takes the care or charge of insane person, shall, within three months next after receiving such insane person into his house or under his care, transmit to the clerk of the visitors of the district a copy of such medical certificates, sealed and endorsed "Private Return"; and every such person shall also, if the insane person continue in his house or under his care, on the first day of January, of every year, or within seven clear days thereafter, transmit to such clerk a certificate, signed by two physicians, describing the then actual state of mind of such insane person, and endorsed "Private Return."

All such private returns shall be preserved by the said clerk and shall be open to the inspection of the visitors only. C. S. C., c. 73, s. 46.

3274. Every proprietor or superintendent, who receives any kept and en- patient into any licensed house, shall, within two days after the reception of such patient, make an entry with respect to such patient in a book to be kept for that purpose. to be called the Register of Admissions," according to the form and containing the particulars required in schedule D, so far as he can ascertain the same, except as to the form of the mental disorder, and except also as to the discharge or death of the patient, which shall be made when the same happens.

Penalty for omission.

Copy of order to be sent by

proprietor to clerk of visitors.

Every person who so receives any such patient and does. not, within two days thereafter, make such entry, except as aforesaid, shall be liable to a fine not exceeding ten dollars. C. S. C., c. 73, s. 50.

3275. The proprietor or resident superintendent of every licensed house shall, after two clear days, and, before the expiration of seven clear days from the day on which any patient has been received into the house, transmit to the clerk of the visitors within whose jurisdiction the house is situate, a copy of the order

and medical certificates or certificate on which the patient has been received, and also, a notice and statement according to the form in schedule E. C. S. C., c. 73, s. 52.

17.-Duties of Proprietors upon the Death of a Patient.

3276. In case of the death of a patient in a licensed house, Certificate a statement of the cause of the death, with the name of any case of death required in person present at the death, shall be forthwith drawn up and signed by the medical attendant of the house, and a copy thereof, duly certified by the proprietor or superintendent of such house, shall, within forty-eight hours after the death of the patient, be by such proprietor or superintendent transmitted to the nearest coroner, and also to the clerk of the visitors, in whose jurisdiction the house is situate, and also to the person who made the last payment on account of the patient.

Every medical attendant, proprietor or superintendent, who Under neglects or omits to draw up, sign, certify, or transmit such penalty. statement as aforesaid, shall, for every such neglect or omission, be liable to a fine not exceeding two hundred dollars. C. S. C., c. 73, s. 55.

18.-Duties of Proprietors upon the Escape of a Patient.

escape.

3277. When a patient has escaped from a licensed house, the Notice in proprietor or superintendent of such house shall, within two cases of clear days next after the escape, transmit a written notice thereof to the clerk of the visitors within whose jurisdiction such house is situate.

The notice shall state the name and surname of the patient Contents if who so escaped, and his or her then state of mind, and also the notice. circumstances connected with the escape.

If the patient be brought back to such house, the pro- Notice of prietor or resident superintendent shall, within two clear days patient brought after the patient has been brought back, transmit a written back. notice thereof to the clerk of the visitors; and the notice shal! Contents of state when the patient was so brought back, and the circum- notice. stances connected therewith, and whether with or without a fresh order and certificates.

Every proprietor or resident superintendent omitting to Under transmit such notice, whether of escape or of return, shall, penalty. for every omission, incur a fine of forty dollars. C. S. C., c. 73, s.

53.

§ 19.-Duties of Proprietors upon the Discharge of a Patient.

&c., to be

3278. When a patient is discharged or removed from a licensed Discharge, house, or dies therein, the proprietor or superintendent of removal, the house shall, within two clear days next after such discharge, noted in a removal or death, make an entry thereof in a book to be kept book. for that purpose, according to the form, and stating the particulars in schedule F.

Notice thereof.

Duties of

proprietor or superintendent towards the visitors.

What infor

mation to be

laid before

the visitors.

List of patients; Books;

Orders and certificates;

License;

Other

documents.

Visitors sign books.

Information

He shall also within the same two days transmit a written notice thereof, and also of the cause of death, removal or discharge of the patient, if known, to the clerk of the visitors in whose jurisdiction the house is situate according to the form, and containing the particulars in schedule G. C. S. C., c. 73, s. 54.

$20.-Duties of Proprietors respecting Visitors.

3279. The proprietor or superintendent of every licensed house shall show, to the visitors visiting the same, every part thereof and every person detained therein as a lunatic. C. S. C., c. 73, s. 64.

3280. Upon every visit of visitors to any licensed house, there shall be laid before such visitors by the proprietor or superintendent of the house:

1. A list of all the patients then in the house, distinguishing males from females, and specifying such as are deemed curable; 2. The several books by this section required to be kept by the proprietor or superintendent, and by the medical attendant of a licensed house;

3. All orders and certificates relating to patients admitted since the last inspection of the visitors;

4. The license then in force for such house; and

5. All such other orders, certificates, documents and papers relating to any of the patients at any time received into such house, as the visitors from time to time require to be produced to them.

The visitors shall sign the said books as having been so produced. C. S. C., c. 73, s. 67.

3281. A copy of the plan given to the justices of the peace, to be hung up on applying for the license for such house, shall be hung up in some conspicuous part of every licensed house.

in every

licensed

house.

Visitors' book.

Entries

therein.

Patients'
Book.

Entries therein.

Copies of

visitors'

entries to be sent to the clerk,

There shall be kept in every such house a copy of this seetion, printed by the Queen's Printer, bound in a book, to be called the "Visitors' Book."

The visitors shall at the time of their visit enter therein the result of the inspections and inquiries hereinbefore directed or authorized to be inade by them, with such observations as they think proper.

There shall also be kept in every such house a book to be called the "Patients' Book," and the visitors shall, at the time of their visits, enter therein such observations as they think fit respecting the state of mind or body of any patient in such house. C. S. C., c. 73, s. 68.

3282. The proprietor or superintendent of every licensed house shall, within three days after every visit by the visitors, transmit to the clerk of the visitors a true and perfect copy of the entries made by them in the "Visitors' Book," the Patients' Book," and the "Medical Visitors' Book,"

respectively distinguishing the entries in the several books. C. S. C., c. 73, s. 69.

before the

3283. The copy so transmitted to the clerk of the visitors And be by of all such entries, relating to any licensed house, and made him laid since the grant or last renewal of the license thereof, shall be justices of laid before the justices of the peace, on taking into considera- the peace. tion the renewal of the license to the house to which such entries relate. C. S. C., c. 73, s. 70.

3284. Every proprietor or superintendent, who omits to Penalty on transmit to the clerk of the visitors a true and perfect copy of proprietor omitting. every such entry, shall, for every omission, incur a fine not exceeding forty dollars. C. S. C., c. 73, s. 71.

§ 21.-Discharge of Patients.

3285. In case the person who signed the order on which a Order for patient has been received into a licensed house, by writing discharge. under his hand, directs such patient to be removed or discharged, such patient shall forthwith be removed or discharged accordingly. C. S. C., c. 73, s. 73.

order for

ble, what to

3286. If the person who signed the order upon which a If person who patient has been received into a licensed house be incapable by signed the reason of insanity or absence from the Province or otherwise, admission beof giving an order for the discharge or removal of such come incapapatient, or if such person be dead, then, the husband or wife of be done. such patient, or if there be no such husband or wife, the father of such patient, or if there be no father, the mother of such patient, or if there be no mother, then any one of the nearest of kin for the time being of such patient, or the person who made the last payment on account of such patient, may, by writing under his or her hand, give such direction for the discharge or removal of the patient, and thereupon such patient shall be forthwith discharged or removed accordingly. C. S. C., c. 73, s. 74.

3287. No patient shall be discharged or removed from any What to be licensed house under any of the powers herein before contained, done if the physician in if the physician by whom the same is kept, or who is the charge regular medical attendant thereof, by writing under his hand, object. certify that in his opinion such patient is dangerous and unfit to be at large, together with the grounds on which such opinion is founded, unless the visitors of such house, after such certificate has been produced to them, give their consent, in writing, to the discharge or removal of such patient. C. S. C., c. 73, s. 75.

further

3288. If the visitors, after examining the medical attend- If physician ant, discharge a patient, and the medical attendant furnishes in charge them with a statement in writing, containing his reasons object, what against the discharge of such patient, they shall forthwith to be done. transmit such statement to the clerk of the visitors, to be kept and registered in a book for that purpose. C. S. C., c. 73, s. 79.

Transfer to another house.

Nocturnal visits.

Special visits by visitors and when they may order discharge of patients.

To sign the orders, &c.

3289. Nothing herein contained shall prevent any patient from being transferred from one licensed house to another licensed house, but in such case every such patient shall, for the purpose of such removal, be placed under the control of an attendant belonging to the licensed house to or from which he is about to be removed and shall remain under such control until the removal has been duly effected. C. S. C., c. 73, s. 76.

3290. Any two visitors may visit and inspect any licensed house within their jurisdiction at such hour of the night as they think fit. C. S. C., c. 73, s. 72.

3291. Any two or more of the visitors of any licensed house, of whom one shall be a physician, may make special visits to any patient detained in such house, on such days and at such hours as they think fit, and if, after two distinct and separate visits made by the same visitors, it appear to them that the patient is detained without sufficient cause, they may order his discharge, and the patient shall be discharged accordingly. C. S. C., c. 73, s. 77.

3292. Every order by visitors for the discharge of a patient from a licensed house shall be signed by them, and they shall not order the discharge of a patient from any such house without having previously examined the medical attendant of the house, if he present himself for that purpose, as to his attendant if opinion respecting the fitness of the patient to be discharged. C. S. C., c. 73, s. 78.

And examine medical

required.

Time to intervene be

visits and

3293. Not less than seven days shall intervene between tween special the first and second of such special visits, and the visitors shall, seven days previously to the second of such special visits, give notice thereof, either by post, or by an entry in the patients' book, to the proprietor or superintendent of the licensed house in which the patient intended to be visited is detained.

notice to be given.

Copy of

notice to be sent to certain

persons.

What lunatics the visitors

cannot discharge.

Admission of relatives or friends.

Order for.

Such proprietor or superintendent shall forthwith, if possible, transmit by post a copy of such notice to the person by whose authority such patient has been received into such house, or by whom the last payment on account of such patient was made, and also to the clerk of the visitors of the house. C. S. C., c. 73, s. 80.

3294. None of the powers of discharge herein before contained shall extend to any lunatic confined under an order or authority of the Lieutenant-Governor of the Province, or under the order of any court of criminal jurisdiction. C. S. C., c. 73, s. 81.

§ 22-Admission of Relatives to Lunatic Asylums.

3295. Any one of the visitors of a licensed house may, at any time, give an order in writing under his hand for the admission to any patient confined in such house of any relation