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(A) Scale of Fees on Arbitrations under this Chapter. For the arbitrators each per diem, ... ... $4 00 For the witnesses, the same for travel and attendance as
in the civil causes before Justices of the Peace. For the Sheriff, the same fees as for the constable ; and for
the constable, the same fees as in civil causes before Justices of the Peace,
CHAPTER 21. PROVINCIAL LUNATIC ASYLUM AND ITS MANAGEMENT. Section.
Section. 1 Certain lands and premises vested Governor to be laid before Legis
in the Queen and known as "The lature.
Provincial Lunatic Asylum.” 9 Commissioners, officers and ser2 Commissioners for the manage- vants exempt from serving on ment of Asylum.
Juries, or as Parish or County 3 Commissioners inży make regu- Officers. lations.
10 Any one sending insane person to 4 Governor shall annually lay be. Asylum, for curing, to give Bond.
fore Legislature copy of exist. Proceeuings on Bond.
11 Board, &c., of insane person at 5 Commissioners may appoint otfi Asylum a Crown debt.
cers and servants, and furnish 12 Prima facie evidence.
provisions and inaterials. 13 When expenses of insane defray 6 Shall not receive compensation. ed from funds oi Asylum. 7 Shall visit Asylum and report. Form of Bond. 8 Shall present yearly Report to
1. All that tract or parcel of Land and Premises situate in the Parish of Lancaster, in the City and County of Saint John, with the Buildings thereon, now rested in the Queen for the purposes in this Chapter mentioned, shall continue to be known by the name of “The Provincial Lunatic Asylum.”
2. The management of the Asylum shall be in not less than five nor more than nine Commissioners, to be appointed by the Governor in Council, and to be sworn to the faithful discharge of their duty before a Justice; the Commissioners shall meet from time to time at such place in the City and County of Saint John as they may establish, and by a majority of rotes of those present manage all the affairs of the Asylum, any three of whom shall be a quorum for business, and the senior Commissioner present shall be
Chairman of any meeting; the senior Commissioner, or in case of his sickness or absence, any two of the Commissioners, may summon a meeting for the transaction of business, by causing a notice of the time and place thereof to be left at the usual place of abode of each of the Commissioners.
3. The Commissioners may make regulations for the management of the Asylum, and for fixing the conditions of admission and discharge of patients, a copy of which shall be transmitted by them to the Governor, who may in Council confirm, annual or amend any of such regulations.
4. The Gorernor shall annually lay before the Legislature a copy of all regulations then in force.
5. The Commissioners may at any time appoint any officer or servant of the Asylum; they shall furnish provisions, materials, and such other necessaries as inay be required for the same, and enforce all regulations made for the government thereof; but no officer or servant shall be appointed unless at a meeting where at least five Commissioners are present; and they shall keep in a book a fair and full record of all their proceedings, to be open at all times to the inspection of the Governor and Executive Council, and to such persons as may be appointed by either House of the Legislature to examine the same.
6. None of the Commissioners shall receive any compensation for his services, nor shall he hold any office or employ. ment connected with the Asylum from which any emolument can be derived, nor shall he be interested as security or otherwise in any contract for or on account of the Asylum.
7. There shall be a monthly visitation of the Asylum by one or more of the Commissioners, a semi-annual by a majority, and an annual by the whole ; and a report of which in writing shall be transmitted by the Secretary to the Governor.
8. The Commissioners shall before the first of January in every year cause a complete statement of the condition of the Asylum, with a detailed account of all receipts and expenditures on account of the same, to be transmitted in triplicate to the Governor, for his information and that of the Legislature ; which shall be certified by the Commissioners to be corrert, according to the best of their knowledge and belief
9. The Commissioners, Medical and other officers, and servants employed in the Asylum, shall be exempt from serving on Juries, and as Parish or County officers.
10. When any insane person shall be received in the Asylum as a boarder, for cure, the person sending him shall execute a Bond to the Queen, with security satisfactory to any two of the Commissioners, according to the form in the Schedule (A), which Bond may as often as necessary be sued before two Justices and recovered agreeably to the Chapter relating to Summary Convictions, and the money obtained thereon shall be paid to the said Commissioners for the support and care of the insane person.
11. The board, care, medical attendance, and other necessary expense incurred in the care and support of any lunatic or insane person received into the Provincial Lunatic Asylum shall be a Crown debt, and may be sued for and recovered by any and the like remedies that any other debt due the Crown may be sued for and recovered.
12. in any action or proceeding for the recovery of any sum due at any time for the board, care, medical attendance, and other necessary expense of a lunatic or insane person, the certificate of the Medical Superintendent that such sum is due shall be prima facie evidence of the fact.
13. Whenever the real or personal estate of any lunatic or insane person is not more than sufficient to maintain the family of the lunatic, the expense of the lunatic may be defrayed from the funds of the Asylum.
(A) We, A. B. and C. D. are jointly and severally bound to the Queen in
dollars, to be paid to Her Majesty. Sealed and dated, &c.
The condition of this Bond is, that if the above bound A. B. and C.D. shall pay to the Commissioners of the Provincial Lunatic Asylum, for the board, care and medical attendance of an insane person, during the time he may be kept therein, this obligation shall he void, otherwise in force. Sealed and delivered /
A. B. [L. S. in presence of
C. D. L S.)
DANGEROUS LUNATICS. Section.
Section. 1 When a lunatic may be appre- 5 Justices shall transmit to Asylum
hended and lodged in Asylum. with warrant committing lunatic 2 Shall be dealt with as other in a certificate of his means. mates.
6 County may be assessed for ex3 Justices granting warrant may penses hereunder not recovered
draw on County Treasurer for from lunatic.
twenty dollars ; how applied. 7 & Schedule; Forms of Warrants. 4 May by warrant levy a similar 8 Prerogative of Queen and Equity
amount on goods of lunatic, to Court reserved. reimburse the County; proceedings on warrant. 1. Any person so disordered in his senses as to be dangerous when at large, may, on evidence of the fact, be apprehended and conveyed to the Provincial Lunatic Asylum, on a warrant issued by any two Justices of any County, directed to any constable of any County, although the Justices or constable may not reside in the County where the Asylum is. But no person shall be admitted into the said Asylum on the warrant of two Justices, or otherwise, unless the in. sanity of such person within the meaning of this Chapter shall be certified by some duly qualified medical practitioner resident and practising in the Province, nor unless the sum of twenty dollars shall be first paid to the Commissioners of the Asylum, or person in charge of such Asylum, or an order from the Justices granting the warrant for the apprehension and conveyance of any lunatic to the said Asylum upon the County Treasurer, for the sum of twenty dollars, be lodged with the Superintendent or person in charge of such Asylum.
2. The Commissioners of the Asylum, and the person in charge of the same, shall receive and keep such persons and deal with him as with other inmates of the Asylum.
3. The said Justices granting such warrant, are on the granting thereof, hereby authorized to draw an order upon the County Treasurer of the County, in which any lunatic may be apprehended under this Chapter, for the sum of twenty dollars, payable to the Commissioners of said Asylum, in aid of the funds of such Asylum, and the same shall be paid by the County Treasurer of such County out of any moneys belonging to such County; and moneys received under this Chapter shall be forth with paid over to the Receiver General as public moneys.
4. It shall be lawful for such Justices forthwith to issue a warrant under their hands, in substance as in the form men. tioned in this Chapter, to levy such sum of twenty dollars, together with costs of executing such warrant, as provided by this Chapter, upon or out of any goods aŋd chattels belonging to such person apprehended within the County in which such person is apprehended.directed to any constable of such County, who is authorized to execute such warrant, and is required to pay such sum as may be realized to the County Treasurer, after deducting such fees for his services as he is by this Chapter entitled to receive; and on a levy under any such warrant, the constable shall proceed to the sale of the goods and chattels levied upon in the same man: ner as is provided for sale of goods sold under any execution issued under the Chapter of Justices Civil Courts ;' and such constable shall be entitled to the same fees for his services as are provided for the like services under the last mentioned Chapter; and it shall be the duty of such constable, after sale, forth with to return such warrant to the Justices issuing the same, or one of them, with an endorsement thereon of his fees, and in such return specify particularly the items of service, and amount charged for each item of service; and any balance of proceeds of sale of goods remaining after deducting the amounts directed to be levied and paid to reimburse the County Council and costs allowed by this Chapter, shall be forth with paid by the constable executing such warrant to the Commissioners of the Lunatic Asylum, or one of them, for the benefit of the person whose goods and chattels have been sold under such warrant.
5. Whenever any person is sent to the Provincial Lunatic Asylum on the warrant oftwo Justices, they shall also deliver to the constable who shall execute the warrant, a certificate of the means and condition of the lunatic, setting forth, according to the best of their knowledge and belief, whether he has any and what property and means of support, which certificate the constable shall lodge with the Medical Supertendent or other person in charge of the Asylum.
6. Any sum or sums paid under the provisions of this Chapter by any County Treasurer, and not reimbursed by sale of goods and chattels of the person apprehended, may be ordered to be assessed upon the County where the pers