CHAP. 36. shall be confirmed by the Court, then if the said C. D., his executors or administrators, do pay all costs and charges which may be legally incurred by the Overseers of the Poor for the said Township, in consequence of such appeal, and also do obey such order so confirmed, this obligation. shall become void. Signed, sealed and delivered J. K. C. D. (seal.) Becuring of lunatics. tenance, &c. TITLE IX. OF LUNATICS. CHAPTER 36. OF LUNATICS AND THE CUSTODY AND ESTATES OF LUNATICS. 1. Any lunatic being at large may be apprehended under warrant from two justices of the peace, and if his legal settlement shall be in any place within the county or district, he shall be secured within the same; and if such settlement shall not be within the county or district, he shall be sent by the justices, by order under their hands, to the place of his last legal settlement, and shall be there secured under a warrant from two justices of the peace for the county or district to which he shall be so removed: Charge of main and the charges of removing, maintaining and curing such person during his restraint, having been first proved on oath before two justices, shall be paid out of the proceeds of the personal property, or the rents of the real estate of such person, if any he have over and above what will maintain his family; and such property or rents may, for that purpose, be seized and sold by the overseers of the poor of the place of such person's last legal settlement, under a warrant from two justices; and if such person has not any property or rents applicable therefor, then such expenses shall be borne by the inhabitants of the county or district within which such person shall have his last legal settlement. Appointment of guardian for lunatics. 2. When the relatives or friends of any insane person, or the overseers of the poor of the township of which he is an inhabitant, shall apply to the Supreme Court or a Judge thereof to have a guardian appointed for him, notice shall be given to such insane person if at large, and if he CHAP 36. be under restraint, to those having charge of him, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed; and if, after a full hearing, it shall appear to the Court or Judge that the person in question is incapable of taking care of himself, such Court or Judge shall appoint a guardian of his person and estate with the powers and duties herein. after specified. Every guardian so appointed shall have the care and custody of the person of the ward and the management of his estate until legally discharged. 3. When a guardian shall be appointed for an insane Payment of person the Court or Judge shall make an allowance to be guardian. paid by the guardian, out of the estate of such insane person, for all reasonable expenses incurred by the ward in opposing the application. out of lunatic's 4. Every guardian of an insane person shall pay all Guardian to pay just debts due from the ward out of his personal estate if estate, debts, &c. sufficient, and, if not, out of his real estate, upon obtaining a license for the sale thereof from the Supreme Court or any Judge thereof. He shall also settle all accounts of the ward, and shall sue for, recover and receive all debts due to him, or may compound for the same and give discharges to the debtors; and he shall appear for, and represent the Guardian to reinsane person in all legal and equitable suits and pro- in all suits. ceedings. present lunatic range lunatic's 5. The guardian shall also manage the estate frugally Guardian to arand without waste; and shall apply the profits thereof, as estate. far as necessary, to such insane person's comfortable and suitable maintenance, and that of his family; and, if such profits be insufficient, the guardian may sell or mortgage the real estate, upon obtaining a license so to do, and shall apply the proceeds, so far as may be necessary, to the maintenance and support of such insane person and his family. 6. On a sale taking place under a license to sell the Sale of lunatic's real estate of an insane person, the guardian shall execute estate. in the name of such insane person the deed thereof, which shall convey such real estate to the purchaser, either absolutely or by way of mortgage, as therein specified, in the same way as if executed by such insane person himself when of sound mind. 7. When any guardian so appointed shall remove from Guardian becom the Province, or become insane, or otherwise incapable of ing incompetent discharging his trust, or shall be evidently unsuitable therefor, the Supreme Court or a Judge thereof, after notice to such guardian if resident in the Province, and to all others interested, may remove him; and every guardian may upon his own request be allowed to resign his trust, CHAP. 36. when it shall appear proper to the Court or a Judge to allow such resignation; and, upon every such resignation or removal, and also upon the death of any guardian, the Court or a Judge may appoint another in his stead. Guardian to give bond. Payment of exhension and re person. 8. Every guardian shall give a bond, with sureties, to Her Majesty with the following conditions: First. To make a true inventory of all the real estate and all the goods, chatteis, rights and credits of the insane person, that shall come to his knowledge, and return the same into the Supreme Court, at such time as the Judge shall order. Secondly. To dispose of and manage all such estate and effects according to law and for the best interests of the insane person, and faithfully to discharge his trust in relation thereto. Thirdly-To render an account on oath of the property in his hands including the proceeds of all real estate sold by him, and of the management and disposition of all such property, within one year after his appointment, and at such other times as the Court or a Judge shall direct; and Fourthly-At the expiration of his trust, to settle his accounts with the Court or a Judge, or with the insane person in case of his restoration to reason, or in case of his death with his legal representatives; and to pay over and deliver all the estate and effects remaining in his hands or due from him on such settlement, to the person lawfully entitled thereto. 9. The reasonable expenses of the apprehension and penses of appre- removal of any insane person, having been verified on oath moval of insane before the Custos or any two justices of the peace, either before or after such removal, and by them allowed, shall upon their order be paid, by the Treasurer of the county or district out of the county or district funds, to the person appointed to apprehend and remove such insane person; and such expenses shall afterwards be levied, by warrant of distress to be signed by two justices of the peace, on any goods or chattels of such insane person, or may be realized out of the real estate of the insane perso n or the rents thereof as provided in this Chapter; and for want of such property shall be a charge against the county or district in which such insane person shall have had his ast legal settlement, as hereinafter provided. Prevention of crime. i 10. The better to prevent crime being committed by nsane persons; if any person shall be discovered and apprehended under circumstances denoting a derangement of mind and a purpose of committing some crime for which, if committed, such person would be liable to be indicted, it shall be lawful for any two justices of the peace of the county or district, before whom such person CHAP. 36. may be brought, to call to their assistance any legally qualified medical practitioner; and if upon order and examination of such person so apprehended, or from other proof, such justices shall be satisfied that such person is insane, or is a dangerous idiot, it shall be lawful for them, by warrant under their hands and seals, to commit such person to the gaol of the county or district, there to be kept in strict custody until such person shall be discharged by the order of two justices of the peace, one of whom shall be one of the justices who shall have signed such warrant, or by a Judge of the Supreme Court, or until such person shall be removed to a proper lunatic asylum, or to the custody of guardians appointed under this Chapter. and expenses 11. Any two justices may inquire into and ascertain, by Examination of the best legal evidence that can be procured under the cir- insane persons cumstances of the personal legal disability of such insane thereof. person or dangerous idiot, the place of the last legal settlement of such person, or of any other person tried and ac quitted on the ground of insanity, or of any person found insane under any provisions of this Chapter; and it shall be lawful for such two justices to make an order, under their hands and seals, upon the overseers of the poor of the township or place where they adjudge him to be legally settled, to pay all reasonable charges of examining such person and conveying him to such county or district gaol, and to pay such weekly sum for his maintenance in such place of custody, as such two justices, or any two justices shall, by writing under their hands, from time to time direct; and, where such place of settlement cannot be ascertained, such order shall be made on the Treasurer of the county or district where such person shall have been in custody or apprehended: Provided always, that nothing herein contained shall be construed to extend to restrain or prevent any relative, guardian or friend from taking such insane person or dangerous idiot under his own care and protection, if he shall enter into a sufficient recognizance for the peaceable behavior or safe custody of such insane person or dangerous idiot, before two justices of the peace, or the court of sessions, or a Judge of the Supreme Court and provided also that the overseers of the poor of the township or place in which the justices shall adjudge any insane person or dangerous idiot to be settled, may appeal against any such order to the next general or special sessions to be held for the county or district where such order shall be made, in like manner and under the like regulations and restrictions as against any order of removal, giving reasonable notice thereof to the Clerk of the Peace of the county or district upon whose rates the bur CHAP. 36. den of maintaining such insane person or dangerous idiot might fall it such order should be invalid; and such Clerk of the Peace shall be respondent in such appeal, which appeal the justices of the peace assembled at such general or special sessions are hereby authorized and empowered to hear and determine, in the same manner as appeals against orders of removal of paupers are now heard and determined. Payment of ex penses incurred poor. 12. All charges herein mentioned that may be incurred by overseers of by any overseers of the poor for any township or place, or by any county or district, under this Chapter, having been first proved on oath before two justices, shall be repaid to such overseers or to the Treasurer of the county or district respectively, as the same may have been incurred, out of the proceeds of the personal property or the rents of the real estate, or, if necessary, the real estate itself of such insane person or dangerous idiot, if any he have over and above what will maintain his family, which may for that purpose be seized and sold by such overseers or County or District Treasurer, under a warrant from two justices; and, for want of such property, such expenses shall be paid by the county or district in which such insane person or dangerous idiot shall have had his last legal settlement; and the same shall be a county or district charge, to be assessed, levied and collected in the same manner as county rates. Qualification of tioner. 13. Any person shall be deemed a legally qualified medical practi- medical practitioner for the purposes of this Chapter who would not be disqualified by law from recovering a fee or reward for his professional services. Title and object of hospital for insane. Management of hospital. Visitors. Bye-laws, HOSPITAL FOR THE INSANE. 14. The title of the above institution shall be the "Nova Scotia Hospital for the Insane;" and its object shall be the most humane and enlightened curative treatment of the insane of this Province. 15. The financial and general management of the Hospital shall be vested in the Commissioner of Public Works and Mines. The following persons shall be ex officio visitors of the Hospital, that is to say, the Lieutenant Governor, the Chief Justice, the Provincial Secretary, the Presi dent of the Legislative Council, the Speaker of the House of Assembly, the Committee of the House of Assembly on Humane Institutions, and the heads or authorized representatives of all the Christian Churches in the Province. The Commissioner of Public Works and Mines shall make all needful bye-laws for the government of the Hospital, not inconsistent with the laws of the Province; but, before such bye-laws shall have effect, they shall be submitted to and approved of by the Governor in Council. |