ASYLUMS ORDINANCE, 1906

ASYLUMS ORDINANCE, 1906

No. 6 of 1906.
An Ordinance to Provide for the establishment of asylums
for the detention, custody and care of persons of
unsound mind, and others

[22nd June, 1906.]

1. This Ordinance may be cited as the Asyluins, Ordinance,
1906.

2. In this Ordinance, asylum means any institution or
place which the Governor may declare to be an asylum for
the detention, custody, and care of persons of unsound mind.

3. For the purposes of this Ordinance, every person shall
be deemed to be of unsound mind who is so far deranged in
mind as to render it either necessary or expedient that such
person, either for his own sake or in the public interests,
should be placed and kept under control.
[s. 4, rep. No. 12 of 1912.]

5. The Governor may declare that certain institutions or
places shall be asylums for the detention, custody and care
of persons of unsound mind, and the Governor in Council
may make regulations. for the management and conduct, of
asylums.

6. The Governor may appoint fit and proper persons to
be visitprs- of any such asylums. Such visitors shall be at
liberty to enter any such asylum at all times and make such
inquiry or examination therein as may be deemed necessary
and shall make such reports to the Colonial Secretary as may
be required by order of the Governor.

*As amended by Law Rev. Ord,, 1924.





7. Any medical practitioner, or officer of police or any
private person, having reason to believe that a person is of
unsound mind may on the written order of any magistrate
or justice of the peace cause such person to be conveyed,
using such force as may be necessary, to an asylum.

8. It shall be lawful for any medical practitioner in charge
any asylum to detain under observation for seven days
any person taken to such asylum under the provisions of
section 7 or section 11.

9. If, before the expiration of the said seven days, two
inedical practitioners shall be of opinion that the person
detained under obseivation is in fact a person of unsound
mind, they shall each sign a certificate in Form A in the
Schedule andforward it to a magistrate who shall countersign
it if it shall appear to him that such person is of unsound
mind,

Every such certificate when so countersigned shall
constitute a valid order of such magistrate for the detention
in an asylum of the person narned therein as being of unsound
mind. Thereupon he may be detained in any asylum until
released by order of the Governor or until discharged upon
the authorilty of the medical practitioner in charge of such
asylum, or until he is otherwise released in due course of
law : Provided that the certificate required by this section
shall not be countersigened by such magistrate kinless it is
established to his satisfaction that neither of the medical
practitioners signing sach certificate is the husband or wife
or a near relative, or a partner, or an assistant, of the person
to whom it refers.

10. in the event of two medical practitioners certifying
in Form B in the Schedule that it is necessary to detain a
person in an asylum for purposes of observation for a longer
period than seven days but not exceeding fourteen days in
all, such certificate shall he forwarded to a magistrate and
be countersigned by him if he is satisfied that it-is necessary
that such person be so detained, whereupon he may be
detained for a further period of seven days. If before the
expiration of the said second period of seven days two medical
practitioners shall be of opinion that the person detained
under observation is in fact of unsound mind, the procedure
laid down in section 9 shall be followed. .





11. Any person taken to the Government Civil Hospital
suffering from delirium tremens, or developing delirium
treinens while in such hospital may, if the Superintendent
considers it to be necessary or desirable, be removed to an
asylum and be there detained under the provisions of this
Ordinance relating to detention for observation.

12. Nothing in this Ordinance shall prevent a inedical
practitioner In of an asyhum form delivering any
person detained therein under the provisions of this ordi-
nance to the care of any party or parties to whom in his
opinion it is expedient to deliver such person.

18. Every order of a magistrate made under sections 9,
10 or 16 shall be subject to all appeal by or on behalf of the
person ordered to be detained thereunder to a judge sitting
in court or in chambers.

14. No action shall be brought against any medical practi-

tioner or officer of police or against any person whomsoever
for anything done in good faith and with reasonable cause in

pursuance of the powers conferred by this Ordinance.

15. If any person is ordered by the Supreme Court to be
detained as an insane person during the King's pleasure, or
if any person under imprisonment in any place of confine-
ment shall become of unsound mind, the Governor may by
warrant under his hand direct that such person be removed
to any asylum named in such warrant there to be detained
during the King's pleasure or until the expiration of the
sentence under which such person shall have been impri-
oned. If such person shall become of sound nund before
the expiration of bis sentence, of which the period of his
detention in such asylum shall be reckoned as part, the
Governor shall thereupon by warrant under his hand direct
such person to be removed back to the place of confinement
from which he shall have been taken, or shall give such other
order thereon as to him shall seem proper.

16. If at the expiration of the sentence of any prisoner
detained in an asylum under section 15 he is still of unsound
mind, such prisoner may on the written order of a magistrate
be detained in such asylum until. discharged by order of the
Governor or otherwise released in due course of law.

As amended bY law Rev.. Ord., 1924





SCHEDULE. [s. 9. ]

Form A.

Certificate of medical practitinoers, under section 9.

We, and (medical practitioners) hereby
certify tbataf present detained for observation
under the authority of the Asylums Ordinance, .1906, is in our opinion a
person or unsound mind.

The facts observed by mc indicating that the said is of unsound
mind are as follows :-

(Here state facts.)

(Signed) ..............................
(Medical Practitioner.)

Dated the day of 19

The facts observed by me indicating that the said is of unsound
mind are as, follows

(here state facts.)

(Signed) ..............................
( medical Practitioner.)

Dated the day of 19

Countersigned.


..............
(magistrate.)

Dated the day of' 19

form B

certificate of medical practitioners, under section 10
We, and , (medical practitioners) hereby
certify that it is in our opinion necessary to detain in an asylum fora
further period of days observation now detained
for observation under the authority of the Asylums Ordinance, 1906.
The reasons which in my opinion render it necessary to detain the said
for further observation are as follows

(here state reasons.)
..............................

(signed)
(medical practitoner)




Dated the day of 19
The reasons which in my opinion render it necessary to detain the said
for further observation are as follows
(Here state reasons.)
(Signed) ..............................
(Medical Practitioner.)

Dated the day of 19
Countersigned.
..............

Dated the day of 19

[Originally No. 6 of 1906. Law Rev. Ord., 1924.] Short title. Interpretation Persons of unsoound mind. Establishment and management of asylums. Visitors of asylums. Who may cause person of unsound mind to be detained. Detention for observation. Procedure where person detained found to be of unsound mind before expiration of period of detnetion for observation. Schedule. Form A. Medical certificate counter-signed by magistrate to be a valid order for detention in an asylum. Extension of period of detention for observation. Schedule. Form B. Person suffering from delirium tremens may be detained in asylum for observation. Medical practitioners may deliver persons of unsound mind to persons for custody. Appeal. Limitation of action. Prisoner ordered by Supreme Court to be detained during King's pleasure or becoming of unsound mind while under imprisonment may be removed to asylum. Detention of prisoners after expiration of sentence.

[Originally No. 6 of 1906. Law Rev. Ord., 1924.] Short title. Interpretation Persons of unsoound mind. Establishment and management of asylums. Visitors of asylums. Who may cause person of unsound mind to be detained. Detention for observation. Procedure where person detained found to be of unsound mind before expiration of period of detnetion for observation. Schedule. Form A. Medical certificate counter-signed by magistrate to be a valid order for detention in an asylum. Extension of period of detention for observation. Schedule. Form B. Person suffering from delirium tremens may be detained in asylum for observation. Medical practitioners may deliver persons of unsound mind to persons for custody. Appeal. Limitation of action. Prisoner ordered by Supreme Court to be detained during King's pleasure or becoming of unsound mind while under imprisonment may be removed to asylum. Detention of prisoners after expiration of sentence.

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