[Act 36 of 1858]????? [14th September, 1858] Repealed by Act 4 of 1912 Passed by the Legislative Council of India. (Received
the assent of the Governor General on the 14th of
September 1858.) An Act
relating to Lunatic Asylums. Whereas it is expedient to
provide for the reception and detention of Lunatics in Asylums established for
that purpose; It is enacted as follows:? The
Executive Government of any Presidency or place, with the sanction of the
Governor General of India in Council, may establish Asylums for the reception
and detention of Lunatics at such places within the limits of the said
Government as may be deemed proper. Any such Executive Government may also, if
it think fit, grant licenses to any private persons for the establishment of
such Asylums within the said limits, and may withdraw such licenses. The
management of every Lunatic Asylum and the care and custody of its inmates
shall be regulated according to such rules as shall from time to time be
sanctioned by the Executive Government. Appointment of visitors. The
Executive Government shall appoint for every Asylum not less than three
visitors, one of whom at least shall be a Medical Officer. The Inspector of
Jails (where such office exists) shall be a visitor ex-officio of all the
Asylums within the circle of his inspection. Two or
more of the visitors, one of whom shall be a Medical Officer, shall, once at
the least in every month, together by visitors inspect every part of the Asylum
or Asylums of which they are visitors, and see and examine, as far as
circumstances will permit, every Lunatic therein, and the order and certificate
for the admission of every Lunatic admitted since the last visitation of the
visitors; and shall enter in a book to be kept for that purpose any remarks which
they may deem proper in regard to the management and condition of the Asylum
and the Lunatics therein. It
shall be the duty of every Darogah or District Police Officer to apprehend and
send to the Magistrate all persons found wandering at large within his District
who are deemed to be Lunatics, and all persons believed to be dangerous by
reason of Lunacy. Certificate and order for reception in Asylum. Whenever any such person as aforesaid is brought before
a Magistrate, the Magistrate, with the assistance of a Medical Officer, shall
examine such person, and if the Medical Officer shall sign a certificate in the
Form A in the Schedule to this Act, and the Magistrate shall be satisfied on
personal examination or other proof that such person is a Lunatic and a proper
person to be detained under care and treatment, he shall make an order for such
Lunatic to be received into the Asylum established for the Division in which
the Magistrate's jurisdiction is situate, or, if such Lunatic is not a native
of the country and the circumstances of the case so require, into a Lunatic
Asylum at the Presidency; and shall send the Lunatic in suitable custody to the
Asylum mentioned in such order. In certain cases, a Lunatic may be committed to the care
of his friend or relative. Provided that, if any
friend or relative of any Lunatic, who is believed to be dangerous, shall
undertake in writing to the satisfaction of the Magistrate that such Lunatic
shall be properly taken care of, and shall be prevented from doing injury to
himself or others, the Magistrate, instead of sending him to an Asylum, may
make him over to the care of such friend or relative. Or sent to a licensed Asylum. Provided also that, if any such friend or relative
shall desire that the Lunatic may be sent to a licensed Asylum instead of the
public Asylum of the Division, and shall engage in writing to the satisfaction
of the Magistrate to pay the expenses which may be incurred for the lodging,
maintenance, medicine, clothing, and care of the Lunatic in such Asylum, the
Magistrate may send the Lunatic to the licensed Asylum mentioned in the
engagement. If it
shall appear to the Magistrate, on the report of a Police Officer or the
information of any other person, that any person within the limits of his
jurisdiction deemed to be a Lunatic is not under proper care and control, or is
cruelly treated or neglected by any relative or other person having the charge
of him, the Magistrate may send for the supposed Lunatic, and summon such
relative, or other person as has or ought to have the charge of him; and if
such, relative or other person be legally bound to maintain the supposed
Lunatic, the Magistrate may make an order for such Lunatic being properly cared
for and treated, and, if such relative or other person shall wilfully neglect
to comply with the said order, may commit him to jail for a period not
exceeding one month. If no person bound to maintain him, Magistrate may make
an order for him reception an Asylum. If
there be no person legally bound to maintain the supposed Lunatic or if the
Magistrate think fit so to do, he may proceed as prescribed in the last
preceding Section, and upon being satisfied in manner aforesaid that the person
deemed to be a Lunatic is a Lunatic and a proper person to be detained under
care and treatment, may make an order for his reception into such Asylum as aforesaid. Darogah to reported neglect. It shall be the duty of every Darogah or District
Police Officer to report to the Magistrate every such case of neglect or cruel
treatment as aforesaid which may come to his knowledge. All
acts which the Magistrate is authorized or required to do by the two last
preceding Sections, may be done in the Presidency Towns and the Stations of the
Straits Settlement by the Commissioner of Police; and all duties which a
Darogah or District Police Officer is authorized or required to perform, may be
performed in any of the said Towns and Stations by an Officer of the Police
Force not below the rank of Inspector. Except
as otherwise hereinbefore provided, no person shall be received into a Lunatic
Asylum in any Presidency Town or in any Station of the Straits Settlement
without an order under the hand of some person in the Form B in the Schedule to
this Act, together with such statement of particulars as is contained in the
said Form B; nor unless such person has been found Lunatic by inquisition or
under an enquiry directed by an order of one of the Courts of Judicature
established by Royal Charter without the medical certificate containing the
particulars in Form A in the Schedule to this Act, of two persons each of whom
shall be a Physician or Surgeon and one of whom shall be a Presidency Surgeon
or a Surgeon in the employment of the Government. When such order is presented,
the visitors or manager of the Asylum, before admitting the Lunatic into the
Asylum, may require the friends of the said Lunatic to engage to pay the
expenses which may be incurred for the lodging, maintenance, clothing,
medicine, and care of the Lunatic, unless it shall appear to the said visitors
that they have not sufficient means of doing so. Clause 1.In
places other than those specified in the last preceding Section, no person
shall be received into a Lunatic Asylum, except as otherwise hereinbefore
provided, without an order of the Civil Court. Clause 2.Application
for order to be made by guardian has been appointed. When any person has
been adjudged to be a Lunatic, and a guardian for such Lunatic has been
appointed by the Court of Wards or the Collector or by the Civil Court, if such
guardian shall desire that the Lunatic be admitted into a Lunatic Asylum, he
shall make application to the Civil Court, and the Judge, with the assistance
of a Medical Officer, shall examine such Lunatic, and if the Medical Officer
shall sign a certificate in the Form A in the Schedule to this Act, and the
Judge shall be satisfied that the Lunatic is a proper person to be detained
under care and treatment in a Lunatic Asylum, he shall make an order for such
person to be received into the Asylum established for the Division in which his
jurisdiction is situate, or, if he think fit, into any licensed Asylum
mentioned in the application. Clause 3.Application
where no guardian has been appointed. If any relative or friend of any
person for whom a guardian has not been appointed by the Court of Wards or the
Collector or by the Civil Court, desires that such person may be admitted into
a Lunatic Asylum, he may make application to the Civil Court, and the Judge, if
he see sufficient reason for so doing, shall enquire into the fact of Lunacy in
the same manner as if an application had been made to the Civil Court under the
provisions of Section III of Act XXXV of 1858 entitled ?An Act to make better
provision for the care of the estates of Lunatics not subject to the
jurisdiction of the Supreme Courts of Judicature?; and if the Lunacy be
established, the Judge may then proceed in the manner prescribed in the second
Clause of this Section. Clause 4.Order
for payment of expenses. Whenever the Judge shall make an order for the
reception of any person into a Lunatic Asylum, he shall, at the same time, make
an order for the payment of the expenses to be incurred for the lodging,
maintenance, clothing, medicine, and care of such person; and such expenses
shall be recovered by the Judge on the application of the visitors or manager
of such Asylum. Proviso. Provided
however that, if it shall appear to the satisfaction of the Judge that the
Lunatic has not sufficient property and that no person legally bound to
maintain the said Lunatic has sufficient means for the payment of such
expenses, he shall certify the same in the order for the reception of the
Lunatic into the Asylum, instead of making such order for the payment of
expenses as aforesaid. It
shall be lawful for three of the visitors of any Asylum, of whom one shall be a
Medical Officer, by writing under their hands, to order the discharge of any
person detained in such Asylum. When such order is given, if the person is
detained under the order of any public Officer, notice of the order of
discharge shall be immediately communicated, to such Officer. When
any relative or friend of a Lunatic detained in any Asylum under the provisions
of Section IV, Section V, or Section VI of this Act, is desirous that such
Lunatic shall be delivered of the Lunatic over to his care and custody, he
shall make application to the Magistrate or Commissioner of Police under whose
order the Lunatic is detained, and the Magistrate or Commissioner of Police, if
he think fit, after communication with the visitors or with one of them being a
Medical Officer, and upon the undertaking in writing of such relative or friend
to the satisfaction of the said Magistrate or Commissioner that such Lunatic shall
be properly taken care of and shall be prevented from doing injury to himself
or others, shall make an order for the discharge of such Lunatic, and such
Lunatic shall thereupon be discharged. The
Inspector of Jails may direct the removal of any Lunatic from any public Asylum
to any other public Asylum within the circle of his inspection, and such order
shall be sufficient authority for the removal of such Lunatic, and also for his
reception into the Asylum to which he is ordered to be removed. If,
after the reception of any Lunatic into any Asylum, it appear that the order or
the medical certificate or certificates upon which he was received is or are
defective or incorrect, the same may at any time afterwards be amended by the
person or persons signing the same with the sanction of two or more of the
visitors of the said Asylum, one of whom shall be a Medical Officer. Every
person received into a Lunatic Asylum under any such by this Act accompanied by
the requisite medical certificate, may be detained therein until he be removed
or discharged as authorized by this Act, and in case of escape may, by virtue
of such order, be re-taken by the manager of such Asylum, or any Officer or
servant belonging thereto, or any other person authorized in that behalf by the
said manager, or any Police Officer, and conveyed to and received and detained
in such Asylum. When
any Lunatic is sent to a licensed Asylum by order of a Magistrate or
Commissioner of Police under Section IV, Section V, or Section VI of this Act,
and when a Lunatic is admitted into such Asylum under Section VII or an order
for the reception of a Lunatic is made under Section VIII, and no engagement
has been taken from the friends, of the Lunatic or order made by the Judge for
the payment of expenses under the said Section VII or Section VIII
respectively, the expense of the lodging, maintenance, clothing, medicine, and
care of such Lunatic shall be paid by the Government to the manager of such
Asylum. The
Magistrate or Commissioner of Police by whom any Lunatic has been sent to a
Lunatic Asylum, if it appear to such Magistrate or Commissioner that such
Lunatic has an estate applicable to his maintenance and more than sufficient to
maintenance his family, or that any person is legally bound to maintain and has
the means of maintaining such Lunatic may apply to the chief Civil Court of
original jurisdiction within the local jurisdiction of which the estate of the
Lunatic may be situate or the person legally bound to maintain him may reside,
and such Court shall enquire into the matter in a summary way, and on being
satisfied that such Lunatic has an estate applicable to his maintenance, or
that any person is legally bound to maintain and has the means of maintaining
such Lunatic, shall make an order for the recovery of the charges of the
lodging, maintenance, clothing, medicine, and care of such Lunatic out of such
estate or from such person. Enforcement. & c. of order. Such order shall be enforced in the same manner and
shall order be of the same force and effect and subject to the same appeal as
any judgment or order made by the said Court in a regular suit in respect of
the property or person therein mentioned. Property in the possession of a Lunatic found wandering. Any personal property which may be in the possession of
a Lunatic found wandering at large may be sold by the Magistrate and the
proceeds thereof (or such part of the same as may be necessary) applied towards
the payment of the charges of the lodging and maintenance of the Lunatic, and
of any other expenses incurred on his behalf. The
liability of any relative or person to maintain any Lunatic shall not be taken
away or affected by any provision contained in this Act. Nothing
contained in this Act shall be taken to interfere with the power of any of the
Courts of Judicature established by Royal Charter over any person found to be
Lunatic by inquisition or under the provisions of Act XXXIV of 1858 entitled
?An Act to regulate proceedings in Lunacy in the Courts of Judicature
established by Royal, Charter,? or with the rights of any Committee of the
person or estate of such Lunatic, or to affect the provisions of Act IV of 1849
entitled ?An Act for the safe custody of Criminal Lunatics.? The
word ?Lunatic,? as used in this Act, shall mean and include every person of
unsound mind, and every person being an idiot ?Magistrate?. The
word ?Magistrate? shall include a person exercising the powers of a Magistrate. SCHEDULE FORM A. Certificate of
Medical Officer.(See Sections IV and VIII). I, the
undersigned, (here enter name and official designation,) hereby certify that I,
on the day of at, personally examined (here enter name and residence of
Lunatic) and that, the said is a Lunatic (or an idiot, or a person of unsound
mind) and a proper person to be taken charge of, and detained under care and
treatment, and that I have formed this opinion on the following grounds,
namely:? 1.
Facts indicating insanity observed by my self
(here state the facts.) 2.
Other facts (if any) indicating insanity
communicated to me by others (here state the information and from whom.) (Signed) FORM B. Order for the reception of a private patient.(See Section VII). I, the
undersigned, hereby request you to receive A.B., a Lunatic, [or an idiot, or a
person of unsound mind] as a patient into your Asylum. Subjoined is a statement
respecting the said A.B. (Signed)
name Occupation
(if any) Place
of abode Degree
of relationship (if any), or other circumstance of connexion with the patient. Dated
this day of one thousand eight hundred and To
Superintendent of the Asylum at [describing the Asylum]. STATEMENT. [If
any of the particulars in this Statement he not known, the fact to be so
stated.] Name
of patient, with Christian name at length. Sex
and age. Married,
single, or widowed. Condition
of life, and previous occupation (if any). The
religious persuasion, as far as known. Previous
place of abode. Whether
first attack. Age
(if known) on first attack. When
and where previously under care and treatment. Duration
of existing attack. Supposed
cause. Whether
subject to Epilepsy. Whether
suicidal. Whether
dangerous to others. Whether
found Lunatic by inquisition or enquiry under order of Court, and date of
Commission or order for inquisition or enquiry. Whether
any member of patient's family has been or is affected with insanity, (Signed)
Name. [Where
the person signing the Statement is not the person who signs the order, the
following particulars concerning the person signing the Statement are to be
added; namely,] Occupation
(if any). Place
of abode. Degree
of relationship (if any), or other circumstances of connexion with the patient.Lunatic Asylums Act,
1858 [Repealed]
PREAMBLE
Section 1. Lunatic Asylums may be established by
Government or may be licensed.
Section 2. Rules for the management of Asylums to be
sanctioned by Government.
Section 4. Wandering and dangerous Lunatics to be sent to
the Magistrate.
Section 5. In case of neglect or cruel treatment of a
Lunatic, Magistrate may order relative, or person bound to maintain him, to
provide for the proper treatment of such Lunatic.
Section 6. Commissioner of Police, & c., to act in
the Presidency Towns and Straits Settlement.
Section 7. Order and certificate for reception into an
Asylum in Presidency Towns and Straits Settlement.
Section 8. In places other than Presidency Town, &
c., no person to be received into Asylum without order of Civil Court.
Section 10. Order of discharge on undertaking of relative
for due treatment of the Lunatic.
Section 11. Inspector of Jails may make order of removal
from one public Asylum to another.
Section 13. Order and certificate to justify detention
and re-capture after escape.
Section 14. In what cases Government to pay for the
maintenance of Lunatic.
Section 15. Civil Court, on application of Magistrate,
may make order for the payment of cost of maintenance out of the Lunatic's
estate, or by person bound to maintain him.
Section 16. Saving of liability of relatives to maintain
Lunatic.
Section 17. Saving of power of Supreme Court, & c.,
and of Act IV of 1849.