AN ACT to amend the Law relating to the
Insane.

BE it

Assented to 31st December, 1903.]

Eit enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

PART I.—PRELIMINARY.

1. THIS Act may be cited as the Lunacy Act, 1903, and shall Short title and come into operation on the first day of January, One thousand nine

commencement.

Division

Repeal.

PART III.-PROCEEDINGS BY WHICH

PERSONS OF UNSOUND MIND MAY BE REMOVED TO AND FROM ANOTHER STATE, ss. 21-25.

PART IV.-HABITUAL DRUNKARDS, SS. 26–32.

PART
PART VI.-LICENSED HOUSES, SS. 40-61.

V. HOSPITALS FOR THE INSANE, SS. 33–39.

1. For the reception of the insane, ss. 40-58.

2. For the reception of a single patient, ss. 59-61.

PART VII.-RECEPTION-HOUSES FOR THE TEMPORARY
TREATMENT OF THE INSANE, ss. 62-68.
PART VIII.-HOSPITALS FOR THE CRIMINAL INSANE,
ss. 69-84.

PART

PART

PART

IX.-INSPECTION, TRANSFER, AND DISCHARGE
OF PATIENTS, ss. 85-108.

1. Inspection of patients, ss. 85-95.
2. Transfer of patients, ss. 96-100.
3. Discharge of patients, ss. 101-108.

X.-PROCEEdings FOR DECLARING PERSONS

INSANE OR INCAPABLE AND FOR THE APPOINT

MENT OF COMMITTEES OF THEIR ESTATES, ETC.,
Ss. 109-122.

XI. ADMINISTRATION AND MANAGEMENT OF
THE ESTATES OF INSANE PERSONS AND
PATIENTS, SS. 123-165.

1. General powers and duties of Master, ss. 123–130.
2. Powers and duties of Master in respect to estates
of insane patients, ss. 131-146.

3. Management of the estates of insane persons, ss. 147-165.

PART XII.-COURT VISITOR, S. 166.

PART XIII.-MISCELLANEOUS PROVISIONS, ss. 167-190.

3. THE Lunacy Act of 1871 is hereby repealed.

All persons appointed by virtue of the provisions thereof and holding office at the passing of this Act shall be deemed to have been appointed under this Act.

All rules of Court and regulations made under the authority thereof, and being in force at the passing of this Act, shall be deemed to have been made under the authority of this Act.

4.

4. IN this Act and in the Schedules thereto, the following ternis Interpretation shall, if not inconsistent with the subject-matter or context, have the terms. respective meanings hereby assigned to them (that is to say)—

"Court."-The Supreme Court of Western Australia.

"Incapable person."- Any person who is proved to the satis-
faction of the Court, under this Act, to be incapable
through mental infirmity, arising from disease or age, of
managing his affairs.

"Insane patient" and " patient."-Any person detained at the
commencement of this Act in any establishment in Western
Australia for the reception of the insane, and any person
hereafter received into and detained in any hospital, recep-
tion house, licensed house, or other place respectively
appointed or licensed under the provisions of this Act for
the reception of the insane; and any such person, while
absent from a hospital or licensed house in a specified
place for the benefit of his health, or upon trial, under
the provisions of section ninety-eight, or boarded out under
the provisions of section ninety-nine, and also any person
subject to the provisions of section twenty-three to the
extent therein mentioned.

"Insane person."-Any person who has been found or declared,
whether by inquisition or under this Act, or under any
Act hereby repealed, to be insane or of unsound mind and
incapable of managing himself or his affairs.

"Inspector General."-The Inspector General of the Insane,
and shall include the Deputy Inspector General.

"Judge."-Any Judge of the Supreme Court.

"Justice."-- Justice of the Peace.

"Master."-The Master of the Supreme Court, and shall
include the Deputy Master.

Medical practitioner."-A legally qualified medical prac-
titioner within the meaning of any law relating to the
registration of medical practitioners.

"Minister."-The responsible Minister of the Crown charged
for the time being with the administration of this Act.
"Police officer."-Any constable or officer of police.
“Prison”—Includes police gaol.

"Public hospital."-Such portion of any hospital or infirmary
for the care and treatment of the sick, or of any benevolent
asylum, as is set apart and declared to be for the temporary
reception of the insane.

"Ship"

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Ship."--Any vessel used in navigation not propelled by oars. "Stock" shall comprehend any share or other interest in any company, society, or association established or to be established, and any fund, annuity, or security transferable in books, kept by any company, society, or association established or to be established, or transferable by deed alone, or by deed accompanied by other formalities, and any money payable for the discharge or redemption thereof and any share or interest therein respectively.

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'Superintendent" shall include the deputy superintendent of any hospital for the insane, licensed house, or reception house.

Insane persons in indigent circumstances without sufficient means of support.

Insane persons

PART II.-PROCEEDINGS BY WHICH PERSONS OF UNSOUND MIND

5.

MAY BE PLACED UNDER RESTRAINT.

UPON information on oath before a Justice that a person deemed to be insane

(a.) Is without sufficient means of support; or

(b.) Is wandering at large; or

(c.) Has been discovered under circumstances that denote a purpose of committing some offence against the law;

such Justice may by order under his hand require a police officer to apprehend such person and bring him before two Justices.

Every police officer finding any such person so wandering or wandering at large, under such circumstances as are lastly above mentioned may, without any such order, apprehend him and take him before two Justices.

etc.

Persons deemed to

be insane not taken care of or cruelly treated.

6. ANY police officer who has knowledge that any person deemed to be insane

(a.) Is not under proper care and control; or

(b.) Is cruelly treated or cruelly neglected by any relative or other person having or assuming the care or charge of him,

shall forthwith give information thereof upon oath to a Justice.

The Justice upon such information or upon the information upon oath of any person whomsoever to the like effect shall either himself visit and examine such person and make inquiry into the case, or by an order under his hand direct and authorise a medical practitioner to visit and examine such person and make inquiry and report in writing to such Justice his opinion thereon.

If