No idiot, paralytic or infect shall forthwith deliver the same to the sheriff. 38 V., c. 22, s. 11; C. S. M., c. 58. s. 11. 12. Idiots and paralytics shall not be admitted into the ed person ad- asylum, nor shall any person suffering from an infectious disease be admitted as a patient to the asylum. 48 V., c. 41, s. 9. mitted to asylum. Enquiries respecting insane persons prison. 13. Any justice or justices of the peace upon request of the sheriff of the district to the common gaol of which such any committed to insane person has been committed, or of the superintendent of the asylum for the insane as soon as convenient shall cause to be made such of the inquiries directed to be made by the eighth and ninth sections of this Act, as have not been previously fully made; and he or they shall cause the necessary witnesses to be summoned; but should the said justice or justices find that the expense of making such inquiries will be too great, then the inquiries aforesaid need not be made. 38 V., c. 22, s. 12; C. S. M. c. 58, s. 12. Justices to have powers under sum tions Act. 14. Any justice or justices of the peace, acting in respect of any inquiry herein directed to be made, shall have the like mary convic- authority for compelling the attendance of witnesses as a justice or justices would have in any other cases properly before him or them according to the law, in force respecting summary convictions, and may give directions to any constable or peace officer accordingly; and every such constable or peace officer is hereby required to obey the same in like manner; and all the provisions in respect of procedure in the case of summary trials and convictions shall, as nearly as may be, apply to proceedings under this Act, unless where different provisions are herein made. 38 V., c. 22, s. 13; C. S. M. c. 58, s. 13. Justice's certificate as to 15. At the time of commitment of any insane person, the maintenance. magistrate shall certify in the commitment the municipality to which the maintenance of said person in the asylum, should be charged. (Forms J and K) 48 V., c. 41, s. 25. Confinement 16. Every person committed as an insane and dangerous of insane persons in prison. person under this Act, shall remain in confinement in the gaol mentioned in the warrant, until he is thence removed to some asylum or other place of safe keeping by direction of the Lieutenant-Governor, or until an order for his discharge is made by the Lieutenant-Governor, or until he is discharged under the provisions of the following sections; and upon the committal of every such person to a gaol the sheriff shall within twenty-four hours transmit all papers affecting the case to the Attorney-General. 38 V., c. 22, s. 14; C. S. M., c. 58, s. 14. Certificates by judge or physi 17. Any judge of the court of Queen's Bench or county court cian as to per- may, on application in that behalf, certify (form D) that he has and discharge. personally examined such prisoner, and that he is satisfied that sons not insane such person is not insane, or that such person, though insane, is not dangerous to be at large, and is not, in the opinion of such judge, a proper person to be confined in an asylum for the insane; or two legally qualified medical practitioners, of whom the gaol surgeon shall be one, and each of whom shall, separately from the other, have personally examined such person, may also certify in like manner (form E); then, in either of such cases, such person shall be forthwith discharged by the keeper of the gaol in which such person is confined, and for his so doing such certificate shall be a sufficient authority. 38.V., c. 22, s. 15; C. S. M., c. 58, s. 15. judge or physi and order for asylum. 18. But if the said examining judge or such medical prac- Certificate by titioners shall, on such application, duly certify (forms F and cian when perG) that he or they has or have personally examined such son is insane person as aforesaid, and that he is insane, and a proper person removal to to be confined in an asylum for the insane, the LieutenantGovernor, upon the receipt of such certificate, or upon examinations and inquiries made as provided in sections four, five, six, seven, eight, nine, ten, eleven and twelve of this Act, may, by warrant, in his discretion through the provincial secretary, direct that such person be removed to an asylum for the insane or other place of safe custody, as may by the Lieutenant-Governor be deemed fit. 38 V. c. 22, s. 16; C. S. M., c. 58, s. 16. EXAMINATIONS WITHOUT COMMITMENT TO PRISON. judge, magi 19. Any judge of the county court, police magistrate or two Enquiries by justices of the peace may, on an information on oath that a strate or person in any municipality or district in which he has juris-justices. diction is insane and dangerous to be at large, or offensive to public decency, or is a person so affected as to require treatment in an asylum for the insane, proceed at once to enquire into the truth of such information, and summon such witnesses as he or they shall think necessary, and shall appoint two legally qualified medical practitioners to examine the person said to be insane. And if it shall appear to said judge, magi- Commitment strate or justices of the peace that the person is insane he or they may, by his or their warrant (Form J), commit such person direct to the asylum without sending him to the common gaol, after having satisfied himself or themselves by enquiry of the superintendent that there is a vacancy in the asylum. The information, medical certificate-evidence if any-state- Transmission ment of friends and information required by form K., and Superinten warrant of commitment shall be sent to the medical superin- dent. tendent along with the person so committed to the asylum. 48 V., c. 41, s. 19. direct to to asylum. of papers to Superinten 20. As soon as any person shall have been adjudged insane Notice to the magistrate who tried the case shall notify the superinten-dent and dent and apply for his or her admission to the asylum. The General. Attorney Custody of patients in asylum and discharge upon recovery. Removals by sheriff' and fees therefor. Removals by relatives or friends. Convicts not to be confined with insane persons. Removal of female patients. insanity of persons con for offences. superintendent shall immediately notify the Attorney-General whether there is room in the asylum for his or her reception. 48 V., c. 41, ss. 23, 24. 21. Every person so removed, as mentioned in the preceding sections, or already removed, or in custody in virtue of any statute in force in Manitoba, or by authority of the LieutenantGovernor, in the Manitoba asylum for the insane, shall remain subject to the custody of the officers and other persons in charge of such asylum or proper place to which such person may be removed, or in which he may be in custody, by virtue of any like order or authority, until the discharge of such person is directed upon such evidence of his complete or partial recovery, as may, by the Lieutenant-Governor, be deemed sufficient. 38 V., c. 22, s. 17. C. S. M., c. 58, s. 17. 22. Except as herein provided removals shall be made by the sheriff of the judicial district from which the insane person is committed, and the Lieutenant-Governor-in-Council may fix the fees and disbursements to be allowed the sheriff for the performance of such services. 23. If any relative or friend of a patient committed to the asylum desires to perform the duty of taking him or her to the asylum, and is competent to do so, the warrant of commitment may be delivered to and executed by him or her instead of the sheriff, and such person may be paid his or her actual expenses, but no fee, for such services. 48 V., c. 41, s. 22. 24. No lunatic, idiot or person of unsound mind shall be confined in any gaol, lock-up or other place of confinement in the same room with any person charged with or convicted of any crime. 48 V., c. 41, s. 20. 25. When a female patient is being conveyed to the asylum, unless she is accompanied by her father, mother, brother or husband, she must be placed in charge of and accompanied by a female. 48 V., c. 41, s. 21. INSANE CRIMINALS. Enquiries as to 26. Any judge of the court of Queen's Bench, when any person may be confined in any common gaol for an offence, fined in gaols and such person is in the opinion of the gaol surgeon insane, may, and if required by any regulations approved by the Lieutenant-Governor-in-Council, made respecting the admission of patients into any place provided for the insane, shall, as soon as conveniently may be, cause to be made in respect of such person inquiries similar to those directed to be made in the fourteenth and fifteenth sections of this Act. 38 V., c. 22, s. 24; C. S. M., c. 58, s. 24. to apply. 27. The provisions of the thirteenth and fourteenth sec- Sec. 13 and 14 tions of this Act shall apply to inquiries to be made under the next preceding section. 38 V., c. 22, s. 24; C.S.M., c. 58, s. 25. any MAINTENANCE, ETC. certain insane 28. Upon its appearing to the Lieutenant-Governor that Removal of insane person, confined in any gaol or in any asylum for persons out of the insane, has come or been brought to this province, from the Province. any other province or country, within sixty days prior to his committal to such gaol or asylum, it shall be lawful for the Lieutenant-Governor by his warrant to authorize the removal of such insane person back to the province or country from whence he has come or been brought as aforesaid, and the cost of such removal shall be paid out of the unappropriated funds of the Province. 38 V., c. 22, s. 26; C. S. M., c. 58, s. 26. responsible for 29. No responsibility for the detention of a person in the Officers not asylum shall rest on the officers of the institution, if the detention person has been detained in accordance with the provisions mating to of this Act or of any of the Acts of the Legislature of Manitoba insane. relating to insane persons and lunatics. 48 V., c. 41, s. 16. liable for asylum, and expenses. costs and patients estate etc. 30. When any person is committed for safe custody to any Municipality gaol or lunatic asylum under the provisions of this Act, on maintenance account of being a lunatic or person of unsound mind, all the in gaol and expense incurred in connection with the arrest, custody, trans- other costs and portation, care and maintenance of the said person shall be borne by the municipality in which the said lunatic, or person of unsound mind had his or her place of residence, or permanent place of abode, at the time of such arrest and committal; and if the justice or justices of the peace making such com- Municipality mittal, or who have made inquiries as to the property and may recover relatives of the person so committed, required by this Act, charges from shall be of opinion as the result of such inquiries that the said or relatives, lunatic, or person of unsound mind, is possessed of sufficient means to pay for his care and maintenance in such gaol or lunatic asylum; or being himself without such means, that he has relatives or other persons belonging to or connected with him legally liable to provide, and capable of providing, for his or her care and maintenance and shall so certify under the hand or hands of said justice or justices, either at the time of such examination and committal or subsequently, the said municipality shall be entitled to recover the said costs and charges that it shall have necessarily and legally paid in connection with said committal, care and maintenance from and out of the estate of the said lunatic, or person of unsound mind, or from the person or persons mentioned in said certificate as being legally liable and capable, as aforesaid. (Form K) 46 & 47 V., c. 15, s. 4. Suits for recovery of costs and charges by municipalities and evideuce therein. Domicile. Municipal turns. 31. The said costs and charges shall be recoverable at the suit of the municipality in any court of competent jurisdiction and the certificate of such justice or justices of the peace as aforesaid, shall be received by and in such court as prima facie evidence of the truth of the facts stated therein, provided that the municipality shall not be bound to demand or sue for such costs and charges if for any reason it is deemed inadvisible to do so; and may otherwise make such arrangement as may be thought proper for the payment of said costs and charges or a portion thereof out of said estate, if any, or by the person or persons claimed to be so legally liable, or may abandon all claim against said estate or against the person or persons mentioned in the said certificate. 46 & 47 V., c. 15, s. 5. 32. A person shall be deemed to have a legal residence in any city, town or municipality, when he or she shall have resided sixty days in such city, town or municipality. (Forms J and K) 48 V., c. 41, s. 29. year 33. Each municipal assessor shall when making the assessAssessor's re- ment for the year 1887, and third every thereafter ascertain and enter upon a blank prepared for that purpose and furnished by the medical superintendent of the asylum, the name and surname in full of each insane person and idiotic person in his assessment district not confined in the asylum, the age, sex, occupation and place of birth of such person, and return the same to the medical superintendent of the asylum at the time of the completion and return of the assessment roll. 48 V., c. 41, s. 30. Maintenance of indigent patients. Maintenance of Treaty Indians. Expenses may be borne by relatives. Liability of patient for 34. When any indigent person committed to the asylum who has no known legal residence in any city, town or municipality, the cost of his or her maintenance and other expenses shall be defrayed by the province until such residence can be ascertained. (Form K) 48 V., c. 41, s. 28. 35. Treaty Indians shall not be admitted to the asylum unless the expense of their maintenance and other charges is guaranteed by the Superintendant-General of Indian affairs at Ottawa. (Forms J and K) 48 V., c. 41, s. 26. 36. The relatives or friends of any patient in the asylum. shall have the privilege of paying any portion or all of the expenses of such patient therein; and the superintendant shall remit all such moneys to the Provincial Treasurer and shall cause the account of such patient to be credited with any sums so paid. (Form K) 48 V., c. 41, s. 27. 37. Any person who is now, or who shall be hereafter, confined in any asylum for the insane, and who has at the time |