in asylum.

he is placed in confinement, or who shall subsequently thereto maintenance come into the possession of property, shall be liable for his maintenance while in such asylum; and any person whose wife may be confined in any asylum for the insane, shall be liable for her maintenance while confined therein; and the Lieutenant-Governor-in-Council may direct through whom and in what manner the amounts owing in respect of such maintenance may be recovered, and enforce payment in accordance with such liability, unless upon inquiry, regard being had to the claims of persons having a moral or legal right to maintenance out of the estate of such insane person, the Lieutenant-Governor shall consider that the claim for maintenance ought not, under the circumstances, to be enforced. (Form K) 38 V., c. 22, s. 23, C. S. M., c. 58, s. 23.

mates furnish

General.

38. The medical superintendent shall make an estimate of Monthly esti the average cost of the care and maintenance of each patient ed to Attorneyin the asylum per month, and shall furnish the AttorneyGeneral with such estimate and the basis on which it was made, and also with the names of the persons then confined or who had been confined in said asylum and of the municipalities from which they had been sent, with the dates of their committal and discharge (in case any have been discharged), and the Attorney-General shall forthwith notify the clerk or treasurer Notice by A.G. of each municipality from which the persons so confined or ties for mainwho had been so confined of the sum per month for which tenance. any such municipality was liable for the cost, care and maintenance of any person or persons so confined or who had been so discharged, in order that the said municipality, if it sees proper, may take steps to secure or obtain the payment of such cost and expense from the party or parties, if any, liable to pay the same, as herein before mentioned;

and such notification shall be received as evidence of the claim of such municipality in any proceeding for the recovery of the said cost and expenses (commenced after a demand has been made therefor) and shall contain all the particulars necessary to inform the municipality as to its indebtedness in the premises for the past, and its liability, if any, for the future, or until a further notification as to said liability shall be given, based upon the statement mentioned in the next following clause. 46 & 47 V., c. 15, s. 6.

to municipali

turns by Super

General.

39. On or before the tenth day of January in each year Annual rethe medical superintendent of the asylum shall furnish the intendent to Attorney-General with a statement of the names and number the Attorneyof the persons committed during the year ending on the previous 31st day of December, the date of admission, the cause of insanity, idiocy or unsound mind, if known, the cost of maintenance, the date of discharge, the number of days in custody, the medical comforts supplied and costs thereof, the municipality from which each has been sent, and any other

Collection of sums due by

for mainten

ance.

information necessary to a just and equitable apportionment of the cost incurred in the maintenance of the different persons confined therein. 46 & 47 V., c. 15, s. 7.

40. It shall be the duty of the clerk and treasurer of such municipalities municipality, upon receipt of any notification of such indebtedness containing a demand for payment thereof, to transmit forthwith to the Attorney-General the amount so claimed as due and payable, and in the event of the said municipal clerk and treasurer failing, neglecting or refusing so to do, the said Attorney-General as such, may on behalf of the province, sue for and recover the same as in the case of an ordinary debt. All sums received under the provisions of this Act shall be transmitted to the provincial treasurer, to form part of the consolidated revenue fund of the province. 46 & 47 V., c. 15, s. 8.

Maintenance of paying patients becoming indigent.

41. It a paying patient after three months becomes indigent and the superintendent certifies that he is a fit person to remain, he may be retained at the expense of the municipality to which he belonged at the time of committal on the certificate of two justices of the peace resident in such municipality as to his indigence, or at the expense of the Province in the case provided for in section thirty-four of this Act. 48 V., c. 41, S. 12.

Rules and regulations

in Council,

their alteration and

effective force.

RULES AND REGULATIONS.

42. The Lieutenant-Governor-in-Council may make rules. made by L.-G.- and regulations for the management and internal economy of the asylum, and the conduct and government of the officers and employes, and of the patients confined therein, and also special rules and regulations with reference to those accused or convicted of crime. Copies of such rules and regulations shall be printed and each officer and employe shall be furnished with a copy of the same. Such rules and regulations may be amended, varied or repealed from time to time by the Lieutenant-Governor-in-Council on the report of the Attorney-General, and the said rules and regulations and their amendments so long as they remain in force shall be of the the same effect as if they had been enacted by the Legislature of Manitoba. 46 & 47 V., c. 15, s. 12; 48 V., c. 41, s. 33.

Correspondence and writing materials.

43. All persons detained as insane shall at all times be furnished with materials for communicating under seal with any member of the local government, or with such person or persons who may be appointed to inspect the asylum or with his or her attorney. All other communications either written by or sent to patients may be examined or witheld at the discretion of the superintendent. 48 V., c. 41, s. 14.

of Superiaten

44. The Lieutenant-Governor-in-Council may appoint a Appointment medical superintendent and when necessary an assistant sup-dent, Inspecerintendent, also a bursar, a matron and such other officers tor and officers and employes as may be required for the proper management of the asylum, and shall make provision for the inspection of the asylum from time to time, and for enquiry into the manner in which the officers and employes perform their duties, and as to the condition of the patients and their treatment. 46 and 47 V., c. 15, s. 3; 48 V., c. 41, s. 7.

45. It shall be the duty of the superintendent to admit any Inspection of person or persons appointed by the Lieutenant-Governor-in- asylum, etc. Council to make any such inspections or enquires into every part of the asylum, and exhibit unto him or them on demand all the books, papers, accounts and writings belonging to the institution or pertaining to its business, management, discipline or government, also to furnish copies, abstracts and reports when required. 48 V., c. 41, s. 3.

dent and

46. The Superintendent, officers and employes of the Superintenasylum are hereby constituted police officers for the asylum officers to be and for the grounds connected with and belonging to the special consame, and are empowered to summarily arrest all persons within said asylum and grounds, who shall be guilty of any offence therein against the laws of the province or of the rules and regulations of the asylum, and to arrest any vagrants or idle persons who shall refuse to leave said asylum premises when requested so to do by any of said officers, and to take any such offender before any court of competent jurisdiction, and to cause proper complaint to be made against offender; and for such purpose said superintendent, officers and employes shall possess all the powers and authority of police officers and constables. 48 Vic., c. 41, s. 4.

such

conduct and

not otherwise

47. Any person who shall be guilty of any noisy, boister- Disorderly ous or disorderly conduct, fighting, immoderate drinking or punishment drunkenness, indecent exposure of the person, lewd, wanton provided for. or obscene conduct or vulgar or obscene language, or of any offence against the laws of the province or rules and regulations of the asylum, within said asylum or the grounds thereof, may be summarily arrested by said officers or employes, or any one of them, and on conviction of any such offence before any justice or justices of the peace shall be punished by a fine of not less than one, nor more than fifty or by imprisonment in the common gaol of the eastern judicial district, for not less than two, nor more than sixty days, but if a different penalty is prescribed by any law or statute in force in Manitoba for any such offence, the so prescribed shall be imposed instead of the or punishment prescribed in this section. 48 Vic., c.

dollars,

punishment

penalty

41, s. 5.

B

Offences by
Officers and

ment.

48. Any officer or other person in charge of or employed in their punish the asylum for the insane who shall abuse, neglect or ill-treat any person confined therein or any inmate thereof, shall, on conviction, be punished by imprisonment in the common gaol for not more than one year, or by a fine not exceeding one hundred dollars, or in such other punishment as may be prescribed for such offence by any law or statute in force in this Province. 48 V., c. 41, s. 6.

Superinten

dent not to be subject to subpoena in certain cases.

Retaking escaped

in 48 hours.

49. The superintendent shall not be compelled to obey the subpoena of any court in any civil case, if he shall file in such case an affidavit that to obey the same would be seriously detrimental and hazardous to the welfare of the inmates, or some of the inmates, of the asylum under his charge, except in case of a trial for any crime punishable by capital punishment where the judge shall make a special order therefor, and the subpoena, with a memorandum of the said order endorsed thereon, be served at least forty-eight hours before the time when he shall be required to appear; provided, however, that the superintendent shall not be entitled in any case to make and file such affidavit exempting him from obeying such subpoena as aforesaid, should he refuse to be present and to give his deposition at his office in said asylum. 48 V., c. 41, s. 2.

ELOPEMENTS.

50. In case any inmate of the asylum for the insane shall patients with escape therefrom, it shall be lawful for any of the officers or servants of the asylum, or for any other person or persons at the request of such officers or servants or any of them, within forty-eight hours after such escape becoming known, where no warrant has been issued (form I) by the superintendent or other person having charge thereof, to retake such escaped person, and return him to the asylum from whence he escaped; and he shall remain in custody therein under the authority by virtue of which he was. detained prior to such escape. 38 V., c. 22, s. 22; C. S. M., c 58, s. 22.

Warrants to

patients.

51. On any such escape being made the medical superinretake escaped tendent or other officer in charge of the asylum may issue his warrant (form I) to retake the escaped patient and return him to the asylum to be detained as aforesaid; and such warrant may be executed within six months of the date thereof by any officer or servant of the asylum or by any constable or peace officer in this Province.

DISCHARGE OF PATIENTS.

52. Persons confined by virtue of this Act or any act or acts amending the same may be discharged by the Lieutenant

Governor or by the medical superintendent, under such regulations as may, by the Lieutenant-Governor-in-Council, be made in that behalf. 38 V., c. 22, s. 21; C. S. M., c. 58, s. 21.

patients re

53. All persons who have been detained as insane shall, as Discharges of soon as they have been restored to reason and are competent stored to to act for themselves in the opinion of the medical superin- reason. tendent of the asylum, be forthwith discharged. In case the discharged patient be in indigent circumstances, such person shall be furnished with necessary clothing and with funds Gratuity to indigent sufficient for sustenance and travel to his or her home, and in patients on no case shall the amount furnished exceed the sum of twenty dollars, and such sum shall be charged to the municipality from which such patient was admitted. 48 V.. c. 41, s. 15.

discharge.

patients to cus

54. A patient may be removed from the asylum by Romoval of his or her friends with the consent of the superintendent, tody of friends. if he considers that the said friends are able and likely to take proper care of him or her, and the superintendent may, at his discretion, require such friend or relative to give sufficient security for the proper care and maintenance of such patient, and in case such security cannot be furnished the said superintendent may refuse to allow such patient to be taken out of the asylum. 48 V., c, 41, s. 17.

harmless or

55. A patient, though not recovered, may be discharged Discharge of from the asylum upon the certificate of the superintendent incurable that he or she is harmless, and will probably continue so, and patients. is not likely to be improved by further treatment in the asy

lum,
so that the preference may be given in the admission of
patients to recent cases of insanity of not over one year's dur-
ation. 48 V., c. 41, s. 18.

a

when deten

56. In case the medical superintendent is of the opinion Discharges that detention is not necessary for the benefit of a patient tion appears he shall notify the person or persons at whose instance the unnecessary. patient is detained, and unless such person or persons shall, within two weeks, exhibit satisfactory proof of such necessity the

patient shall be discharged from the asylum and conveyed to the nearest place where a public conveyance can be obtained by the patient. 48 V., c. 41, s. 13.

discharges,

57. In case the medical superintendent of the asylum shall Probationary consider it conducive to recovery of any of the persons confined therein, that such person should be committed for

or

time to the custody of his friends, the medical superintendent may allow such person to return on trial to his friends upon receiving a written undertaking by one more of the friends of such person, that he or they will keep an oversight of such person. 38 V., c. 22, s. 18; C. S. M., C. 58, s. 18.