The Short Title of this Act is “The Lunatics Act Amendment Act, 1891.”

“The Lunatics Act, 1882” (herein referred to as “the principal Act”), is hereby amended as hereinafter mentioned, and shall be read subject to the omissions, alterations, and additions herein enacted.

In every lunatic asylum, hospital, licensed house, or private house the dormitories or sleeping-rooms shall be of such a size as will admit of not less than six hundred cubic feet of measurement space for each person occupying the same respectively.

A person who before the passing of this Act has signed or carried out or done any act with a view to sign or carry out an order purporting to be a reception order, or a medical certificate that a person is of unsound mind, and a person who after the passing of this Act presents a petition for any such order, or signs or carries out or does any act with a view to sign or carry out an order purporting to be a reception order, or any report or certificate purporting to be a report or certificate under the said Act, or does anything in pursuance of the said Act or this Act, shall not be liable to any civil or criminal proceedings, whether on the ground of want of jurisdiction or on any other ground, if such person has acted in good faith and with reasonable care.

If any proceedings arc taken against any person for signing or carrying out or doing any act with a view to sign or carry out any such order, report, or certificate, or presenting any such petition as in the last-preceding subsection mentioned, or doing anything in pursuance of the said Act or this Act, such proceedings may, upon summary application to a Judge of the Supreme Court, be stayed upon such terms as to costs and otherwise as the Judge may think fit if the Judge is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care.

If in any case of an inquiry before a Resident Magistrate or on an inquisition it shall appear that the alleged lunatic is of unsound mind so as to be incapable of managing his affairs, but that he is capable of managing himself, and is not dangerous to himself or others, it may be specially so found and certified; and every such special finding and certificate shall be brought before a Judge of the Supreme Court, who shall thereupon make all such orders and direct all such acts to be done as may be necessary or proper relative to the commitment, management, and application of the estate and effects of the person so found to be of unsound mind (including all proper provisions for his maintenance), but it shall not be necessary, unless in the discretion of the Judge it shall appear proper so to do, to make any order as to the custody or commitment of the person.

In any case of a person who has been found lunatic by inquisition, a Judge of the Supreme Court, being satisfied on the report of the Inspector-General or Superintendent of an asylum, or Official Visitor of an asylum, hospital, or licensed house, or private house, or on any other evidence, that the lunatic is cured, or that he is capable of managing himself, and not dangerous to himself or others, though incapable of managing his affairs, may, if he shall think it desirable that the ordinary proceedings for a supersedeas should not be insisted on, by order supersede the inquisition so far as the same finds the lunatic is incapable of managing himself, and rescind or vary any order for the commitment of the person of the lunatic.

An order under this section may be made on such terms and conditions as a Judge of the Supreme Court may think fit.

Notice of an order under this section shall be forthwith given to the committee of the lunatic, and also to the person under whose care the lunatic is.

It shall be the duty of the Resident Magistrate who commits any lunatic to an asylum or hospital to inquire into his means, and to make such order for his maintenance and treatment as he shall think best under the circumstances.

Any such order, if not made at the time of commitment, shall be made as soon thereafter as may be, and shall be made to take effect as from the day of the lunatic’s admission into such asylum or hospital.

Any order may be made for the recovery of moneys owing for the past maintenance and treatment of a lunatic in an asylum or hospital, notwithstanding that such lunatic may have died or been discharged from such asylum or hospital before the making of such order; and any such order, in case of his death, may be made to include the recovery of the cost of the lunatic’s burial.

Notwithstanding anything to the contrary contained in section thirty-two of “The Destitute Persons Act, 1877,” upon the hearing of any complaint for the recovery from any near relative of any sum of money for maintenance of a lunatic, the onus of proving that the person complained of is not a near relative, or that such relative is not of sufficient means, or that the lunatic is of sufficient means, shall lie upon the defendant, who shall be competent and compellable to give evidence touching the matter of such complaint.

Whenever the Public Trustee sells the estate of a lunatic under an order of the Court granted under section two hundred and sixty-five of the principal Act, instead of applying the proceeds of such sale to any of the purposes in the said section mentioned, he may, in his discretion, invest the said proceeds in manner as he shall think best, and apply the income arising from the said investments, from time to time, to the aforesaid purposes or any of them.

But in case such income shall not be sufficient to pay all the amounts required from time to time to be paid under the aforesaid section, and the said lunatic shall remain in an asylum or hospital until his death, then the principal sum invested as aforesaid shall be liable to be charged with an amount that shall be equivalent to three-fourths of the total aforesaid amounts which shall not have been paid out of the aforesaid income.

Notwithstanding the death of a lunatic, or his discharge from any asylum, hospital, licensed house, or private house, the Public Trustee is hereby authorised and may, without obtaining any order of administration, in case of death, pay out of the estate of such lunatic, or the income thereof, all amounts due for the maintenance and treatment of the said lunatic up to the time of his death or discharge, as the case may be, including all costs of his burial if dead; but in case of his discharge, if the last-aforesaid amounts have exhausted all his property, then three-fourths of the said amounts only shall be paid by the Public Trustee, and the remainder shall be handed by the Public Trustee to the lunatic on his discharge.

It is hereby declared that a husband shall be liable to pay the cost of maintenance and treatment of his wife detained in any asylum, hospital, licensed house, or private house, notwithstanding that she may be so detained without or against his will or consent.

In like manner a wife shall be liable to pay the costs of maintenance and treatment of her husband detained as aforesaid.

Notwithstanding anything contained in the principal Act, the Justices before whom any person is brought, charged with an offence which is declared by that Act to be a misdemeanour, if they shall be of opinion that such offence is not of a grave nature, instead of committing such person for trial to the Supreme Court, may, with the consent of the said person, deal with such person summarily, and inflict a penalty upon him for the said offence, not exceeding ten pounds, or imprisonment not exceeding two months.

The Governor in Council, by any regulations made under the principal Act for the due protection, care, and management of the persons of lunatics, may impose penalties not exceeding five pounds in respect of every breach of such regulations; and all such penalties shall be deemed to be imposed and may be recovered as penalties imposed under that Act.