Physicians may Sue.-Every registered person shall be entitled to sue in any court of law in New Zealand for the recovery of his fees or other remuneration for his professional services, whether medical or surgical.

Unregistered persons not to be entitled to receive Fees.-No person shall be entitled to recover any charge in any court of law in the Colony for any medical or surgical advice, or attendance, or for the performance of any operation, or for any medicine which he shall have both prescribed and supplied, unless he shall prove on the trial that he is registered.

No Unregistered person to hold Medical Appointment.-No person unless registered shall hold any appointment as a physician, surgeon, or other medical officer in any institution supported wholly or in part by public funds, for affording medical relief in sickness, infirmity, or old age, or as a medical officer of health, and no certificate required to be signed by any Medical Practitioner shall be valid, unless the person signing the same shall be registered, provided that nothing in this Act contained shall render invalid any such certificate from a duly appointed medical officer of any of Her Majesty's Land or Sea Forces in full pay, although such officer may not be registered under this Act.

Registered Persons may be Erased from Register.—If any person shall have procured himself to be registered by fraudulent representation or declaration either verbally or by writing, or if any person not entitled to be registered shall have been registered, or if any registered person shall be or shall have been convicted of any felony or misdemeanour in Great Britain or Ireland, or in any of the British Dominions, the Registrar-General and Registrar respectively shall erase the name of any such person from the Register, and such erasure shall be notified by the Registrar-General in the New Zealand Gazette.

Not to affect Chemists.-Nothing in this Act contained shall in any way affect chemists, druggists, and dentists.

Penalties. Any person who shall wilfully and falsely pretend to be, or take or use the name or title of a physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner, or apothecary, or any name, title, addition, or description, implying that he is registered under this Act, or that he is recognised by law as a duly qualified Medical Practitioner, shall for every such offence pay a sum not exceeding fifty pounds. And any person who shall fraudulently or by false representations procure himself to be registered as a Medical Practitioner, or shall forge, alter, or counterfeit any such certificate, or shall utter or use any such forged, altered, or counterfeited certificate, knowing the same to have been forged, altered, or counterfeited, or shall falsely advertise or publish himself as having been registered as a Medical Practitioner, shall be deemed guilty of a misdemeanour, and be liable to imprisonment, with or without hard labour, for any term not exceeding three years.

THE LUNATICS' ACT (1882)

(46 Vic., No. 34.)

PROCEEDINGS TO RESTRAIN LUNATICS.

Lunatics at large. In all cases in which any person shall be discovered and apprehended under circumstances denoting a derangement of mind, and a purpose of committing suicide or some crime for which he would be liable to be indicted, or if any person imprisoned or detained in any prison, or reformatory, or industrial school, or other place of confinement, shall appear to be a lunatic, or any person believed to be a lunatic, but who is not under proper care and control, or is cruelly treated or neglected, and who is a proper person to be taken charge of, in any such case a Resident Magistrate shall call to his assistance two Medical Practitioners to be selected by him, and shall examine such Practitioners and any other witness upon oath, and each of the Medical Practitioners upon whose evidence the Resident Magistrate shall make an order under this section, shall fill up and sign a certificate and statement in the undermentioned form, which certificate and statement shall be delivered along with the lunatic and a copy of the order to the superintendent of the asylum, manager of the hospital, or keeper of the licensed house, or occupier of the house, to whose custody the lunatic is committed.

MEDICAL CERTIFICATE.

I, the undersigned, being a medical practitioner in actual practice, hereby certify that I, on the day of one thousand eight hundred and at (Here insert the particulars of the place of examination, and the name of the city, town, or place, and the street, number of the house, or other particulars; where more than one medical certificate is required, add separately from any other Medical Practitioner, or jointly with, &c., if another medical practitioner), personally examined A.B., of (Insert residence and profession and occupation, if any), and that the said A.B. is a (dangerous) lunatic, and a proper person to be taken charge of and detained under care and treatment, and that I have formed this opinion upon the following grounds, viz. :—

1. Facts indicating lunacy observed by myself (Here state the facts).

2. Other facts (if any) indicating lunacy communicated to me by others (Here state the information, and from whom).

M.D.,
day of

*The day of his examination.
STATEMENT.

(If any of the particulars in this Statement be 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 and date of commission, or order for inquiry; name of one or more of the relations of the patient (if possible); special circumstances (if any) preventing the patient being examined before admission, separately, by two Medical Practitioners.

M.D.

Lunatic Prisoners.-The Colonial Secretary, if it be made to appear to him by any means, that there is any reasonable ground to think that any person in confinement is lunatic, and that removal to an asylum or hospital is necessary or desirable, may himself appoint two or more Medical Practitioners to inquire into the state of mind of such prisoner. And if on such inquiry the prisoner be found lunatic, the same shall be certified in writing by such Practitioners to the Colonial Secretary, according to the following form :—

I, the undersigned, being a Medical Practitioner in actual practice, hereby certify that I, on the day of one thousand eight hundred and at (IIere insert the particulars of the place of examination, as the town, city, or place, the street, number of the house, or other particulars; where more than one medical certificate is required, add separately from any other medical Practioner), personally examined A.B., of (Insert residence and profession and occupation, if any), and that the said A.B. is a lunatic and a proper person to be taken charge of and detained under care and treatment; and that I have formed this opinion upon the following grounds, viz. :—

1. Facts indicating lunacy observed by myself (Here state the facts).

2. Other facts (if any) indicating lunacy communicated to me by others (Here state the information, and from whom).

M.D.,
Place of abode.

*The day of his examination. (Also add Statement as before).

Lunatics unfit to be removed. If the medical practitioners by whom any lunatic person shall be examined certify in writing that he is not in a fit state to be removed, the removal of such person shall be suspended until the same or some other two Medical Practitioners certify in writing that such person is fit to be removed; and such Medical Practitioners are hereby required to give the required certificate as soon as in their judgment it ought to be given.

Payment of Medical Fees.-The Resident Magistrate causing any person to be examined by any medical practitioners may grant to them a certificate, and the Colonial Treasurer is to pay the amount mentioned in such certificate from the Consolidated Fund.

Persons not found Lunatic by Inquisition. Where any person not found lunatic by inquisition is believed to be lunatic, any relative or friend of such person, or any householder, may give information on oath to a Resident Magistrate. Thereupon the Resident Magistrate may either examine such person at his abode or elsewhere, and if he shall think there is reasonable cause for further examination of the said person, he shall call to his assistance two Medical Practitioners, who shall examine the said person, both separately and jointly. And if on such medical examination both Medical Practitioners shall be of opinion that the said person is a lunatic, and requires detention in an asylum, hospital, or licensed house, they shall severally sign the usual certificate. One Medical Certificate sufficient in Special Cases. Any person not found lunatic by inquisition may, under special circumstances, previously to his examination by two Medical Practitioners, be received into an asylum, or licensed house on the order of a Resident Magistrate, on the certificate of one Medical Practitioner, provided that the statement accompanying the order set forth such special circumstances; and in every such case certificates by two other Medical Practitioners shall, after due examination of such person, be signed and delivered to the Superintendent of such asylum, within three clear days of the reception of such person.

Medical Certificates.-Every Medical Practitioner signing any certificate, shall specify therein the facts upon which he shall have formed his opinion that the person to whom such certificate relates is a lunatic, distinguishing in such certificate facts observed by himself from facts communicated to him by others, and stating the names and addresses of the persons who have communicated the facts. No person shall be received into any asylum, hospital, or licensed house under any such certificate which purports to be founded only upon facts communicated by others. Every certificate by a Medical Practitioner shall bear date of the day when it was signed, and his last examination of the lunatic took place; and no one shall be received into such asylum, or licensed house under an order more than seven days after the date of the certificate delivered along with the order to the superintendent of such asylum.

Who not to Sign Medical Certificates.-No Medical Practitioner who, or whose father, brother, son, or partner, or assistant, shall apply under this Act for the reception of a patient into an asylum, or licensed house, shall sign any certificate for the reception of the same patient, and no Medical Practitioner who, or whose father, brother, son, or partner, or assistant, shall be an officer in or a medical officer of an asylum, or licensed house, or wholly or partly the proprietor, or the mortgagee or lessee, or an officer or a regular professional attendant in a licensed house, or who shall receive a percentage on, or otherwise be interested in, the payments to be made by or on account of any lunatic received into an asylum, hospital, or licensed house, shall make any application or sign a certificate for the reception of a lunatic into any asylum, or licensed house.

Who not to take care of Lunatics.-No Medical Practitioner shall, himself or by his servants or agents, receive to board or lodge in any licensed house, or take the charge or care of, any person upon or under any medical certificate signed by himself, or his father, brother, son, or partner, or assistant; and no Medical Practitioner, having signed any certificate for the reception of any person into a licensed house, shall be the regular professional attendant of such person while under care or charge under such certificate.

Statement of Previous Treatment.-Every Medical Practitioner signing any certificate under or for the purposes of this Act for the reception of a lunatic into an asylum, or licensed house, shall make and sign a statement in writing of the previous treatment of the lunatic to whom such certificate shall so relate, so far as the same shall be known to such practitioner; and such statement shall be delivered to the person receiving the lunatic into an asylum or licensed house.

Defective Certificates.-If, after the reception of any lunatic into any asylum, hospital, or licensed house, it appear that both or either of the medical certificates upon which he shall have been received is or are in any respect incorrect or defective, such medical certificates may be amended by and on the sole authority of the person or persons signing the same, at any time within twenty-one days next after the reception of such lunatic. Provided that no such amendment shall have any force or effect unless the same shall receive the sanction in writing of the Colonial Secretary. And if any such certificate shall be at any time deemed by the Inspector to be incorrect or defective, and the same shall not be amended to his satisfaction within twenty-one days after the receipt by the superintendent of such asylum or licensed house of a direction in writing from such Inspector requiring amendment of the same, such Inspector may, if he see fit, make an order for the patient's discharge.

HABITUAL DRUNKARDS.

Application for Detention.-Application may be made to a Judge of the Supreme Court for an order of detention by the following persons and in the following cases :

1. By the habitual drunkard himself declaring that he is willing to submit to curative treatment under the order of the Court; or

2. By the parent, husband, wife, child, or friend of such habitual drunkard, in cases (a.) Where such person is suffering or has been recently suffering from delirium tremens or other dangerous physical effects of habitual drunkenness; or (b.) Where such person, through habitual drunkenness, has recently been wasting his means, and been neglecting his business, or insufficiently providing for his family; or a wife has been wasting the means of her husband; or (c.) Where such person has recently, under the influence of drink, used or threatened violence towards himself or any member of his family.

Order for Detention.—On any such application in writing, stating the grounds upon which it is founded, to a Judge of the Supreme Court, such Judge may, after the expiration of twenty-four hours from the service of a notice thereof on such habitual drunkard, when he himself is not the applicant, on hearing the evidence of not less than two Medical Practitioners, and of such other persons as he may think fit, make an order in writing, under his hand, for the detention of any such habitual drunkard, in any asylum or place authorized by this Act for the detention of lunatics, but in a ward or division thereof in which lunatics are not detained, or in any place specially appointed for the purpose, by order of the Colonial Secretary, for curative treatment for a period not exceeding twelve months, which order, till rescinded, shall be a sufficient authority to all persons acting under it.

Leave of Absence. The Medical Officer of such asylum or place may, for probationary purposes, grant to any person detained under such an order, leave of absence in writing under his hand, for a certain period to be specified therein.

LICENSED HOUSES FOR THE RECEPTION OF LUNATICS.

Medical Attendance.-Every licensed house containing 50 or less lunatics shall be visited three times a week by a Medical Practitioner; and every such house containing over 50, and not more than 100 lunatics, shall be visited daily by a Medical Practitioner; and every such house containing more than 100 lunatics shall have at all times a Medical Practitioner, who shall not be the licensee or proprietor thereof, resident therein, who shall be the keeper thereof. No license shall be of any validity unless the keeper of the house licensed shall reside therein, or the house be visited by a Medical Practitioner as before mentioned.

VISITATION OF LUNATIC ASYLUMS AND LICENSED HOUSES.

And

Appointment of Inspectors.-The Governor may appoint Inspectors, or an Inspector of asylums, hospitals, and licensed houses, for the colony, and also DeputyInspectors. And no such Inspector shall, during the continuance of his office, himself carry on in New Zealand, or be the partner or assistant of any person carrying on in New Zealand the profession or business of a physician, surgeon, or apothecary. any Inspector who shall violate this enactment shall be guilty of a misdemeanour. Official Visitors.-The Governor also may appoint one or more official visitors of particular asylums, hospitals, and licensed houses in New Zealand, all of whom shall be Justices of the Peace.

Quarterly Visitations.-Every asylum, hospital, and licensed house or private house in which a lunatic is detained shall, without any previons notice, as often as an Inspector or an official visitor thinks fit, and at least once in every three months, be visited by an Inspector and an official visitor respectively.

PENALTIES.

Medical Men Signing False Certificates.-Any Medical Practitioner who shall falsely state or certify anything in any certificate or statement under this Act, and any person who shall sign any certificate under this Act in which he shall describe himself as a Medical Practitioner, not being such within the meaning herein before defined, shall be guilty of a misdemeanour.

Penalty for otherwise Contravening Act.-Any Medical Practitioner who shall sign any certificate or do any other act, not hereby declared to be a misdemeanour, contrary to any of the provisions herein contained, shall for every such offence be liable to a penalty not exceeding fifty pounds, or, at the discretion of the convicting Justices, to imprisonment not exceeding six months.

Penalties and their Recovery.-Every act or omission declared by this Act to be a misdemeanour, but not made liable to a specified punishment, shall be punishable by a fine not exceeding one hundred pounds, or imprisonment not exceeding twelve months.

THE PUBLIC HEALTH ACT (1876).

(40 Vic., No. 60.)

WITH AMENDMENTS (1877, 1881, 1882 and 1884).

(41 Vic., No. 23; 45 Vic., No. 30; 46 Vic., No. 22: 48 Vic., No. 12.)

Central Board of Health.—The Governor may appoint any number of persons, not more than 7, nor fewer than 4, to be called "The Central Board of Health,” and the Governor may at his pleasure, remove all or any of the persons so appointed, and appoint others in their place. The Colonial Secretary for the time being shall be the President of the Board. The powers and duties vested in the Central Board may be exercised and executed by the President, together with any three other members present at a meeting. At all meetings of the Central Board the President, if present, shall preside, and, if he be not present, the members present shall elect a President. The President shall have a vote, and in case of equality a casting vote. During any vacancy in the Central Board, the continuing members, not being fewer than four, may act as if no vacancy had occurred. The place and time of meetings of the Central Board shall be fixed by the Board.

Local Boards of Health.-The Local Boards of Health shall include the City or Borough Council, Town Board, Board of Wardens, or Commissioners, or other like body, howsoever denominated, of every city, town, and borough, and the Council, Road Board, Board of Wardens, Commissioners, or Trustees of every_road district, or highway district, or other like body, and where there shall be no Local Board, then the Central Board may appoint such and so many persons (not less than three) as it may think fit, to form a Local Board; and all the powers and duties vested in any Local Board may be exercised and executed by a majority of the members thereof.

Medical Officer.-Each Local Board of Health may, if it thinks fit, appoint a fit and proper person, being a legally qualified Medical Practitioner, to be called "The Medical Officer," who shall be removable by the said Local Board, and shall perform such duties and in such manner as the Central Board of Health may direct. The Local Board may direct such remuneration to be paid to such officer as it may see fit.

PROVISIONS AGAINST INFECTION.

Prevention of Epidemic Diseases.-Whenever any part of New Zealand appears to be threatened with or is affected by any formidable epidemic, endemic, or infectious disease, the Central Board may make regulations for all or any of the following purposes, namely:-(1.) For the speedy interment of the dead; and (2.) For house to house visitation; and (3) For the provision of medical aid and accommodation, for the promotion of cleansing, ventilation, and disinfection, and for guarding against the spread of disease.

The Governor in Council may from time to time, by Proclamation in the Gazette, declare that certain diseases are deemed to be infectious within the meaning of this Act, and upon the publication of any such Proclamation the diseases mentioned therein shall be deemed to be infectious accordingly.

Power of Entry.-The Local Board and its officers shall have power of entry on any premises for the purpose of executing or superintending the execution of any regulations so issued by the Central Board as aforesaid.

Premises to be Cleaned and Disinfected.-Where any Local Board is of opinion, on the certificate of its Medical Officer, or of any other legally qualified Medical, Practitioner, that the cleansing and disinfecting of any house or part thereof, and of any articles therein likely to retain infection, would tend to prevent or check infectious disease, it shall be the duty of such Board to give notice in writing to the owner or occupier of such house or part thereof, requiring him to cleanse and disinfect such house or part thereof and articles, within a time specified in such notice.

Notice of Infectious Disease.-When a householder knows that a person within the house occupied by him is taken sick of small-pox, cholera, or any other highly infectious disease dangerous to the people, he shall immediately give notice thereof to the Local Board of the district in which he dwells. If he refuses or neglects to give such notice, he shall forfeit a sum not exceeding ten pounds.