CERTIFICATES IN LUNACY (1867).

(31 Vic., No. 309).

Medical Certificates.-Any person who shall appear to be insane may be removed to a lunatic asylum or licensed house by an order of two Justices and two Medical Certificates according to the following form :

I, the undersigned, being a Medical Practitioner, hereby certify that I, on the day of one thousand eight hundred and at [here insert the particulars of the place of examination as the street, number of the house, or other particulars] in the county of [where more than one Medical Certificate is required add separately from any other Medical Practitioner] personally examined A.B. of [insert residence and profession or 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 insanity observed by myself [here state the facts].

2. Other facts (if any) indicating insanity communicated to me by others [here state the information and from whom].

Dated this

(Signed)

The two Medical Practitioners who sign the certificates shall not be in partnership with, or be the father, son, or brother of, or an assistant to the other, and each of whom shall separately from the other have personally examined the person to whom such certificate shall relate not more than seven clear days previously to the reception of such person into such asylum, hospital, or licensed house; and such order as aforesaid may be signed before or after such medical certificates or either of them. Any person not found lunatic by inquisition may, under special circumstances preventing the examination of such person by two Medical Practitioners, be received into any asylum or licensed house upon the certificate of one Medical Practitioner alone, provided that the statement accompanying such order set forth the special circumstances which prevent the examination of such person by two Medical Practitioners; but in every such case two other such certificates shall within three clear days after the reception of such patient into such asylum or licensed house be signed by two other Medical Practitioners according to the aforesaid provisions. 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 no person shall be received into any asylum or licensed house under any such certificate which is founded only upon facts communicated by others.

Who not to Sign Certificates.-No Medical Practitioner who or whose father, brother, son, or other relative, or partner, or assistant, shall sign the order for the reception of a patient into an asylum or licensed house, or be the Superintendent of, an officer in, or a Medical Officer of an asylum or hospital, or wholly or partly the proprietor or the mortgagee or lessee or the superintendent of, 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 patient received into an asylum, hospital, or licensed house, shall sign any order or certificate for the reception of a patient into any asylum, hospital, or licensed house; and 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 other relative 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.

Medical Statement.-Every Medical Practitioner signing any certificate for the reception of a patient into an asylum, hospital, or licensed house, shall make and sign a statement in writing of the previous treatment of the patient to whom such certificate shall relate, and such statement shall be delivered to the person receiving the patient into an asylum, hospital, or licensed house.

Medical Certificates may be Amended.-If after the reception of any lunatic into any asylum or licensed house it appear that either of the medical certificates upon which he shall have been received is in any respect incorrect or defective, such medical

certificate may be amended by and on the sole authority of the person or persons signing the same, at any time within fourteen days next after the reception of such lunatic, but no such amendment shall have any force or effect unless the same shall receive the sanction in writing under the hand of the Chief Secretary.

Criminal Lunatics.-If any person, while imprisoned or detained in gaol or any other place of imprisonment, shall appear to be insane, any two justices may call to their assistance any two Medical Practitioners, and inquire with their aid as to the insanity of such person, and on receipt of a joint certificate according to the annexed form, the Chief Secretary may direct by warrant that such person be removed to some Lunatic Asylum.

FORM OF JOINT CERTIFICATE.

We, the undersigned, A.B. and C.D., two Justices of the place where E.F., a prisoner [or detained] under [state cause of imprisonment or detention] is now imprisoned [or detained], and we G.H. and I.K., two Medical Practitioners called by the said A.B. and C.D. to their assistance to inquire with our aid as to the insanity of the said E.F., do hereby certify (we the said A.B. and C.D., having inquired with such aid as to such insanity) that the said E.F. is insane.

Release of Criminal Lunatics.-If upon an éxamination it shall appear to two or more Medical Practitioners that any person detained in an asylum has become of sound mind and may be suffered to go at large with safety, they shall sign the following certificate :

We, the undersigned, A.B. and C.D., Medical Practitioners, having been present at the examination by two Justices of, and having then viewed and examined Y.Z., a person in custody at the time of the coming into operation of the “ Lunacy Statute," by virtue of a warrant of commitment issued under an Act theretofore in force relating to lunatics, and it appearing to us that the said Y.Z. is not an insane person or a dangerous lunatic, and may be suffered to go at large with safety, do hereby certify that the said Y.Z. is not an insane person or a dangerous lunatic, and may be suffered to go at large with safety.

Dated this

(Signed)
day of

A.B.

Medical Practitioners. One thousand eight hundred and

To E.F. [or E.F. and G.H.[ the Visiting Justices [or Justices or other authorities] of the gaol [or other place] at in which the said Y.Z. is in custody.

This certificate is to be handed to the Visiting Justice of the gaol, or the authorities of such other place in which such person shall be so in custody, who are required to transmit the same to the Chief Secretary, who may order the liberation of such person from custody, or his removal back to the prison or other place of confinement from whence he shall have been taken.

VISITATION OF LUNATIC ASYLUMS AND LICENSED HOUSES.

Inspector and Official Visitors.—The Governor in Council may appoint an Inspector or a Deputy-Inspector, and also one or more Official Visitors of asylums, hospitals, or licensed houses in Victoria who shall be Justices of the Peace.

Visits to Asylums.-Every asylum and hospital, and every licensed house for the reception of lunatics shall, without any previous notice, as often as the Inspector or an Official Visitor think fit, and at least once in every three months be visited by the Inspector and an Official Visitor, and also at such other times as the Chief Secretary shall direct.

THE INEBRIATES' ACT (1872).

(36 Vic., No. 449.)

Inebriates may be Committed.-Upon the application of any relation or friend of any person addicted to the habitual use, in excess, of intoxicating drinks, any Judge of a County Court may summon such person to appear before him, and order

such person to be conveyed to some Retreat for any term not exceeding twelve months, if two Medical Practitioners make statutory declarations to the following effect :I, in the Colony of Victoria, do solemnly and sincerely declare (1.) That I am a legally-qualified Medical Practitioner. (2.) That I have seen and examined present suffering from the habitual use, in excess, of intoxicating drinks. (3.) That I am of opinion that the said requires curative treatment

of

in a retreat, as defined in "The Inebriates' Act, 1872."

who is at

And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act of Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt purjury.

Declared before me at
Colony of Victoria this

in the day of

Persons present at Death to give Particulars of Death.-Every person present at the death, or in attendance during the last illness of any person dying in Victoria, or in the case of the death, illness, inability, or default of all such persons, the occupier of the house or tenement in which any death shall have happened, shall, within sixty days next after the day of such death, give notice and information to the Deputy-Registrar of the particulars required to be known and registered touching the death of such person. And every person by whom the information contained in any register of deaths shall have been given, shall, at the time of giving such information, sign or attest his name, description, and place of abode, in the register, and no register or certificate of register of deaths shall be given in evidence, which shall not be signed or attested by some person professing to be the informant.

Penalties. Every person hereby required who shall refuse or without reasonable cause neglect to give such notice or information as aforesaid, either by himself or a duly authorised agent, shall for every such offence forfeit a sum not exceeding Ten Pounds. And every person who shall wilfully make, or cause to be made, for the purpose of being inserted in any register of deaths, any false statement touching any of the particulars hereby required to be known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury.

Accidental Errors.—No person charged with the duty of registering any death, who shall discover any error to have been committed in the form or substance of any such entry, shall be deemed to be guilty of any offence, or to be liable to any penalties, if, within six months next after the discovery of any such error, in the presence of the inmate of the house where the death registered may have occurred, or in case of the death or absence of the respective parties, then in the presence of the Deputy Registrar or of two credible witnesses who shall respectively attest the same, he shall correct the erroneous entry according to the truth of the case by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereunto the day of the month and year when such correction shall be made, and shall make the like marginal entry attested in like manner in the form to be transmitted, by him, or in case such last-mentioned form shall have been already transmitted, shall make and transmit in like manner a separate certified copy of the original erroneous entry and of the marginal correction therein made.

THE CONSERVATION OF PUBLIC HEALTH ACT (1878).
(42 Vic., No. 631.)

Hospitals.-The Governor may appoint any hospital receiving aid from the Consolidated Revenue, or any ward thereof, a place in which persons may, under this Act, be placed for medical treatment.

Diseased Female to place herself in Hospitul.-Upon complaint made on oath by a sergeant of police, or by an officer of a higher rank in the police force, that a female is reputed to be a common prostitute, and he has reason to believe that she is

suffering from the disease, a police magistrate may direct such female to place herself in a hospital to be named, for medical treatment, unless she can prove by the evidence of some legally-qualified Medical Practitioner that she is free of disease.

Female to be Detained until Cured.-Any female placed in a hospital under warrant as aforesaid, shall be there detained for medical treatment until the medical officer in charge of such hospital shall give her a certificate in writing that she is cured of the disease, and may safely be discharged from such hospital, provided that the term for which such female shall be detained shall not exceed three months.

Female may Appeal for her Discharge.-If any female detained in a hospital for medical treatment as aforesaid shall consider herself entitled to be discharged therefrom, and the medical officer in charge of the hospital refuses or neglects to give her a certificate as aforesaid, such female shall, at her request, be conveyed before a police magistrate, who, on proof of her being free from the disease, shall order her to be discharged from such hospital.

PUBLIC HEALTH AMENDMENT STATUTE, 1883.

(47 Vic., No. 782.)

CENTRAL AND LOCAL BOARDS OF HEALTH.

Appointment of Central Board.-The Governor in Council may appoint any number of persons not exceeding nine to be called the Central Board of Health; and such board shall have and execute under the direction of the Minister all the powers and duties vested in or imposed upon such board by this Act; and the Governor in Council may from time to time at his pleasure remove all or any of the persons so appointed and appoint others in their stead; and the powers and duties vested in the said board may be exercised and executed by a quorum thereof, of not less than five members.

President or Chairman of Central Board.-The Governor in Council shall appoint one of the members of the Central Board to be the President thereof. In the event of the absence of the President from any meeting, the members present shall elect one of their number to be Chairman of such meeting; and at all meetings of the said board the President or Chairman shall have a vote and in case of an equality of votes shall also have a casting vote; and during any vacancy in the said board whether of the office of President or not, the continuing members or member may act as if no vacancy had occurred.

Officers of Central Board.-The Governor in Council may appoint and remove a Secretary, Inspectors, and such other officers of the Central Board of Health as may be deemed necessary for the purposes of this Act, and the qualifications of every such officer shall be approved of by the said board before his appointment.

Documents Signed by Secretary to be Evidence.-All documents whatever purporting to be issued or written by or under the direction of the Central Board and purporting to be signed by the Secretary of the said board shall be received as evidence in all courts of law, and shall be deemed to be issued or written by or under the direction of the said board without further proof unless the contrary be shown.

Local Boards of Health.-The members of the Municipal Council for the time being of each city, town, borough, and shire, shall constitute the Local Boards of Health of such city, town, borough, and shire respectively.

Officers of Health.-Each local board shall appoint, subject to the approval of the Central Board of Health, a legally-qualified Medical Practitioner as officer of health of such local board's district, and may remove any such officer which such local board have appointed, and shall thereupon appoint another in his stead. Such officer of health shall be paid a sum as remuneration for his services, being not less than Ten pounds for any year, as such local board fix, and shall perform such duties and in such manner as such local board may from time to time direct, and also such as are specially prescribed by any minute or order addressed by the Central Board to such local board.

The local boards of two or more contiguous districts may with the approval of the Central Board join in the appointment of an Officer of Health, and in directing the duties to be performed by such officer, and in remunerating him to an amount not less than that herein before mentioned.

If any local board do not appoint or join in appointing an Officer of Health within two months from the coming into operation of this Act, or from the occurrence of a vacancy in such office, it shall be lawful for the Governor in Council upon a recom

mendation from the Central Board to appoint an Officer of Health for the district of such local board, and also to fix a sum as the amount of remuneration not less than that herein before mentioned which shall be paid to such Officer of Health by the local board and in default of payment may be recovered by action of debt by such officer in any court of competent jurisdiction.

Inspectors to carry out Instructions of Officer of Health.-Officers of Health are hereby empowered to give to any Inspector appointed by the local board of health of their respective districts such directions and instructions as such officers may deem necessary from time to time for the due execution of this Act.

Officers of Health to have powers of Inspectors.-Officers of Health shall in addition to the powers conferred on such officers by this Act have all the powers hereby conferred on any Inspector appointed by the local board of health of their respective districts.

Local Boards to appoint Officers.—The local Boards of Health shall from time to time appoint such Officers, Inspectors, and Servants, as may be necessary for the due carrying out of the provisions of this Act, and shall make such rules specifying the duties and conduct of such Officers, Inspectors, and Servants, as they think necessary.

No Officer to be Concerned in Contract.-No Member, Officer, Inspector, or Servant of the Central Board or of any local board shall be concerned or interested, directly or indirectly, in any bargain or contract entered into by such central or local board respectively; and if any such Member, Officer, Inspector, or Servant is so concerned or interested, or if any such Member, Officer, Inspector, or Servant under colour of his office or employment exact, take, or accept any fee or reward whatsoever other than his proper salary, wages, remuneration and allowances, he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall for each such offence incur a penalty not exceeding Fifty pounds.

PREVENTION OF ADULTERATION OF ARTICLES OF FOOD OR DRINK AND

OF THE SALE OF UNWHOLESOME FOOD OR DRINK.

Power to Purchaser of an Article of Food to have it Analysed.—Any purchaser of an article of food or of a drug shall be entitled on payment to the analyst, appointed under this Act, of a sum not exceeding Ten shillings and sixpence to have such article analysed by such analyst, and to receive from him a certificate of the result of his analysis.

Officer may obtain a Sample of Food or Drug to submit to Analyst.—Any officer of the Central Board or of any local board, or any member of the police force may at the cost of the Central Board or of the local board procure any article of food or drugs, and if he suspect the same to have been sold to him contrary to any provision of this Act shall submit the same to be analysed by the analyst of the place, being a district in which he then is, or if there be no such analyst then acting for such place to the analyst of any district where there is an analyst appointed under this Act, and such analyst shall upon receiving payment, as is provided in the last section, with all convenient speed analyse the same and give a certificate to such officer or member of the police force, wherein he shall specify the result of the analysis.

Provision for dealing with the Sample when Purchased. The person purchasing any article with the intention of submitting the same to analysis shall, after the purchase has been completed, forthwith notify to the seller, or his agent selling the article his intention to have the same analysed by the public analyst and shall offer to divide the article into three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall, if required to do so, proceed accordingly and shall deliver one of the parts to the seller or his agent. He shall afterwards retain one of the said parts for future comparison and submit the third part, if he deems it right to have the article analysed, to the analyst.

Provision when Sample is not Divided.-If the seller or his agent do not accept the offer of the purchaser to divide the article purchased in his presence, the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts, and shall cause it to be delivered either upon receipt of the sample or when he supplies his certificate to the purchaser, who shall retain the same for production, in case proceedings are afterwards taken in the matter.

Quarterly Report of the Analyst.-Every analyst shall report quarterly to the local board appointing him the number of articles analysed by him under this Act during the foregoing quarter and shall specify the result of each analysis and the

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