Mental Treatment Act

Chapter number: 
127
In force: 
No

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

This Act was repealed and replaced by Act 8 of 2006, the Mental Health Act, with effect from 16 February 2009.  The text below is reproduced for reference purposes only.

 

                                                           CHAPTER 127

 

                                                 MENTAL TREATMENT ACT

 

                                                         [3rd February, 1906]

 

Act  3/1906.

Act  5/1906.

Act  7/1942.

Act  4/1956.

Act  3/1959.

S.I.72/1971.

S.I.95/1975.

S.I.72/1976.

Act 22/1976.

Act 23/1976.

 

ARRANGEMENT OF SECTIONS

 

SECTION                                                                            

 

1.       Short title.

 

                                                                                         PART I

 

                                                                                      Preliminary

 

2.       Interpretation of terms.

3.       Saving clause.

 

                                                                                        PART II

 

                                                                  Mental Hospitals and Commissioners

 

4.       Appointment of Commissioners of Lunacy.  Fees to Commissioners.

5.       Central Board.

6.       Duties of Central Board.

7.       Regulations.

8.       Mental patients may only be maintained in a poor house with authority of the Governor.

9.       Private mental hospital to be licensed.

10.     Establishment or closing of mental hospital.

 

 

 

 

                                                                                        PART III

                                                                        Non‑criminal Mental Patients

 

11.     Patients, how received.

12.     Application for removal to hospital to be made to a Judge.

13.     Judge to interrogate applicant.

14.     Answers to be written down.

15.     Further evidence to be taken if required.

16.     Order for interim detention.

17.     Commissioner of Police may apply to Judge.

18.     Judge to remit case to Commissioners.

19.     Alleged patient to be examined by Commissioners.

20.     Commissioners to report when patient not fit to be confined.

21.     In case of difference.

22.     Issue of certificate of insanity.

23.     Report that patient is not insane.

24.     Appeal.

25.     When reference made, patient to be brought before Central Board.

26.     Central Board to grant certificate of insanity if they think proper.

27.     Order for admission to hospital to be granted by Judge.

28.     Liability of patient's relatives for his support.

29.     Order to support patient may be made on person consenting.

30.     Maintenance by Government.

31.     Order to contain certain items.

32.     Treasurer may appeal against order of maintenance.

33.     Fixing day for hearing appeal.

34.     Proceedings on appeal.

35.     Summons for arrears of maintenance.

36.     If relative unable to pay arrears, Treasury may be charged.

37.     Patient confined to be under sentence of interdiction.

38.     Patient not to be finally discharged from hopital without order of Central Board or Judge.

39.     Central Board may discharge or allow absence on trial.

40.     Person absent on trial may be retaken in certain cases.

41.     Patient may in certain cases be delivered to custody of relatives.

42.     Release of patient by Judge.

 

43.     Interdiction removed by final discharge.

44.     Expenses for burial or discharge of patient; how to be borne.

45.     Superintendent may dispose of money belonging to patients dying in the hospital.

46.     Guardian to be appointed to patient.

 

                                                                                        PART IV

 

                                                                                 Criminal Lunatics

 

47.     Admission and discharge of criminal patients.

48.     Criminal patients released on probation.

49.     Prisoners appearing insane.

50.     Misdemeanants acquitted on ground of insanity.

51.     Prisoner transferred from mental hospital to prison.

52.     Detention of patent after expiration of sentence.

53.     Regulations concerning criminal lunatics.

54.     Governor's order how signified.

 

                                                                                        PART V

 

                                                                                        Registers

 

55.     Names of patients admitted to be registered.

56.     Removal or discharge of patients to be registered.

57.     Death of patient to be registered and notified to Civil Status Officer.

58.     Medical visitation book to be kept.

59.     Case book to be kept.

60.     Visitors book to be kept.

61.     Central Board may call for copies of entries.

 

                                                                                        PART VI

 

                                                     Custody and protection of Patients in Mental Hospital

 

62.     Escape from mental hospital.

 

63.     Rescue of patient or connivance at his escape.

64.     Punishment for improper treatment of patients.

65.     False declaration as to any person's state of mind.

66.     Misconduct towards patients.

 

                                                                                ─────────────

 

Short title.              1.This Act may be cited as the Mental Treatment Act.

3/23/1976.

 

                                                                                         PART I

 

                                                                                      Preliminary

 

Interpretation         2.In this Act ‑

of terms.

2/7/1942.               "Central Board" means the Central Board of Commissioners of

S.I.95/1975.          Lunacy;

S.I.72/1976.

3/23/1976.             "criminal lunatic" means any person for whose strict custody during his pleasure the President is authorised to give order, or whom the President might direct to be removed to a mental hospital by virtue of any law, or any person sentenced or ordered to be imprisoned who may be shown, to the satisfaction of the President, to have become insane or unfit, from imbecility of mind, for penal discipline;

 

"Superintendent" means the Superintendent or officer in charge of the mental hospital;

 

all public officers referred to include the persons for the time being discharging the duties of such officers;

 

 

for the purposes of sections 28 to 36 the term "next of kin" shall include husband and wife, any relative ascending or descending, and a brother or sister if the mental patient be born in lawful wedlocks.

 

Saving                   3  Nothing in this Act contained shall restrain or affect

clause.                   the authority of the President, to give such other order for

3/7/1942.               the sale custody of any mental patient as might have been

S.I.95/1975           given if this Act had not been passed.

S.I.72/1976.

3/23/1976

 

                                                                                        PART II

                                                                  Mental Hospitals and Commissioners

 

Appointment of     4(1)         It shall be lawful for the Minister to nominate and

Commissioners      appoint for Seychelles two Commissioners of Lunacy who shall

of Lunacy.            both be duly qualified medical practitioners residing and

3/5/1906.               practising in Seychelles:

6/3/1959.

S.I.95/1975.              Provided that the Minister shall have the power, in

3/23/1976.             the event of either Commissioner of Lunacy being incapacitated from acting, to nominate some other medical practitioner as aforesaid to act in his place for any particular case for any specified period.

 

Fees to                   (2) Every Commissioner of Lunacy not being a Government

Commissioners.     medical officer appointed by the Minister or by a Judge in virtue of this Act, shall receive from the Treasury a sum of ten rupees for each patient by him.

 

 

 (3)    It shall be lawful for a Judge to order that the fees so paid by the Government to any such Commissioner of Lunacy shall be recovered from such alleged mental patient, or from such persons, body, establishment, or otherwise who, under the provisions of this Act, may be charged with the support and maintenance of such patient, and, at the instance of the Treasurer, to enforce payment of such fees by the same procedure and in the same manner as is enacted in this Act for the recovery of the cost of supporting and maintaining persons of unsound mind.

 

 (4)    No such Commissioner of Lunacy shall be entitled to his fees for the examination of a mental patient if he has not strictly complied with the requirements of this Act.

 

                               (5)    Any objection to the payment of such fees, which may be made by the Government or the party responsible for their payment, shall be determined by the Judge in chambers.

 

Central                  5  The Minister shall nominate and appoint a Central

Board.                   Board to consist of the Chief Medical Officer, a Magistrate

S.I.72/1971.          and the Registrar of the Supreme Court:

S.I.95/1975.

S.I.104/1975             Provided that the Minister shall have power in the event of any of the officers above designated being incapacitated from acting or attending to nominate some other person in his place.

 

Duties of               6(1)   The Central Board shall transact all such business as

Central                  they may be required to do under the provisions of this Act,

Board.                   and shall keep a minute book in which shall be entered,

S.I.95/1975.          regularly, under their directions, minutes of all their

3/23/1976.             proceedings.

 

 (2)    It shall be lawful for the Minister from time to time to order the Central Board to inspect the mental hospital or other places where any mental patients may be kept and treated in Seychelles, and to report to him as to the condition and treatment of the mental patients in the same, respectively, and as to any other matters which they may deem expedient to notice.

 

Regulations.          7.It shall be lawful for the Central Board from time to

S.I.95/1975.          time to make regulations for carrying out the purposes of this

 

3/23/1976.             Act, and also for the care, treatment, lodging, and dietary of the patients in the hospital.  Such regulations shall be approved, amended, or disallowed by the Minister, and, after publication, as approved, in the Gazette, shall have the same force of law and be equally binding and valid as if they has been contained in this Act.

 

Mental                   8.No mental patient shall be kept or maintained in any

patients may          poor house without the consent of the Minister in writing

only be                  first obtained, and under such special conditions as may be

maintained            imposed in such consent.

 

in a poor                    It shall be the duty of the officer in charge of the

house with             poor house to report to the Attorney General if any person in

authority of           such poor house shall become of unsound mind.

the Minister.

S.I.95/1975.

 

Private                   9.No person shall keep or open any private mental

mental                   hospital or any house for the reception or treatment of two or

hospital to             more mental patients in Seychelles without having first

be licenced.           obtained a licence so to do, under the hand of the Minister,

S.I.95/1975.          under a penalty not exceeding one thousand rupees, and any person who shall persist in keeping open any such hospital or house after notice from the Attorney General that he is liable to such a penalty and that he will be prosecuted for the same, shall incur a further penalty of one thousand rupees, for each and every patient kept and maintained in the same.

 

Establishment        10.    It shall be lawful for the Minister by proclamation to

or closing of          declare that any place shall be or shall cease to be used as a

mental                   mental hospital; and, thereupon, any laws in force concerning

hospital.                a mental hospital shall apply, or cease to apply, as the case

S.I.95/1975.          may be, to any such place.

 

                                                                                        PART III

                                                                        Non‑Criminal Mental Patients

 

 

Patients,                 11.    No patient shall be received into the mental hospital

how                       in Seychelles unless accompanied by an order under the hand of

received.               a Judge, and in the form of Schedule G.

 

Application           12.    Before any patient shall be received into the mental

for removal           hospital, the person at whose instance it shall be sought to

to hospital             remove him shall apply to the Registrar of the Court, stating

to be made            his desire to obtain an order for the removal of such patient:

to a Judge.             and, thereupon, the Registrar shall provide such person with a

6/3/1959.               printed form of request to a Judge, according to the form in

Schedule A, in which printed form the Registrar, at the dictation of such person, shall insert and fill up the several particulars therein required to be specified, and the said person shall sign the same, or, if unable to write, shall put his mark thereto, which make shall be attested by the Registrar; and the said person shall then present the said request to the Judge.

 

Judge to                 13(1)Thereupon the Judge shall put the following questions

interrogate             to the said person upon oath:‑

applicant.

6/3/1959.                   Does he believe that the alleged mental patient in the request is insane?

What are the grounds of his belief?

What are the reasons why he desires the removal of the alleged patient, in the request, to the mental hospital?

Whether he or any other person is willing to pay or contribute towards the maintenance of the alleged patient, in the mental hospital?

Who are the next of kin of the alleged mental patient?

And (if he have any next of kin within the degrees or relationship hereinbefore specified), whether they are able to pay or contribute towards his maintenance in the mental hospital?

And (if the alleged patient be of full age), whether he has any property or means of subsistence?

 

 

  (2)   The Judge shall, at his discretion, put any such further questions to the said person as he may deem expedient in order to ascertain whether the alleged mental patient is a proper subject to be examined by the Commissioners of Lunacy in the manner hereinafter mentioned.

 

Answers to            14.    The Judge shall cause the answers to the questions

be written              aforesaid to be taken down in writing and read over to the

down.                    said person, and shall require him to sign his said

6/3/1959.               deposition, or to put his mark to the same, if unable to write; which mark shall be attested by the signature of the Registrar, or of some other attesting witness.

 

Further                  15(1)The Judge shall have the power to make any further

evidence to            inquiries, and to require the production of any further

be taken if             evidence upon any of the matters, that he may deem necessary.

required.                And the evidence of all other witnesses shall be taken in the

6/3/1959.               same manner and with the same formalities as above specified.

 

  (2)   The Judge shall also, if he think fit, require the alleged mental patient to be brought before him privately, to be examined, or he shall at his discretion go to the residence of the alleged patient and there examine him in such manner as he shall think proper.

 

Order for               16(1)It shall further be lawful for the Judge, at any stage

interim                   of any application for the removal of the alleged mental

detention.              patient to the mental hospital, and either proprio motu or

6/3/1959.               at the request of the person making such application, if it shall be shown to his satisfaction that the alleged patient is a person whom it is expedient to put under immediate confinement, to make an order for the interim detention of such alleged patient.

 

 

  (2)   The said order shall be, as nearly as may be, in the form provided in Schedule B and shall direct the detention of such alleged mental patient in the Central Prison, or mental hospital, or in some other specified place of security for a period which shall not exceed fourteen days at a time.

 

  (3)   At the expiry of any such period of fourteen days as aforesaid, it shall be lawful for the Judge, in case of need and on good cause shown, to enlarge the order of detention for a further period not exceeding fourteen days.

 

  (4)   Whenever the Commissioners of Lunacy or the majority of them have reported on the form prescribed in Schedule D that the alleged mental patient is insane or report has been made by them that he is sane or not a proper person to be confined, the Judge shall forthwith issue a written order, as the case may be, either for the immediate release of the alleged patient, or for his removal from the place of interim detention to the mental hospital.

 

  (5)   It shall be lawful to any person to whom such order of interim detention shall be addressed to convey the alleged mental patient therein mentioned to the specific place of detention, and there to detain him during the period specified in the said order, unless, previous to the expiry of such period, the release of the alleged mental patient or his removal to the mental hospital be ordered in the due court of law.

 

Commissioner       17.    Whenever the Commissioner of Police shall have reason

of Police                to believe that any person is of unsound mind and ought to be

may apply to         put under restraint, the Commissioner of Police shall signify

a Judge.                 such opinion in writing to a Judge, who shall forthwith refer

6/3/1959.               the matter to the Commissioners of Lunacy, and make an order upon them in the manner and terms hereinafter provided; and the Commissioners of Lunacy shall thereupon proceed to inquire into the mental and bodily health of such person:

 

 

Provided that the Judge before granting such order shall put to the commissioner of Police the whole, or such part, as he may deem proper, of the questions mentioned in section 13, a shall cause the answers thereto to be written down and attested as aforesaid.

 

Judge to                 18 (1)      Whenever the Judge shall be of opinion that any case

remit case              brought before him by any private persons or by the

to Commi‑             Commissioner of Police is a proper one to be sent before the

ssioners.                Commissioner of Lunacy he shall make an order in the form in

6/3/1959.               Schedule C requiring the Commissioners of Lunacy to meet at a specified place to examine the alleged mental patient on a day and at an hour to be specified in such order.  Such day shall be, as far as possible, not more than three days from the date of such order.

 

                                (2)   The Judge shall forthwith cause the said order to be transmitted, together with the request and the evidence taken    before him, to the Commissioners of Lunacy.

 

Alleged                  19     Whenever the Commissioner of Lunacy shall receive an

patient to be          order of the Judge for the examination of an alleged mental

examined by         patient, they shall meet at the time and place specified in

Commis‑               such order, and shall personally inspect and examine the

sioners.                  person named in such order, and shall consider the evidence

6/3/1959.               taken before the Judge.  And if they shall be agreed in opinion that the said person is insane and a proper person to be confined, they shall draw up and sign a certificate to that a full statement, as directed in Schedule D, to which certificate they shall subjoin a full statement, as directed in Schedule E, with respect to the mental and bodily condition of the said person,and they shall without delay transmit the same to the Judge together with the documentary evidence taken before the Judge and submitted to them.

 

Commis‑               20     If the Commissioners of Lunacy shall be agreed in

sioners to               opinion that the said person is not insane, or that, being

report when           insane, he is not a fit person to be confined, they shall

patient not             report fully to the Judge as to the mental and bodily

 

fit to be                 condition of the said person, and shall in such report state

confined.               fully the grounds of such opinion.

6/3/1959.

 

In case of              21     In the case the Commissioners of Lunacy shall differ

difference.            in opinion as to the insanity of the said person, they shall

6/3/59.                   report accordingly to the Judge, and, thereupon, the Judge shall appoint a Government medical officer as third Commissioner in Lunacy for the purpose of the examination of such person, and shall transmit to him an order in the form in Schedule F, requiring him to meet the Commissioners so differing in opinion  at a specified place to examine the alleged mental patient within three days from the date of such order and on a day and at an hour to ne specified in the same.  He shall also at the same time give notice of the issuing of such order to the two Commissioners so differing in opinion, and thereupon the three Commissioners shall meet at the time and place specified in the order and shall inspect and examine the alleged mental patient, and, after due consideration of the evidence taken before the Judge in the case, shall report upon the case in the manner hereinafter specified, and shall transmit their reports and all the documentary evidence submitted for their consideration to the Judge.

 

Issue of                 22.    If two of the three Commissioners of Lunacy shall be

certificate of          agreed in opinion that the alleged mental patient is insane

insanity.                and a proper person to be removed, they shall draw up and sign a certificate to that effect, as nearly as possible in the form in Schedule D, to which certificate they shall subjoin a full statement of the mental and bodily condition of the alleged patient, and they shall also fully state the grounds of their opinion that the alleged patient is insane.  The Commissioner differing in opinion with them shall, in like manner, report fully, as directed in Schedule E, as to the mental and bodily condition of the alleged mental patient, and shall state the ground of his difference of opinion.

 

Report that            23.    If two of the three Commissioners of Lunacy shall be

patient is                agreed in opinion that the alleged mental patient is not

not insane.             insane, or that, being insane, he is not a fit person to be confined, they shall report fully as to the mental and bodily condition of the alleged patient, and shall in such report fully state the grounds of their opinion; and the commissioner, differing in opinion, shall in like manner report, stating the grounds of his difference of opinion.

 

Appeal.                 24(1)Whenever the two Commissioners of Lunacy, or any two

6/3/1959.               of the three Commissioners having met together, as hereinbefore provided, shall have reported to the Judge that an alleged mental patient examined by them is not insane, is not a proper person to be confined, and the person at whose instance it is sought to remove such patient to the mental hospital, or any one of the relations of such alleged patient, shall feel dissatisfied with such report, it shall be lawful for such person or such relation to make application to the Judge, requesting him to refer the case for the consideration of the Central Board; and, if the Judge shall be satisfied that the person so making application to him is not actuated by any improper or corrupt motives in making such application, he shall refer the case to the Central Board, and shall, at the same time, transmit to the Central Board certified copies of all the documents connected with the case.

 

  (20  Whenever two Commissioners of Lunacy shall have reported to the Judge that an alleged mental patient is insane, and such alleged patient or any of his relations or friends shall be dissatisfied with such report or with any order of admission to the mental hospital, it shall be lawful for such alleged mental patient or such relation or friends to make application to the Judge, requesting him to refer the case for the consideration of the Central Board; and the Judge shall then proceed in the manner provided by subsection (1).

 

 

  (3)   In any case provided for by his section it shall be lawful for the Judge to suspend the order of admission or detention of the alleged patient until the report of the Central Board has been received, if he shall think that such suspension shall not be prejudicial to the health of the alleged patient or be dangerous to the public, or to make such other order in the matter as may be just for the protection of the alleged patient or of the public.

 

When                    25(1)Upon any reference specified in section 24 being

reference               granted, the alleged mental patient shall, under an order

made, patient         signed by the Judge, be brought before the Central Board, to

to be brought         be inspected and examined on a day for that purpose to be

before                   fixed by the Central Board, and made known to the Judge.

Central

Board.                     (2)   At every such inspection and examination of an alleged

6/3/1959.               patient, the Superintendent shall be present, and shall assist the Board in deciding on the case, but shall not vote upon the question.

 

  (3)   The fact that a Government medical officer has acted as third Commissioner of Lunacy under section 21 shall not prevent him from sitting as a member of the Board and voting upon the question.

 

Central                  26     If the Central Board, upon a personal inspection and

Board to                examination of the person so sent before them, and upon

grant                      consideration of the several documents transmitted to them by

certificate,             the Judge, with any further information which they may deem

of insanity             proper to take on the subject, shall be of opinion that the

if they think          alleged patient is insane and a proper person to be confined,

proper.                  they shall transmit a certificate under their hands to that

6/3/1959.               effect to the Judge.

 

 

Order for               27.    Whenever the Judge shall receive a certificate from two Commissioners of Lunacy in the case respectively hereinbefore mentioned, or from the Central Board under the provisions of section 26, that any patient inspected and examined by them is insane and a proper person to be confined, he shall make out an order in the form in Schedule G, for the admission of such patient into the mental hospital, and he shall deliver such order to the person at whose instance it shall be sought to remove such patient or to some other relative or friend of the patient applying for the same, or    to such other person as he may prefer for the purpose, and such order shall be sufficient authority to the person named therein to convey the said mental patient to the mental hospital named therein and also to the Superintendent thereof to receive the said patient.

 

Liability of            28     In case it shall be made to appear to the Judge that

patient's                 the patient has any next of kin in sufficient good

relatives for           circumstances to be able to maintain him or contribute to his

his support.           support, the Judge shall on application grant a summons

6/3/1959.               against such next of kin to appear before him and show cause why an order should not be made charging him or them with the maintenance or support of the person; and the Judge shall either determine the question as to the said liability of such next of kin at the time of pronouncing the order of removal hereinbefore mentioned, or adjourn to some future day the said question of liability.

 

Order to                 29     If any person so summoned shall appear before the

support                  Judge, and shall consent to pay for the maintenance or support

patient may           of the patient in case of removal, or if any of the next of

be made on           kin as hereinbefore mentioned being so summoned shall appear,

person                   and shall not prove to the satisfaction of the Judge his

consenting             inability to maintain or support the patient, or if any such

6/3/1959.               next of kin being so summoned shall not appear, the Judge shall charge such next of kin with the maintenance of the patient in the mental hospital, in the form in Schedule H.

 

Maintenance          30     In case it shall appear to the Judge that the patient

by Government.    has no next of kin who are able to maintain or support him,

 

6/3/1959.               and that there is no other person willing to pay for his maintenance and that the alleged patient has no means of subsistence available for his maintenance and support, the Judge shall charge the Treasury with the maintenance of the patient, in the form in Schedule I.

 

Order to                 31     The Judge shall specify in the order of removal or in

contain                  any subsequent order to be pronounced by him, whether the

certain items.         patient named therein is to received and maintained as a

6/3/1959.               pauper mental patient, or as a private patient, the Judge shall also specify in such order or subsequent order the name and place of abode of the person charged with the maintenance or support of the patient.  He shall also in all cases when the documents relating to a patient have not already been transmitted to the Central Board, as soon as may be, after giving such an order, transmit to the Central Board certified copies of all the documents connected with the case of the alleged patient named in such order.

 

Treasurer               32     Whenever the Treasury shall have been charged with the

may appeal            maintenance of any mental patient under section 30, and the

against order          Treasurer shall have reason to think that such patient has any

of                          next of kin able to maintain him or contribute to his support,

maintenance.         he shall have the right of appealing against such order, by

6/3/1959.               giving in the form in Schedule J, which notice shall specify the name and place of abode of the next of kin sought to be charged with the maintenance or support of the patient, and also his degree of relationship to the patient.

 

Fixing day             33.    The Judge, on receipt of such notice of appeal, shall

for hearing            appoint a day and hour for the hearing of the appeal, and

appeal.                  shall summon the next of kin named in the notice of appeal to

6/3/1959.               appear before him at the time so appointed, and to show cause why he should not be charged with the maintenance or support of the patient.

 

Proceedings           34.    At the time appointed, the Judge shall proceed to hear

 

on appeal.             the appeal.  The appellant or any person authorised to appear

6/3/1959.               on his behalf shall have power to examine under oath the next of kin so summoned as to his circumstances, and as to his ability to support the patient, and may also at his discretion adduce any other evidence in proof of his appeal; and if the Judge, after considering the evidence on both sides, or the evidence on behalf of the patient, he shall cancel his former order, and shall make a fresh order in the form in Schedule H, charging such next of kin with the maintenance or support of the patient.

 

Summons              35.    Whenever any person chargeable under an order of the

for arrears             Judge with the maintenance or support of any mental patient

of                          shall have been two months in arrear of payment of the monthly

maintenance.         sum leviable upon such order, it shall be lawful for he Judge,

6/3/1959.               upon complaint made by the Treasurer, to issue a summons requiring such person to appear before him to show cause why he is so in arrear; and, unless it shall be proved to the satisfaction of the Judge that the person summoned is unable to pay the said sum in arrear, the Judge shall have power to enforce the payment of the same together with all costs incurred in the making and hearing of such complaint by distress and sale of the goods and chattels of such person, and the Judge shall forthwith issue a warrant of distress in the form of Schedule K, which shall be executed by one of the ushers of the court within ten days from the issuing of such warrant if the said arrears and costs be not sooner paid.

 

If relative              36.    If it shall be proved to the satisfaction of the Judge

unable to               that the person summoned is not able to pay such arrears, and

pay arrears,           is no longer able to maintain or support the patient, the

Treasury                Judge shall have the power to cancel his former order charging

may be                  such person with the maintenance or support of the patient,

charged.                and, if there be no other next of kin able to maintain him,

6/3/1959.               shall make an order in the form in Schedule I upon the Treasury charging it with the payment of such arrears, and also with the future maintenance of the patient.

 

Patient                   37.    From the time when any patient shall be confined in a

confined to            mental hospital under an order of the Judge until his final

be under                discharge, such patient shall be deemed to be under sentence

sentence of            of interdiction in the same manner and subject to the same

interdiction.           rules of law to all intents and purposes as laid down in the

6/3/1959.               Civil Code of Seychelles regarding interdiction of persons of unsound mind.

 

Patient not             38.    No patient received into the mental hospital under an

to be finally           order of the Judge shall be finally discharged therefrom

discharged             except by order of the Central Board or any two of their

from hospital         number as hereinbefore provided, and under a certificate in

without order         the form of Schedule L, or by an order of the Judge after a

of Central              personal examination of such mental patient brought up under a

Board or                writ of habeas corpus.  Such examination shall be made in

Judge.                    the presence of the Judge by two qualified medical

6/3/1959.               practitioners who shall be for that purpose named by the Judge, and who may be the Commissioners of Lunacy, if no other medical practitioners are available.

 

Central                  39(1)It shall be lawful for the Central Board or for any

Board may            two of their number either finally to discharge any person

discharge or           detained in the mental hospital, in the manner above

allow                     specified, or to permit, after having obtained a report from

absence on            the Superintendent, any such person to be absent from the

trial.                       hospital on trial for such period as they may think proper, not being longer than six months from the date of such order:

 

Provided that such order may be renewed from time to time at the discretion of the Central Board or any two of their number.

 

 

  (2)   Every such permission shall be recorded by the Superintendent in a book kept by him for that purpose and such other purposes as shall be prescribed in any regulations to be made, approved, and published as provided in section 7.  Such book shall be called the central register, and shall at all times be kept ready for inspection and search by all persons whatever.

 

  (3)   Every such permission may at any time be withdrawn by the Central Board, or any two of their number, and a note of the withdrawal of such permission shall also be inserted in the central register.

 

Person                   40(1)In case any person who shall be absent on trial upon

absent on               any such order or renewal thereof shall not return at the

trial may be           expiration of the original or prolonged period thereof, such

retaken in              person may, by virtue of an original order for his detention,

certain cases.         be retaken at any time, in the same manner as hereafter provided in the case of an escape.

 

  (2)   When any permission of absence shall be withdrawn, the patient may be retaken by virtue of an original order for his detention.

 

Patient may           41(1)Where application is made to the Central Board by any

in certain               relative or friend of a mental patient detained in the mental

cases be                 hospital requiring that he may be delivered over to the

delivered to           custody and care of such relative or friend, it shall be

custody of             lawful for the Central Board, or any two of their number,

relative.                 after having obtained a report from the Superintendent, temporarily to release such patient, if they shall think that the same can be done without danger to himself or to the public, and entrust him to the care of a person to be named in the order of release.  Such person shall give security, to the satisfaction of the Central Board, for the proper care of the said mental patient and shall afford all facilities which the Central Board may deem necessary to any person appointed by the Central Board to ascertain that the patient is properly cared for.  Such order may at any time be rescinded by the Central Board.

 

 

  (2)   In the case of a pauper mental patient, such temporary release shall only be granted upon the undertaking in writing of such relative or friend, to the satisfaction of the Central Board, that such patient shall be no longer chargeable to the Treasury.

 

Release of             42.    In the case of any mental patient other than a

patient by              criminal lunatic, it shall be lawful for a Judge to order the

a Judge.                 temporary release of any such person although he may not be

6/3/1959.               cured and entrust him to the care of his relatives or friends for the purpose of his removal beyond the sea or of his treatment in a private house, provided that the Judge shall be satisfied that such patient is not a dangerous person, or that such discharge may not be to the prejudice of the said patient.

 

Interdiction            43(1)The final discharge of any such mental patient under

removed by           the certificate of the Central Board or by order of the Judge

final                      shall have the same effect to all intents and purposes as the

discharge.              removal of a sentence of interdiction, and such patient

6/3/1959.               without any other formalities shall resume the full exercise of his rights.

 

  (2)   The absence on trial of any such patient shall not have any effect ins suspending the interdiction.

 

Expenses for         44.    On the death or discharge of any mental patient from

burial or                the mental hospital, the necessary expenses attending the

discharge of          burial or discharge of such patient shall be borne by the

patient;                  person who at the time shall be chargeable with his

how to be              maintenance.  In the case of a pauper mental patient, such

borne.                    expenses shall be borne by the Treasury.

 

Superintendent      45.    Whenever any mental patient to whom no guardian or

may dispose of      sub‑guardian (subrogé‑tuteur) shall have been appointed,

money belonging   shall die in the mental hospital, and any money or personal

to patients              property of any description whatsoever belonging to such

dying in the           deceased person, and not exceeding in the whole the value of

 

hospital.                one hundred rupees, shall come into the hands of the Superintendent, it shall be lawful for the Superintendent to deliver up such money or personal property to any person who shall satisfy the Superintendent that he is lawfully entitled to claim the same, and the delivery as aforesaid by the Superintendent of such money or personal property, shall be valid and effectual with respect to any demand of any other person claiming the same as next of kin or as lawful representative of the decreased, or upon any other ground of law.  But such next of kin or other person claiming to be the lawful representative of the decreased shall have remedy for such money or personal property against the person or persons who received the same.

 

Guardian to           46     Within one calendar month after the removal of any

be appointed         mental patient, not being a married woman or pauper patient,

to patient.              to the mental hospital, a guardian and a sub‑guardian (subroge‑tuteur) shall be appointed for such patient in the form and manner provided by the Civil Code of Seychelles.

 

                                                                                        PART IV

 

                                                                                 Criminal Lunatics

 

Admission             47(1)Sections 11 to 42 concerning the admission and

and discharge        discharge of a mental patient into or from the mental hospital

of criminal            shall not apply to criminal lunatics.

lunatics.

S.I.23/1976.            (2)   Any such lunatic shall be admitted into the mental

S.I.72/1976.          hospital and discharged therefrom only upon an order of the President.

 

Criminal                48.    It shall be lawful for the President to permit any

lunatics                  criminal lunatic confined in the mental hospital to be absent

released on            from the hospital upon trial for such period as he may think

probation.              fit, or to permit any such lunatic to be absent from the

S.I.95/1975.          hospital upon such conditions in all respects as to the

 

S.I.72/1976.          President shall seem fit, and in case any person so prmitted to be absent upon trial for any period, do not return at the expiration of such period, or in case any of the conditions on which any person is so permitted to be absent be broken, the person not returning at such expiration or absent after any such condition has been broken, as the case may be, may be retaken as hereafter provided in the case of an escape.

 

Prisoners               49(1)If any person while imprisoned in any prison or other

appearing              place of confinement under any sentence of death or

insane.                   imprisonment in lieu of a fine or imprisonment or under a

6/3/1959.               charge of an offence or for not finding bail for good

S.I.95/1975.          behaviour or to keep the peace or to answer a criminal charge

42/32/1976.           shall appear to be insane, it shall be lawful for a Judge to appoint the Commissioners of Lunacy to inquire and report as to the insanity of such person in the form and manner enacted in sections 18 to 26.

 

  (2)   Instead of making an order of removal, the Judge shall draw up a report stating his opinion that the said person is a fit person to be transferred to the mental hospital.

 

  (3)   A copy of the said report and of all proceedings and evidence in the matter certified by the Registrar shall forthwith be transmitted in duplicate to the President for his order that the prisoner be removed or not to the mental hospital.

 

  (4)   In case of removal to the mental hospital, one of the duplicate copies shall be forwarded by the Principal Secretary designated for the purpose by the President to the Superintendent.

 

Misdemeanants     50.    In cases where evidence is given by any witness upon

acquitted on          the trial of any person before the court charged with any

ground of              crime or misdemeanour, that such person was insane at the time

insanity.                of the commission of such offence and such person shall be

S.I.95/1975.          acquitted, the court is hereby required to find specially

 

S.I.72/1976.          whether such person was insane at the time of the commission of such offence and to declare whether such person was acquitted on account of such insanity; and, if it shall find that such person was insane at the time of committing such offence, the court shall order such person to be kept in strict custody in such place and in such manner as to the court shall seem fit during the Presidents pleasure; and it shall thereupon be lawful for the President to order that such person be remanded to the Central Prison or other lawful place of confinement.

 

Prisoner                 51.    In case the Central Board shall report to the

transferred             President that a criminal lunatic confined in the mental

from mental          hospital has become of sound mind but that the time for which

hospital to             such person was sentenced to be imprisoned has not expired, it

prison.                   shall be lawful for the Minister to order that such person be

S.I.95/1979.          remanded to the Central Prison or other lawful place

S.I.72/1976           confinement.

 

Detention of          52.    When by reason of the expiration of his term of

patient after           imprisonment or otherwise a person confined in the mental

expiration of         hospital would be entitled to his discharge if duly certified

sentence.               to have become of sound mind, it shall be lawful for the

S.I.95/1975.          President to order the detention of such person in the mental

S.I.72/1976.          hospital if he shall not have been certified to be of a sound mind, subject to the same care and treatment and the same conditions as to his discharge as patients not being criminal lunatics.

 

Regulations           53.    It shall be lawful for the President from time to time

concerning            to make regulations for the care and treatment of criminal

criminal                 lunatics or their admission to or discharge from the mental

lunatics.                 hospital.

S.I.95/1975.

S.I.72/1976.

 

Governor's            54     Any order, authority, or permit which the President

order how              shall give by virtue of this law or any other law authorising

 

signified.               him to order any person to be kept in strict custody on the

S.I.95/1975.          ground of insanity may be signified by letter of the Principal

S.I.72/1976.          Secretary designated for the purpose by the president and any

42/22/1976.           such letter shall be deemed sufficient evidence of any such order, authority, or permit as aforesaid having been given by the President, and sufficient authority to comply with the directions of such letter in the same manner as if such directions were contained in any order, authority, or permit signed by the President and sealed with the seal of the Republic.

 

                                                                                        PART V

 

                                                                                        Registers

 

Names of              55.    On admitting any patient into the mental hospital the

patients                  Superintendent shall, within two days after reception of such

admitted to            patient, make an entry with respect to such patient in a book

be registered.         to be kept for that purpose, and to be called the book of admissions, according to the form and containing the particulars in Schedule N so far as he can ascertain the same, except as to the form of the mental disorder, which entry shall be made when the same shall be known; and except also as to the discharge or death of the patient; which entries shall be made when the same shall happen.

 

Removal or           56.    Whenever any patient shall be removed or discharged,

discharge of          or permitted to be absent from the mental hospital, the

patients to              Superintendent shall, within two clear days next after such

be registered.         removal, discharge, or permission of absence, make an entry thereof in a book to be kept for that purpose, according to the form and stating the particulars in Schedule O, and shall also within the same two days transmit a written notice containing the said particulars to the Central Board.

 

Death of                57.    In case of death of any patient in the hospital, a

patient to               statement of the cause of the death of such patient, with the

 

be registered          name of any person present at the death, shall be drawn up and

and notified           signed by the Superintendent, and a copy thereof, duly

to civil                   certified by him shall be transmitted by him to the Central

status officer.        Board and to the officer of the civil status for the district within which the hospital shall be situated.

 

Medical                 58.    The Superintendent shall, once every week, enter and

visitation               sign in a book to be kept for that purpose, to be called the

book to be             medical visitation book, a report according to the form in

kept.                      Schedule P, showing the date thereof, and also the number, sex, and state of health of all the patient then in the hospital, the Christian name and surname of every patient who shall have been under restraint or in separate confinement, or under medical treatment since the date of the last preceding report, the condition of the hospital, and every death, injury, whether accidental or not, and act of violence, which shall have happened to or affected any patient since the then last preceding report.

 

Case book to         59.    The Superintendent shall also kept a book to be called

be kept.                 the case book, in which he shall from time to time make entries of the mental state and bodily condition of each patient and of the medicine and other remedies prescribed for the treatment of his disorder; and it shall be lawful for the Central Board from time to time by any order under their hands to direct the form in which such case book shall be kept or to allow entries in certain form to e made in the medical visitation book in lieu thereof; and immediately after such order shall have been transmitted to the Superintendent the Superintendent shall thereupon keep such case book or make such entries in lieu thereof in the form which shall be directed by such order.

 

Visitors book         60.    The Superintendent shall also kept a book to be called

to be kept.             the visitors' book, in which the Central Board and any visitor

 

S.I.95/1975.          or visitors directed by the Minister to visit the hospital shall at the time of their respective visitations enter the result of their inspections and inquiries with such observations (if any) as they may think proper.

 

Central Board        61.    It shall also be lawful for the Central Board,

may call for           whenever they shall see fit, to require the Superintendent, by

copies of               an order in writing under their hands, to transmit to them a

entries.                  correct copy certified by him of entries in any case book to be kept as hereinaforesaid relative to the case of any patient who is or shall have been confined in the mental hospital.

 

PART VI

CUSTODY AND PROTECTION OF PATIENTS IN MENTAL HOSPITAL

 

Escape from          62.    In the case of the escape of any person confined as a

mental hospital      patient in the mental hospital, such person may be retaken at

S.I.95/1975.          any time by the Superintendent or any officer or servant belonging to the hospital, or any person acting under the orders of the said Superintendent or assisting him such officer or servant, or by any other person authorised in this behalf by the Minister, and may be conveyed to, and received and detained in, the mental hospital.

 

Rescue of              63     Any person who shall rescue any mental patient or

patient or               criminal lunatic during the time of his conveyance to the

connivance at        hospital or of his confinement therein, and any officer or

his escape              servant in the hospital who, through wilful neglect or connivance, permits any person confined therein to escape therefrom, or secrets, or abets or connives at the escape of any such person, shall be guilty of an offence, and, shall be liable on conviction to imprisonment for any term not exceeding five years; and any such officer or servant who carelessly allows such person to escape as aforesaid shall be liable to a fine not exceeding two hundred rupees.

 

Punishment           64.    Any Superintendent, keeper, or attendant, or other

for improper          person employed in the mental hospital in the care,

treatment of           management, or treatment of the patients therein, who shall be

 

patients.                 guilty of any act of neglect or cruelty towards any patient, shall be deemed guilty of a misdemeanour; and on conviction, shall  be sentenced to imprisonment for a period not exceeding two years.

 

False                      65.    Any person who shall knowingly make false declaration

declaration            before the Judge as to state of mind of any other person with

as to any                intent to cause the removal of such person to the mental

person's state         hospital, or who shall give any false evidence before the

of mind.                Judge upon any inquiry before him as to the state of mind of

6/3/1959.               any person, shall be liable to a criminal information for false testimony, and shall be liable upon conviction to imprisonment of either description for a period not exceeding ten years.

 

Misconduct           66.          If any person being a male, shall take any indecent

towards                 liberty with any female mental patient or idiot, who shall be

patients                  an inmate of the hospital, whether with or without her consent, or if any person shall assist any such person to take such indecent liberty, such person so offending shall be guilty of a misdemeanour, and, if an officer or servant of the hospital, shall ne liable to imprisonment of either description for any term not exceeding five years, or, if not an officer or servant of the hospital, to imprisonment for any term not exceeding two years.

 

                                                                                   SCHEDULE A

                                                                                   (SECTION 12)

                                                                             REQUEST TO JUDGE

 

I, the undersigned hereby request you to order the Commissioners of Lunacy to proceed to .................. in the District, there to inspect and examine  the said ........................ who is now of unsound mind, and to report to you upon the mental and bodily condition of the said ..................., as I am desirous that the said ..................... should be admitted as a patient into the ........................ mental hospital.  Subjoined is a statement respecting the said ........................................................

 

 

                                             (signed) Name ..............................

Occupation ................ place of abode ......................... degree of relationship (if any) or other circumstances of connection with the patient.

 

Name of patient with Christian name in

full, with class of population to which

patient belongs.

 

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   ...   ...   ...  ...

Duration of existing attach     ...   ...  ...

Whether first attack, age (if known) on first

attack.

Whether subject to epilepsy     ...   ...  ...

Whether suicidal or dangerous to others    ...

Previous places of confinement (if any)    ...

 

Special circumstances (if any) preventing

the insertion of any of the above

particulars.

 

 

             (Signed)                             Name.

 

 

Dated this .................. day of ....................... 19....

To a Judge of the Supreme Court.

 

                                 ──────────────

 

                                                                                   SCHEDULE B

 

                                                                                   [SECTION 16]

 

To

 

                                     ORDER FOR INTERIM DETENTION OF ALLEGED MENTAL PATIENT

 

WHEREAS an application has been made to me, the undersigned Judge, for the removal of (name and designation of alleged mental patient) an alleged mental patient to the mental hospital, and whereas I have satisfied myself that the said (name of alleged patient) is a person whom it is expedient to put under immediate confinement:  Therefore, I do hereby authorise you (name of person to whom order addressed) to convey the said (name of alleged patient) to (prison,mental hospital, or place of security specified) and you gaoler of the said prison, or the superintendent of the said hospital, or other person as the case may be) therein to detain him for ................. days from the dare hereof, unless previous to the expiry of the said period you shall receive a lawful Order for the release of the said (name of alleged patient) or for his removal to the mental hospital.

 

 

Given this ..................... day of..................... 19....

                                                                Chief Justice.

                                                    Judge of the Supreme Court.

 

                                                                                   SCHEDULE C

 

                                                                                   [SECTION 18]

 

                                        ORDERS TO COMMISSIONERS OF LUNACY FOR EXAMINATION

                                                                                  OF A PATIENT

 

 

I, the undersigned hereby request you to attend at ................ on the ............... day of ................ next at ................. o'clock, there personally to inspect and examine the said .................; and, after due consideration of the evidence taken before me in the case, to report to me without delay with respect to the mental and bodily condition of the said ................, and, in case you shall be agreed in opinion that the said ................ is of unsound mind and a proper person to be confined, you will send me a certificate to that effect together with your report.

 

                                                                                         (signed)

 

                                                              Chief Justice.

                                                 Judge of the Supreme Court.

 

Dated this .................... day of .................... 19....

To the Commissioners of Lunacy.

 

                                                                                      ────────

 

                                                                                   SCHEDULE D

 

                                                                                   [SECTION 19]

 

                                                     CERTIFICATE OF COMMISSIONERS OF LUNACY

 

We, the undersigned Commissioners of Lunacy hereby certify that in pursuance of your order bearing date the ................. day of ................ we have this day personally inspected and examined ................., the person named in your said order, at his present place of abode at ................, and, that having also duly considered the evidence taken before you in the case, we are of opinion that the said ................. is a person of unsound mind and a proper person to be confined.

 

Subjoined is a statement with respect to the mental and bodily condition of the above named patient.

 

                           Signed                           Name

 

Dated this .................... day of ................... 19....

To the Chief Justice Judge of the Supreme Court.

 

                                                                                   ───────────

 

                                                                                    SCHEDULE E

 

                                                                                    [SECTION 19

 

                                                                             BODILY CONDITION

 

                                                                                   General Health

(a)     Muscularity                         ...              ...            ...            ...           ...

(b)     Presence or absence of physical infirmity.

 

                                                                                  Digestive System

(a)     Tongue   ...            ...           ...              ...            ...            ...

(b)     Appetite...            ...           ...              ...            ...            ...

(c)     Bowels   ...            ...           ...              ...            ...            ...

 

                                                                                Circulatory System

(a)     Pulse                     ...           ...              ...            ...            ..            ...

(b)     Heart, etc.                           ...              ...            ...            ...           ...

 

                                                                                Respiratory System

(a)     Respiration and state of lungs                            ...            ...

 

                                                                                  Nervous System

(a)     Paralysis...            ...           ...              ...            ...            ...

(b)     Epilepsy...            ...           ...              ...            ...            ...

(c)     Hysteria  ...            ...           ...              ...            ...            ...

 

                                                                                    Special Senses

(a)     Illusions...            ...           ...              ...            ...            ...

(b)     Delusions              ...           ...              ...            ...            ...           ...

(c)     Hallucinations       ...           ...              ...            ...            ...

 

                                                                                 Mental Symptons

(a)     Apparent consciousness      ...              ...            ...            ...

(b)     Attention ‑ whether lost, slow, ready but

flighty, or sustained

(c)     Memory ‑ whether good, weak, or confused.

(d)     Coherence of language       ...              ...            ...

 

(e)     Exaltation or depression of manner.

(f)      Exaltation or depression of spirits.

(g)     Habits ‑ filthy, dangerous, suicidal or indecent.

(h)     Sleep                     ...           ...              ...            ...            ...           ...

 

                                                                              General Observations

 

                                                                                 ────────────

 

                                                                                    SCHEDULE F

 

                                                                                   [SECTION 21]

 

                        ORDER TO A GOVERNMENT MEDICAL OFFICER TO MEET TWO COMMISSIONERS

                                  IN LUNACY DIFFERING IN OPINION, AND TO EXAMINE THE PATIENT

 

WHEREAS ................., Commissioners of Lunacy, having by order of me ................... personally inspected and examined as to the insanity of the said ................., and whereas it is necessary that the said alleged patient should be examined by a third Commissioner of Lunacy, in the presence of the said ...................... and ..................;

 

Now, by virtue of section 21 of the Mental Treatment Act I appoint you as third Commissioner of Lunacy for the purpose of the examination of the aforesaid alleged mental patient, and request you to meet the two aforesaid Commissioners of Lunacy, at .................... there personally to inspect and examine the said .................... and forthwith to report to me the joint opinion of yourself and one of the Commissioners aforesaid as to the mental and bodily condition of the said ...................; and in case you and one other of the aforesaid Commissioners shall be agreed in the opinion that the said .................. is a person of unsound mind and a proper person to be confined, you will send me a certificate to that effect together with your report.

                                                                                          Signed

 

                                                              Chief Justice

                                                  Judge of the Supreme Court

 

                                                                                   ───────────

 

                                                                                   SCHEDULE G

 

                                                                           [SECTIONS 11 AND 27]

 

                                                                            ORDER OF REMOVAL

 

To the Superintendent of the mental hospital.

 

WHEREAS it has been proved to the satisfaction of me, the undersigned, upon the certificate of two Commissioners of Lunacy (or upon the Certificate of the Central Board of Commissioners of Lunacy) that ................. of ................ in the District of .................. is a person of unsound mind and a fit person to be confined in the mental hospital:  These are, therefore, to command you to receive the said ................ as a pauper (or private) patient and to maintain him in the mental hospital, at the cost of the Treasury (if a pauper patient) or at the cost of ................ of ................. in the District of ................... upon whom I have this day made an order charging him (or them) with the cost of maintenance of the said ................. while confined in the mental hospital as a mental patient.

                                                                                          Signed

                                                                 Chief Justice

                                                    Judge of the Supreme Court

 

Dated this ........................ day of ........................

 

                                                                                    SCHEDULE I

 

                                                                           [SECTIONS 30 AND 36]

 

                                                    ORDER OF CHARGEABILITY ON THE TREASURY

 

 

WHEREAS it has been proved to the satisfaction of me, the undersigned, that ................ of ................ in the District of ................ is of unsound mind and a fit person to be confined, and whereas it has been made to appear to me that the said .................. has no means of subsistence available for his maintenance and that he has no next of kin able to support and maintain him, and that there is no person willing to pay for his support and maintenance; these are, therefore, to give you notice that I have this day given an order for the removal of the said .................. to the mental hospital to be there kept and maintained as a pauper patient at the cost and out of the funds of the Republic, and I hereby order you to pay to the Superintendent of the mental hospital monthly, from the date of the reception of the said ................... until the date of his discharge, such sum as shall be fixed for the maintenance of a pauper patient, according to the regulations of he said hospital.

 

                                                                                        (Signed)

 

                                                               Chief Justice

                                                   Judge of the Supreme Court

 

Dated this ..................... day of ...................... 19....

To the Honourable The Treasurer.

 

                                                                                 ────────────

 

                                                                                    SCHEDULE J

 

                                                                                   [SECTION 32]

 

THE TREASURER feels dissatisfied by an order given by you on the ................... day of .................... whereby you have charged the Treasury with the cost of maintenance in the mental hospital, of............. and he hereby appeals against your said order, and requires .................... the .................... of the said .................. in the mental hospital.

 

                                 (Signed)                           Names

 

To The Chief Justice.

The Judge of the Superintendent

 

Dated ...................... day of ..................... 19....

 

 

                                                                                 ────────────

 

                                                                                   SCHEDULE K

 

                                                                                   [SECTION 35]

 

                                    TO ONE OF THE USHERS OF THE SUPREME COURT OF SEYCHELLES

 

 

WHEREAS .................... has been charged by an order under my hand, bearing date the .................... day of ................... with the payment of such monthly sum not exceeding Rs............ as should be fixed by the Superintendent of the mental hospital for the maintenance of a private patient, received into the mental hospital under an order given by me on the .................... day of .................... and whereas complaint has been made to me by the said Superintendent that the sum of Rs ............. has been fixed by him as such monthly sum and that the said .................. is ............... months in arrear of payments of such sum; and whereas the said .................... upon being summoned before me to answer such complaint hath not shown sufficiently cause to answer to the same in hath not appeared;

 

These are, therefore, to authorise and command you, after the expiration of ten days from the service of the present warrant, to make distress of the goods and chattels of the said ........................

 

And if within three clear days after such distress the said arrears amounting to the sum of Rs....................... together with the cost of such complaint, amounting to the sum of Rs............ and the cost of this distress be not paid, then to sell the goods and chattels so distrained up to the amount of the aforesaid sums and costs.

 

Given under my hand, this ........... day of .................... 19....

 

 

                                                                                        (Signed)

 

                                                                 Chief Justice.

                                                    Judge of the Supreme Court.

 

 

This within warrant was served by me the undersigned on ................

.................... by leaving a copy thereof with ........................ at the residence of the said ............................. situate at ............ in the District of ........................... on .................... day ................. 19...................

 

                                               (Signed)

                                                                    Usher.

 

 

                                                                                 Return of Warrant

 

In execution of the Warrant, I certify that I have this day seized the goods and chattels of the above named .................................. and have made and signed an inventory of the same hereunto annexed.

 

Dated the .................... day of ................. 19....

 

                                           (Signed)

 

                                                          Usher.

                  

                                                                                   ───────────

 

                                                                                    SCHEDULE L

 

                                                                                   [SECTION 38]

 

                          CERTIFICATE AND ORDER BY CENTRAL BOARD FOR DISCHARGE OF PATIENT

 

We, the Central Board of Commissioners of Lunacy, do hereby certify that we have this day examined .................... a patient confined in the mental hospital, and that he is cured, and is now of sound mind; and we do, therefore, order that the said ................... be discharged from the said hospital as cured.

 

 

                                       (Signed)                      Names.

 

Dated this ............... day of ................ 19........   A.D.

 

To the Superintendent of the Lunatic Asylum.

 

(MEMO. ‑  The patient shall be entitled to the duplicate of this certificate on demand).

 

                                                                                   ───────────

                                                                                             SCHEDULE N

 

                                                                                             [SECTION 35]

 

                                                           REGISTER OF ADMISSION. ‑ REGISTER OF PATIENTS

 

Date of    No. in      Date of        Christian      Sex and Class      Age     Condition as to    Condition        Previous    To          By       Date of

last           order of   admission    names and                                           marriage              of life and        place          whom    whom

──────────┬──────────┬──────────┬──────────┬───────────────┬───┬──────────────────────┬───────────┬────────┬────────

Date of   │No. in    │Date of   │Christian │Sex and Class. │Age│  Condition as to     │Condition  │Previous│To whom    │By whose │Dates of    │Bodily

last      │order of  │admission.│names and ├───────┬───────┤   │     marriage.        │of life and│place of│chargeable.│authority│medical     │condi‑

previous  │admission.│          │surnames  │Private│Pauper │   ├───────┬──────┬───────┤previous   │abode.  │           │sent.    │certificates│tion.

admission,│          │          │at length.├───┬───┼───┬───┤   │Married│Single│Widowed│occupation.│        │           │         │and by whom │

(if any). │          │          │          │M. │F. │M. │F. │   │       │      │       │           │        │           │         │signed.     │

──────────┼──────────┼──────────┼──────────┼───┼───┼───┼───┼───┼───────┼──────┼───────┼───────────┼────────┼───────────┼─────────┼────────────┼──────

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

 

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

          │          │          │          │   │   │   │   │   │       │      │       │           │        │           │         │            │

──────────┴──────────┴──────────┴──────────┴───┴───┴───┴───┴───┴───────┴──────┴───────┴───────────┴────────┴───────────┴─────────┴────────────┴──────

 

                                                                                                                        Cont./...     

 

─────────┬─────────┬───────────┬──────────┬─────────────────────┬─────────┬────────┬──────────┬──────────────────────────────────┬─────┬─────────────

Name and │Supposed │Epileptics.│Congenital│Duration of          │Number of│Age on  │Date of   │         Discharged.              │Died.│Observations.

form of  │cause of │           │Idiots.   │existing attacks.    │previous │first   │discharge ├──────────┬─────────┬─────────────┤     │

mental   │insanity.│           │          │──────┬───────┬──────┤attacks. │attacks.│and death.│Recovered.│Relieved.│Not improved.│     │

disorder.│         │           │          │Years.│Months.│Weeks.│         │        │          │          │         │             │     │

─────────┼─────────┼───────────┼──────────┼──────┼───────┼──────┼─────────┼────────┼──────────┼──────────┼─────────┼─────────────┼─────┼─────────────

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

         │         │           │          │      │       │      │         │        │          │          │         │             │     │

─────────┴─────────┴───────────┴──────────┴──────┴───────┴──────┴─────────┴────────┴──────────┴──────────┴─────────┴─────────────┴─────┴─────────────

 

                                                                                                                                SCHEDULE O

                                                                                                                                [SECTION 56]

                   

                                                                                                       REGISTER OF DISCHARGES

                   

──────────┬─────────┬────────┬─────────┬──────────────┬─────────────────────────────

 

          │Date of  │No. in  │Christian│Sex and Class.│        Discharged.

Date of   │last     │register│name and ├───────┬──────┼─────────┬────────┬──────────

discharge.│admission│of      │Surname  │Private│Pauper│Recovered│Received│Not

          │         │patient │at length│       │      │         │        │improved.

          │         │        │         │       │      │         │        │

──────────┼─────────┼────────┼─────────┼───┬───┼──┬───┼────┬────┼───┬────┼─────┬────

          │         │        │         │   │   │  │   │    │    │   │    │     │

          │         │        │         │   │   │  │   │    │    │   │    │     │

          │         │        │         │M.│F.│M.│F.│M. │F. │M.│  F.│  M. │  F.

          │         │        │         │   │   │  │   │    │    │   │    │     │

          │         │        │         │   │   │  │   │    │    │   │    │     │

          │         │        │         │   │   │  │   │    │    │   │    │     │

          │         │        │         │   │   │  │   │   │    │   │    │     │

──────────┴─────────┴────────┴─────────┴───┴───┴──┴───┴────┴────┴───┴────┴─────┴────

 

                                                            ────────

 

                                                          SCHEDULE P

                                                         [SECTION 58]

 

─────┬───────────────────────────┬───────────┬───────────┬────────────┬────────────┐

     │Number of Patients.       │Names of   │Names of   │Report      │Deaths,     │

     ├─────────────┬─────────────┤patients   │patients   │on state    │injuries,   │

     │  Private.   │   Pauper.   │under      │under      │of health   │and         │

     │             │             │restraint  │medical    │of patients │violences   │

     │             │             │(and by    │treatment. │and         │of patients.│

Date.│             │             │what means)│           │conditions  │            │

     │             │             │or in      │           │of hospital.│            │

     │             │             │seclusion. │           │            │            │

─────┼─────┬───────┼─────┬───────┼────┬──────┼────┬──────┼────────────┼────────────┤

     │     │       │     │       │    │      │    │      │            │            │

     │     │       │     │       │    │      │    │      │            │            │

 

     │     │       │     │       │    │      │    │      │            │            │

     │     │       │     │       │    │      │    │      │            │            │

     │Male │Female │Male │Female │Male│Female│Male│Female│            │            │

     │     │       │     │       │    │      │    │      │            │            │

     │     │       │     │       │    │      │    │      │            │            │

     │     │       │     │       │    │      │    │      │            │            │

     │     │       │     │       │    │      │    │      │            │            │

─────┴─────┴───────┴─────┴───────┴────┴──────┴────┴──────┴────────────┴────────────┘