Application of Part IX. of the principal Act. titioner, subject to the expressed condition that the certificate of another medical practitioner must be indorsed on the order within fourteen days after the patient is received into the hospital or reception house. (2.) An order made under subsection one of this section shall authorise any person, with such assistance as may be necessary, on production of the order, to take charge of and convey the person to whom the order relates to the hospitai or reception house mentioned in the order. (3) If the person to whom the order relates is not received into the hospital or reception house within twenty-one days from the date of the order, such order shall lapse, unless it is proved to the satisfaction of a justice of the peace that such person cannot be conveyed to the hospital or reception house within that time, and in such case the justice may extend the time. (4.) On a person being received into a hospital or reception house under this section the order for his reception shall be delivered to the superintendent or governing authority. (5) If, on the expiration of the period for which a person was received into a hospital or reception house under this section, the Inspector General is of opinion that the patient is in need of further treatment, a justice of the peace may, on the application of the Inspector General, extend the operation of such order for any period not exceeding one year: Provided that before granting such extension the justice shall require the application to be supported by the certificate of a medical practitioner, who is not a Government officer, in the form in the Schedule to this Act. (6.) A patient, received into a hospital or reception house under this section, may be discharged at any time the superintendent or governing authority may think fit. 5. Part IX. of the principal Act shall apply, mutatis mutandis, to hospitals and reception houses under this Act: Provided that a board of visitors shall consist of three members, and one of such members shall be a medical practitioner, one a legal practitioner, and at least one shall be a woman; and that meetings of the board may be summoned by the chairman or any two members; and that two members shall form a quorum at any meeting: Provided also that in the application of section ninety-five of the principal Act the words "once at least in every three months" shall be substituted for the words "once at least in every month." Parts X. and XI. Act. 6. On the certificate, in the prescribed form, of the In- Application of spector General that a person received into a hospital or re- of the principal ception house is incapable of managing his affairs being filed in the Central Office of the Supreme Court, the provisions of Parts X. and XI. of the principal Act, and of the Official Trustee Act, 1921, shall apply to such person and his estate. ss. 19, 167, and 170-175 of the principal Act. 7. Subject to this Act, sections nineteen, one hundred Application of and sixty-seven, and one hundred and seventy to one hundred and seventy-five, inclusive, of the principal Act shall apply to any person received into any hospital or reception house under this Act, and such person shall be deemed a patient within the meaning of those sections. sec. 4. 8. Section four of the principal Act is amended by delet- Amendment of ing the words "reception house" in the fifth line of the interpretation of the words "Insane patient." 9. (1.) No action shall lie against any person for or on account of any act, matter, or thing done or commended to be done by him, and purporting to be done for the purpose of carrying out the provisions of this Act, unless it is proved that such act was done or commended to be done maliciously and without reasonable and probable cause. (2.) No such action shall be commenced until one month Notice of action. next after notice in writing has been served on the person against whom it is intended to be brought, or left at his usual place of abode. Such notice shall clearly state the cause of action, the name and place of abode of the plaintiff, and the name and place of business of his solicitor (if any), and shall be signed by the plaintiff. menced within (3.) Every such action shall be commenced within three Action to be commonths after the alleged cause of action, or the discharge of three months. the patient. (4.) Proceedings in such action shall be stayed if the stay of proceedings Court is satisfied that there is no reasonable ground for the action, or that notice of action has not been given, or that the said proceedings have been commenced after the expiration of the three months aforesaid. (5.) The Court may at any time after the commence- Security for costs ment of such action order security for costs to be given by the plaintiff, and direct all proceedings in the action to be stayed until such order is complied with. A person charged with an offence may be remanded to a hospital for observation. Regulations. 10. Where it appears to a court of summary jurisdiction by which a person charged with an offence is remanded, that such person is suffering from mental or nervous disorder, the court may order that pending the further hearing he shall be sent to a hospital or reception house under this Act for observation, for a period not exceeding one month; and in such case such person may be received into and detained in the hospital or reception house pursuant to such order. 11. (1.) The Governor may make all such regulations as may be necessary or convenient to give effect to this Act. (2) Such regulations (a) may prescribe the journal, case book or cards, and other records to be kept, and the forms to be used, and may adapt to the requirements of this Act the provisions of the principal Act and the schedules; (b) may prescribe the fees to be payable by or on behalf of persons received into any hospital or reception house, or by persons related, in the degree stated in section one hundred and seventy of the principal Act, to persons received into any hospital or reception house, and the charges incidental to their reception and discharge, and provide for the recovery thereof as a debt due to the Crown or governing authority, together with the reasonable expenses incidental to the reception and discharge of patients. (c) may impose a penalty not exceeding fifty pounds for any breach thereof. · (3) Any regulation under this Act (a) shall be published in the Gazette, and take effect from the date of publication or from a later date to be specified therein; and (b) shall be laid before both Houses of Parliament within fourteen days after publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. (4) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity, or curing the invalidity, of anything done, or of the omission of anything, in the meantime. such person that he [or she] should be received into a hospital or reception house for treatment under the Mental Treatment Act, 1927. I [or we] have formed this opinion upon the following grounds: (1) Facts observed by myself [or ourselves]....................... (2) Other facts communicated to me [or us] by others (here state the Section 4. 22 No. 14.] Loan and Inscribed Stock (Sinking Fund). [1927. LOAN AND INSCRIBED STOCK (SINKING FUND). 18° GEO. V., No. XIV. Short title. Authority to suspend contribu. tions to Sinking Fund.. No. 14 of 1927. AN ACT relating to the Sinking Fund for the redemption of certain Loans. [Assented to 23rd November, 1927.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Loan and Inscribed Stock (Sinking Fund) Act, 1927. 2. (1) The Governor may, with the consent of the Trustees of the Sinking Fund for the redemption of any loan to which paragraph (a) of section twelve of the General Loan and Inscribed Stock Act, 1910, applies, suspend the contribution to such sinking fund if the Trustees are satisfied that the value of the fund for the time being is sufficient to enable the loan to be redeemed at the due date. (2) The contribution to the sinking fund for the re demption of Western Australian Inscribed Stock maturing on the fifteenth day of January, One thousand nine hundred and thirty-four, may be suspended as from the fifteenth day of July, One thousand nine hundred and twenty-six. Provided that the contribution shall recommence if the Trustees at any time deem it necessary. |