(2) In case a Judge or clerk of the peace is or becomes Appointment so disqualified, the Lieutenant-Governor may appoint some one in case of disqualification of to act in his stead; and in case a warden is or becomes so official visitor. disqualified, the county council may appoint some one to act in his stead. 46 V. c. 28, s. 6. (3) If an assistant-secretary to any board after his appoint- Assistantment becomes so interested he shall be disqualified from coming intersecretary beacting, and shall cease to act in such capacity. R. S. O. 1877, ested to be disc. 221, s. 16. qualified. 10.-(1). The visitors shall, before acting, take an oath to Oath of visithe following effect: "I A.B. do swear that I will discreetly, impartially and faithfully execute all the trusts and powers committed to me by virtue of the Act entitled An Act respecting Private Lunatic Asylums, and that I will keep secret all such matters as come to my knowledge in the execution of my office, except when required to divulge the same by legal authority, or so far as I feel myself called upon to do so for the better execution of the duty imposed upon me by the said Act." tors. ministered. (2) The oath may be administered by any Justice of the By whom adPeace to the clerk of the peace, who may then administer the same to the other members of the board. 46 V. c. 28, s. 8. Visitors to be 11. The secretary shall summon the board of visitors to Meeting of meet for the purpose of executing the duties of this Act. called." R. S. O. 1877, c. 221, s. 8; 46 V. c. 28, s. 5. 12. Every such appointment, summons and meeting shall be Visitors' made and held as privately as may be, and in such manner meetings to be private. that no proprietor, superintendent or person interested in or employed about or connected with any house to be visited, has notice of such intended visitation. R. S. O. 1877, c. 221, s. 9. 13.-(1) If the secretary at any time, desires to employ an Assistant assistant in the execution of the duties of his office, he shall Clerk. certify such desire, and the name of the proposed assistant to one of the other members of the board of visitors, being a Justice of the Peace, and if such member approves thereof, he shall administer the following oath to such assistant: "I, A. B., do solemnly swear that I will faithfully keep secret all such Oath of. matters and things as come to my knowledge in consequence of my employment as assistant to the Secretary of the Board of Visitors, appointed for the County of by virtue of The Act respecting Private Lunatic Asylums, unless required to divulge the same by legal authority: So help me God." (2) The secretary may thereafter, at his own cost, employ At whose cost, such assistant. R. S. O. 1877, c. 221, s. 13. 14. No physician being a member of the board of visitors Restrictions shall sign any certificate for the admission of any patient into upon physi sicians being any licensed house or hospital, or shall professionally attend visitors. Penalty on physicians. Removal of Superintendent. Fees thereon. Application of fees. Clerk of the Peace to keep accounts of moneys received or expended. One license for each house. upon any patient in any licensed house or hospital unless he is directed to visit such patient by the person upon whose order such patient has been received into such licensed house or hospital, or by the Provincial Secretary, or one of the Judges of the High Court or by a committee appointed by one of the said Judges. R. S. O. 1877, c. 221, s. 15. 15. If a physician, being a member of the board of visitors, signs a certificate for the admission of a patient into any licensed house or hospital, or professionally attends a patient in such house or hospital (except as aforesaid), such physician shall for each offence forfeit the sum of $200. R. S. O. 1877, c. 221, s. 17. Remoral of Superintendent. 16. Any person to whom a license is granted may remove the superintendent named in the notice, and may at any time appoint another superintendent, upon giving to the board of visitors a notice containing the true Christian name and surname, place of abode and occupation of the new superintendent. R. S. O. 1877, c. 221, s. 24. Fees for Licenses. 17. For every license there shall be paid to the clerk of the peace, for every patient proposed to be received into such house, the sum of $2; and if the total amount of such sums of $2 does not amount to $60, then so much more as together therewith will make up the sum of $60, and no such license shall be delivered until the sum payable for the same has been paid. R. S. O. 1877, c. 221, s. 30. 18. All moneys to be received for licenses granted under this Act shall be applied towards the payment of the allowance to the secretary for his services and the discharge of the costs, charges and expenses incurred by or under the authority of the board of visitors, in the execution of or by virtue of this Act. R. S. O. 1877, c. 221, s. 32. 19. The clerk of the peace shall keep an account of all moneys received and paid by him under or by virtue of or in the execution of this Act, and such accounts shall be made up to the last day of December in each year inclusively, and shall be signed by two at least of the members of the board of visitors. R. S. O. 1877, c. 221, s. 33. ADDITIONS AND ALTERATIONS TO LICENSED PREMISES. 20. No one license shall include or extend to more than one house; but if there is any place or building detached from a house to be licensed, but not separated therefrom by ground belonging to any other person, and if such place or building is specified, delineated and described in the notice, plan and statement hereinbefore required to be given, in the same manner in all particulars as if the same had formed part of such house, then such detached place or building may, if the Lieutenant-Governor in Council thinks fit, be included in the license for the house, and if so included, shall be considered part of such house for the purposes of this Act. R. S. O. 1877, c. 221, s. 25. 21. No addition or alteration shall be made to, in or about Alterations in any licensed house, or the appurtenances, unless previous notice asylums. in writing of such proposed addition or alteration, accompanied with a plan thereof, to be drawn upon the scale aforesaid, and accompanied by such description as aforesaid, has been given to the inspector, by the person to whom the license has been granted, nor unless the approval of the Lieutenant-Governor in Council has been previously obtained. R. S. O. 1877, c. 221, s. 26. TRANSFERS AND REMOVALS. 22. If a person to whom a license has been granted under When license this Act, by sickness, or other sufficient reason, becomes inca- assignable. pable of keeping the licensed house, or dies before the expiration of the license, the Lieutenant-Governor in Council may authorize the transfer of the license, with all the privileges and obligations annexed thereto for the term then unexpired, to the person who at the time of such incapacity or death was the superintendent of such house, or had the care of the patients therein, or to such other person as the LieutenantGovernor in Council may approve, and in the meantime the license shall remain in force, and have the same effect as if granted to the superintendent of the house. R. S. O. 1877, c. 221, s. 34; 46 V. c. 28, s. 9. 23. In case a license has been granted to two or more per- Survivorship. sons, and one or more of such persons die, leaving the other or others surviving, the license shall remain in force and have the same effect as if granted to the survivor or survivors. R. S. O. 1877, c. 221, s. 35. other premises. 24. (1) If a licensed house is pulled down or occupied Removal to under the provisions of any statute, or is by any vis major, or by fire, tempest or other accident, rendered unfit for the accommodation of lunatics or if the person keeping such house desires to transfer the patients to another house, the LieutenantGovernor in Council, may grant to the person whose house has been so pulled down, occupied or rendered unfit as aforesaid, or who desires to transfer his patients as aforesaid, license to VOL. II.--75 Notice of intended removal. Revocation of license. When the revoke. keep such other house for the reception of lunatics, for such time as the Lieutenant-Governor in Council thinks fit; but the same notice of such intended change of house, and the same plans and statements and descriptions of and as to such intended new house, shall be given as are required when application is first made for license for any house, and shall be accompanied by a statement in writing of the cause of such change of house. R. S. O. 1877, c. 221, s. 36, part; 46 V. c. 28, s. 4. (2) A fee of $4 shall be payable by the licensee to the clerk of the peace upon the issue of the license. R. S. O. 1877, c. 221, s. 36, part. 25. Except in cases in which the change of house is occasioned by fire or tempest, seven clear days' previous notice of the intended removal, shall be sent by the person to whom the license for keeping the original house was granted to the person who signed the order for the reception of each patient, or the person by whom the last payment on account of each patient had been made. R. S. O. 1877, c. 221, s. 36, part. REVOCATION OF LICENSES. 26. In case a majority of the Justices of any county, in General Sessions assembled, resolve to recommend to the Lieutenant-Governor the revocation of any license granted under this Act, such Justices shall cause to be given to the person licensed, or to the resident superintendent of the licensed house, or to be left at the licensed house, seven clear days' previous notice in writing of the intended recommendation. R. S. O. 1877, c. 221, s. 37. 27. Upon the receipt of such recommendation the LieutenGovernor may ant-Governor in Council may revoke such license; and in the case of a revocation, the same shall take effect at a period to be named in the Order in Council not exceeding two months from the time a copy or notice thereof has been published in the Ontario Gazette. R. S. O. 1877, c. 221, s. 38. How revocation notified gated. 28. A copy or notice of the Order in Council shall be and promul transmitted to the person licensed or to the resident superintendent of, or be left at the licensed house, after which the same shall be published in the Ontario Gazette. R. S. O. 1877, c. 221, s. 39. As to revocation on report of Inspector of Prisons and Public Charities, see Cap. 250, s. 18. Orders for ADMISSION OF PATIENTS. 29. No person, whether being or represented to be a lunaadmission of tic, or only a boarder or lodger, in respect of whom any money is received or agreed to be received for board, lodging or any patient. other accommodation, shall be received into or detained in any licensed house without an order under the hand of some person according to the form, and stating the particulars mentioned in Schedule A, nor without the medical certificates, according to the Form of Schedule B, of two physicians not being partners Medical Certior brothers, or father and son, and each of whom separately ficates. from the other had personally examined the person to whom it relates not more than fifteen clear days previous to the reception of such person into such house, and each of whom signed and dated the certificate on the day on which such person was so examined. R. S. O. 1877, c. 221, s. 40; 48 V. c. 53, s. 4. certified. 30. Every physician who signs such certificate shall Facts to be specify therein that he has personally examined the person to whom the certificate relates, and that from such examination, and from the evidence adduced before him, he is of opinion that such person is a lunatic (or an insane person, or an idiot, or a person of unsound mind) and a proper person to be confined in an asylum, and shall also specify in the certificate the fact or facts and the evidence adduced before him which led to such opinion, and he shall therein distinguish the facts observed by himself from facts communicated to him by others. 49 V. c. 50, s. 1. other pro 31. A medical superintendent of a private asylum may Admission of admit to and detain therein any patient from any Province patients from of the Dominion of Canada, who is certified to be insane by vinces. two physicians duly authorized to practise as such in the Province where such patient has his domicile, provided such certificates of insanity are made in accordance with the requirements of section 29 and Schedule B therein mentioned, but any patient so admitted and detained in a private asylum from any other Province must, within fifteen days of such admission, be examined by one duly qualified physician of the Province of Ontario. 48 V. c. 53, s. 3. to be received 32. No person shall receive to board and lodge in any house Lunatics not not licensed under this Act, or take the charge or care of any into unlicen insane person without having first obtained the medical certi- sed houses ficates required by this Act for the admission of an insane person into a licensed house. R. S. O. 1877, c. 221, s. 42. without medicalcertificates. to be sent to 33. Every person who receives to board or lodge in a Notice thereof house not licensed under this Act, or takes the care or charge the Secretary of an insane person, shall within three months next after re- of the Visitors ceiving such insane person into his house, or under his care, transmit to the secretary of the board of visitors of the county a copy of such medical certificates, sealed and endorsed Private Return, and every such person shall also (if the insane person continues in his house or under his care) on the 1st day of January, of every year, or within seven clear days there |