Page images


Register of patients.

19. (1.) For every licensed hospital there shall at all times be a superintendent, resident on the premises, who may be the licensee himself if qualified under this section, and shall be either a legally qualified medical practitioner or a trained graduate nurse.

(2.) No person other than a licensee shall be appointed as the superintendent until his name and qualification have been notified to the Inspector and he has approved of the appointment.

(3.) During the temporary absence, illness, or incapacity of the superintendent, the licensee may, without notice to the Inspector, appoint as acting-superintendent any other person qualified in accordance with this section; and every person so appointed shall, while he so acts, be deemed for the purposes of this Act to be the superintendent, but he shall not so act, whether under the same or successive appointments, for a longer continuous period than four weeks.

(4.) If at any time a licensed hospital is used as such while there is no duly qualified superintendent, or while the superintendent is not resident on the premises, the licensee shall incur a penalty not exceeding twenty-five dollars for every day during which it is so used.

(5.) The Provincial Secretary may, because of special circumstances, and on such terms and conditions as he thinks fit, by warrant under his hand, temporarily exempt any licensed hospital from the requirements of subsection (1).

(6.) Any exemption so granted may be withdrawn by him by notice under his hand and delivered to the licensee of the hospital.

20. (1.) In every licensed hospital there shall be kept a register
of patients, in which shall be entered the following particulars:—
(a.) The name, age, and usual abode of every patient, and date
of his admission into the hospital:

(b.) The name of the medical practitioner (if any) tending
each patient:

(c.) The date at which each patient leaves the hospital, or, in
the event of the death of a patient in the hospital, the date
of his death:

(d.) Such other particulars as may be prescribed by the


(2.) Such particulars shall be entered in the register as soon as practicable after the occurrence of the act or event to which the entry relates.

(3.) Every person who knowingly makes in the register an untrue entry shall incur a penalty not exceeding two hundred dollars.

(4.) Every licensee who fails to make or cause to be made any entry in the register required by this Act to be made therein shall incur a penalty not exceeding fifty dollars.


21. Every licensed hospital and the registers thereof shall at all Open to inspection. times be open to inspection by the Inspector.


22. If the Inspector believes or suspects that any house is used Unlicensed as a private hospital without being licensed, he may at any time and from time to time by himself, or by any person authorized by him, enter and inspect such house and every part thereof; and any person who prevents or obstructs, or attempts to prevent or obstruct, any such entry or inspection shall incur a penalty not exceeding two hundred dollars.


23. If at any time a licensed hospital is used for the reception Unauthorized use of of a greater number of patients than is permitted by the licence, or for the reception of any patient of a class not authorized by the licence, the licensee and the superintendent shall severally incur a penalty not exceeding twenty-five dollars for every day during which it is so used.

24. The penalties imposed by or under the authority of this Act "Summary Convic shall be recoverable under the "Summary Convictions Act."

tions Act.

25. (1.) In any prosecution for an offence against this Part, the Burden of proof. burden of proving that any person residing in a house and then receiving medical treatment is not a patient within the meaning of this Act shall be upon the person charged.

(2.) In any prosecution for an offence against this Part, the burden of proving that a licence is in force and of proving its terms, and that any person apparently having the charge, control, or management of the hospital is not the superintendent thereof within the meaning of this Act, shall be upon the person charged.


Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.


[graphic][subsumed][subsumed][subsumed][merged small][subsumed][merged small][merged small][merged small]

[IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia,

enacts as follows:

1. This Act may be cited as the "Infants Act Amendment Act, Short title. 1913."

2. Section 3 of chapter 107 of the "Revised Statutes of British Amends s. 3. Columbia, 1911," being the "Infants Act," is hereby amended by inserting therein, immediately after the definition of the term "Master" therein contained, the following additional paragraphs or definitions:

[ocr errors]

"Official Guardian' shall mean the Official Guardian appointed under the Official Guardians Act' or any Act in amendment or substitution thereof:

"Infant' and' minor' shall mean any person who is unmarried and under the age of twenty-one years, and includes any child who is unborn at the death of its father."

3. Sections 4, 5, and 6 of said chapter 107, together with all the words in the line next preceding said section 4, are hereby repealed, and the following sections and words are substituted therefor:

"Guardians in Socage.

Repeal of and sub5, and 6.

stitution for ss. 4,


"4. Where a minor for whom a general guardian of the property Guardians in has not been appointed shall acquire real property, the guardianship of his property, with the rights, powers, and duties of a guardian in socage, belongs

"(a.) To the father:

"(b.) If there be no father, to the mother:

Father may appoint guardian.

Mother may appoint guardian in certain


Mother to be guard

ian on death of father.

Court may appoint

act jointly with mother.

"(c.) If there be no father or mother, to the Official Guardian. "The rights and authority of every such guardian shall be superseded by a testamentary or other guardian appointed in pursuance of this Act.

"Appointment of Guardians.

"5. (1.) The father of an infant may, by instrument in writing executed in the presence of two witnesses, appoint a guardian of such infant until the infant reaches the age of twenty-one years or marries, or for any shorter period, and such father may make such appointment though not himself of the age of twenty-one years.

(2.) The mother of an infant may, by like instrument in writing, appoint any person to be guardian of the infant after the death of herself and the father of the infant, if the infant be then unmarried; and where guardians are appointed by both parents they shall act jointly.

"(3.) On the death of the father of an infant, the mother, if surviving, shall be the guardian of the infant, either alone, when no guardian has been appointed, or jointly with any guardian appointed by the father.

"(4.) Where no guardian has been appointed by the father, or Official Guardian to if the guardian appointed by the father is dead or refuses to act, the Supreme Court or any Judge thereof may appoint the Official Guardian to act jointly with the mother.

Mother may appoint

Official Guardian to act in certain cases.

Court may remove guardian.

"(5.) The mother of an infant may, by instrument in writing executed in the presence of two witnesses, provisionally nominate some fit person or persons to act as guardian or guardians of the infant after her death jointly with the father of the infant; and the Supreme Court or any Judge thereof, after her death, if it be shown that the father is for any reason unfitted to be the sole guardian of his children, may confirm the appointment of such guardian or guardians, who shall thereupon be empowered to act, or may make such other order in respect of the guardianship (including the appointment of the Official Guardian as sole guardian or joint guardian with the father) as may be deemed just.

"(6.) On the death of both the father and the mother of an infant, if

"(a.) No guardian has been appointed by the father or by the mother of such infant; or

"(b.) The guardian or guardians so appointed are dead or refuse to act,

the Official Guardian shall, by virtue of his office, and without any further appointment, be the guardian of such infant.

"(7.) The Supreme Court or any Judge thereof may, if the said Court or Judge shall see fit, on being satisfied that it is for the welfare of the infant, remove from his office any testamentary guardian, or any guardian appointed or acting by virtue of this Act or other

« EelmineJätka »