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Full text of "Medical Jurisprudence And Toxicology"

CIVIL   RESPONSIBILITY                                                 387

A lunatic detained in a mental hospital under a reception order, made
on petition, shall be discharged if the person on whose petition the recep-
tion order was made so applies in writing to the person in charge of the
mental hospital provided that no lunatic shall be discharged, if the officer in
charge of the mental hospital certifies in writing that the lunatic is dan-
gerous and unfit to be at large.

A European subject to the provisions of the Army Act or the Air Force
Act, and detained in a mental hospital under the orders of a military
administrative officer must be detained therein until he is discharged there-
from in accordance with the military or air force regulations in force for
the time being, or until the officer making the order applies for his transfer
to the military or air force authorities in view to hs removal to England.
Whenever it appears to the officer in charge of a mental hospital that the
discharge of such a person is necessary either on account of his recovery,
or for any other purpose, such person must be brought before the visitors
of the mental hospital and on the visitors recording their opinion that the
discharge should be made, the General or other Officer Commanding the
division, district, brigade, or force or other officer authorized to order the
admission of such persons into a mental hospital shall forthwith direct him
to be discharged, and such discharge shall take place in accordance with the
military or air force regulations in force for the time being.

When a dangerous and wandering lunatic, or a lunatic cruelly treated
or not under proper care and control is detained in a mental hospital and
any of his relatives or friends is desirous that he shall be delivered over to hisr
care and custody, he may apply to the authority, under whose order the
lunatic is detained, and such authority, if it thinks fit, in consultation with
the person in charge of the mental hospital and with the visitors or with one
of them being a medical officer, may order the discharge of such lunatic from
the mental hospital provided that the relative or friend making the appli-
cation gives a sufficient undertaking that such lunatic shall be properly
taken care of, and shall be prevented from doing injury to himself or to others.

When a person is admitted into a mental hospital on a Magistrate's
reception order, and is subsequently found on a judicial inquisition to be of
sound mind and capable of managing himself and his affairs, the person in
charge of the mental hospital must forthwith, on the production of a certified
copy of such finding, discharge the alleged lunatic from the mental hospital.

Escape and Recapture of Lunatics.—A lunatic escaping from a mental
hospital may be re-taken by any police-officer or by the person in charge of
the mental hospital or any officer or servant belonging thereto, or any other
person authorized in that behalf by the said person in charge and conveyed
to and re-admitted into such mental hospital, provided that in the case of a
lunatic not being a criminal lunatic or a European lunatic subject to the
provisions of the Army Act or the Air Force Act the power to re-take such
escaped lunatic is exercisable only for a period of one month from the date
of his escape (Section 36, Act IV, 1912).

Illegal Detention.—Section 93 of the Indian Lunacy Act of 1912 provides
that any unauthorized person who receives or detains a lunatic or alleged
lunatic in a mental hospital, or for gain detains two or more lunatics in any
place not being a mental hospital, is punishable with imprisonment for a
term which may extend to two years or with fine or with both.

CIVIL RESPONSIBILITY

Management of Property.—Chapters IV and V of the Indian Lup&cy
Act, 1912 (Act IV of 1912), provide for the legal proceedings to.be folfcwecl
in cases concerning the protection of the person and property of a hmatic.