Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698077493384.pdf (Guyana)
• ...

I assent.

Administering Government.

the <r-February, 1980. )

BRlTlSH GUIANA.

('fRE LEGISLATIVE COUNCIL.]

ORDINANCE NO.

?

OF 1980.

AN 0HDINANCI: to make provision for the care of persons A.D.1930.

Unsound Mind and for the administration Borbioe.

the Mental Hospital, and managtiment of of BE it enacted and oonseut by the Governor of tho Legislative or British Council Guiana, thereof, with the advice u follows:- \ 1.1.

'his Ordinance may be cited as the Mental Hospital Ordi-Short Title.
nanoe, 1930.

2.In this Ordin!lnce, expressions ollowing f · unless b ave the meamngs ereby assigned · h · the context otherwise requires, eta• the In\erpr tion of to term,, - them:- 11 Peraon of unaound ruiud " meana an idiot or a penon whg i11 autferina from meutaJ derangement ; No.

( -1 '1.

'HE LA JP'S OF .BRITISH GUI.AN.A.. LA-D. 1930 .

... 2 "Medical Superintendent" means the Medical appointed Superinten­ pro­ as hereinafter dent of the Mental Hoepital vided; No.
18 of 1924, 11 Registered Medical and surgery to practise under the Medical and registered as such Ordinance, (Consolidation) 1924; Practitioner" means a person qualified medicine " Schedule " means the Schedule to this Ordinance.

Y.1tablish.

ment of Mental Boapital.

3, The buildings as a 1, ental hospital, erected Colony, for the same purpose, referred hereinafter at Fort Canje, Berbice, and such other buildings now actually occupied be as may hereafter of this shall be the Mental.
Hospital to as the Ment!

}l Hospiq.l.

Charge or the Meati,l Hospital.

4.The Mental Hospital Superintendent, such number of medical appointed by the Governor.

who shall be a registered shall be under the charge of the Medical medical and practitioner, officers at1 may from time to time be .. Dntiea of the Mediral Snperinten.

dent.
dent.

6.The Medical Superintendent nor, :md shall be responsible ment of the Meutal Hospital, direction regulate officers employed of the Surgeon-General the Mental Hospital at the Mental Hospital.
for the proper and shall, and have control shall be appointed by the Gover­ and manage­ conduct under and subject to the of the Governor, and the approval of all the subordinate Official of Viaitora the Mental llospi �al.I 6.-(1) The members Council, lative Governor may be pleased Official Visitors, Council the Surgeon-General, of the Executive from time to time to appoint as the and such other persons as a Board of and of the Legis­ visitors of the Mental Hospital.
shall be official (2)Each official visitor, on the occasion of his visit to the shall enter in a book to be kept for that purpose, Mental Hospital such remarks as he may think fit.

- (8)The Medical Supe:::intendent shall at once forward through the Surgeon-General entries.

to the Colonial Secretary a copy of all such Making of role� and regulation,.
7.The Surgeon-General may from time to time make rules and and good order of the mental hos­ for the management regulations pital but have been confirmed no rules or regulations shall by the Governor.

come into operation until they Duties of the Surgeon Geooral.
8.The Surgeon-General y. he may think nece11sar shall visit the Mental Hospital whenever Annual l{epor\ Oil Mental Ro1p1ill, 8.The Medical ye11r to the Governor ill mattera twalve montb1, connected Superintendent Pball 11eud in at the end of each the 8urieOn•Oeneral through with the Meutal Hoapital a full report of - during the precedhi� A.I>.

19SO.]

MEN'l'.AL HOSPJ'l'.AL.'

[No.


2 8 10.-(1) The Magistrate ot the Judical District in which any upon the informa­ to be of unsound mind is living, person alleged tion, in Form No.

1 iu the Schedule ench informant has l(OO<l cause to believe person is of unsound may in any convenient or in some other place may hold an enquiry of such person.
place ox.amine mind and a proper subject on the oath of any in[ol'm and does believe lilt that that such for confinement, such person and in the same as to the state of mind M Knqniry to 11nsound­ nese of min<I 15ched11le For1D No, 1.

(2)For tile purpose 0£ such enquiry the same powers as if the person alleged a pen,on against punishable may, if he thinks fit, proceed the person alleged upon summary conviction whom a complaint to be of unsound mind.
had been wade for an offence : Provided with such enquiry in the absence that the Magistrate of the Magistrate to be of unsound shall have mind were (3)Every Constable, or Guardian Poor Law Commit1sioner, of who has knowledge of the Poor a pauper or not and whether Taxation, person, whether not, is alleged and control person having the care 01· charge of him shall within seven days upon oath after obtaining such knowledge of the Judicial in Form No.
l in the Schedule District mind, and is not under proper care by any relative in which such person is or is residing.

treated or neglected to the Mngistrate givo information Commissary th'lt any at large or to be of unsound or is cruelly wandering thereof or other l enquiry it shall appear to the Magistrate MedicJI tl.tc1.t the person alleged to be of an-cernlicates.

he shall appoint two registered the person and each such medical shaU, if the facts appear to him to warrant in Form No.
2 in the Schedule such person is a person of unsound him in so certifying Sohedol e mind.

Sach Form No.

I!.

to examine practitioners sign a certificate 11.-(1) If during such that there is reason to believe sound mind is of unsound mind, medical practitioner doing, lhat in bis opinion cortificato sbaJl specify cal practitioner clistingmsh ni::ated person able to give information pel'son which in their opinion to tl.te medical any effect under this Ordinance by others.
on fo.cts facts whi�h he himself medical by others.

Such communicated of the person.
treatment in full shi;ning facts upon which the medi- detail ti.ta it founds his opinion, has observed, practitioners as to the previous and shall clearly from facts commu- shall inquire of any of the history kuown to them with reference and shall state in their certificates appear likely all matters to be of service No certificate which purports to be founded shall have wholly (2)When the person alle�ed place where it ie impossible registered cient compliance appoints without to examine practitioners with the provisions practitioner one medical medical him.
to examine to be of unsound mind is in any great delay to obtain two him, it shall be a suffi­ of this section if the Magi11trate 4 No.

'f .

]THE LAWS OF BRITISH GUIANA.

[A.D, 1930, ... Adjudicn.

tiou of fogauity aurt com­ mitment the Ment&I Hospital.
to it appears to the Magistrate mind and a proper subject practition given their certificates, appointed, medical is a person hns been so Where upon such enquiry of unsound and the registered 12.-(1) that any person confinement, examine him have practitioner the unsoundneBs adjudge confinement custody No.

3 in the Schedule commit of.


to be taken charge , and may proceed of such pf'rson, to be of unsound such person of mind of such person for to or where only of may mind and a proper subject for to make an order for the care und under his hand in Form and by warrant one such such person to the Mental Hospital he has given his certificate the Magistrate ers appointed Schedule Form No.
3. a person of unsound (2)Any person who has been adj11dged sh&ll be delivered or other authorised mind under this section police or certificate the medical certificates and they shall be respom,ible Hospital who shall receive this Ordinance.
where he Rhall be delivered for his safe conduct to the Medical person together with into the custody of the the warrant and of mind, of his unsoundness him and be responsible for his safe keeping under to the Mental Superintendent under If any person becomes of such in any Public Hospital, may give a certificate in Form No.

2 in the Schedule of unsound the Resident mind whilst Surgeon and In Patient Hoapilal becoming or un8ound mind and urgent oaees.

Schedule Form No.
Schedule Form No.

2, 13.-(1) treatment Hospital may thereupon Hospital Superintendent the certificate shall receive (2)In any case which the Medical cause such person to be removed to the Mental being fient with him, and the Medical such person into the Mental Hospital.

he may admit into the Mental Hospital any person Superintendent considers whom on urgent, examination he believes (3)Where any person to be of unsound of unsound mind.
under this section, the Mental Hospital shall within four days after such admission the case to the Surgeou-General, examined further or practitioners such further the caee to the Governor, and care of the person custo:1y whom he may appoint as he may think fit.
enquiry, by any one or more registered medical practitioner if any, as he may think proper, for the purpose, and after he shall report who may make such order as to the < mind has been admitted the Medical into Superintendent make a full report on to be who may order such person Admission of voluntar patients.

Ferm No.
Ferm No.

4. y at the Mental Hospital, H.In the event of suitable accommodation the Medical as a voluntary patient drugs, due to alcohol, or guarantee on payment available receive neurosis treatment person in Form No.
4 of such sum or sums as the Governor fit to iJ.x for his maintenance Provided Mental Hospital shall remain for treatment for a minimum period of one month a.nd that any person suffering vice, or any other cause, being at any time may always that such person Superintendent from mental for ca.re and in the Mental Hospital: of payment by a responsible and treatment may see in the A.D.

1930.]

A/ENT.AL HOSPITAL.

s reasonable to the Medical notico Superintendent.


of bis removal or intended removal [No, 9. shall be given ion of any patient medical from the Govereor, up"n the or not, who or friend in the a relative to Governor order exami­ ne.lion by medical pr&eti­ tioners.
practitioners author­ 16.-(1) An order for the examinat the Oo\'ernor of any person, whether that it is proper by any two registered 10ay be obtained Mental Hospital ised by the Governor application 5atisfies and on the production to medical practitioners rate examinations first anil the second examinations, patient Governor may, at the expir�tion risk to himself in his discrection, so authorised may without for him to grant such order; the Governor o[ the certificates certifying of the that after two sepa­ with at ]east seven days intervening between the they are of opimon that the the or the public, be discharged, order the patient to be discharged of ten days from the date of the order.
(2)All the co6ts of and incic!ental to n.ny examination made shall be borne by the person applying for such under this section examination.

whether is possessed of the Surgeon-General 18.
If any person confined in the Mental Hospital or immovable, movable any property, to his estate shall fix what weekly or other rate shall be charged in the Mental for his maintenance to demand Hospital, of the said payment person and if the amount is not paid within ten days after such demand the Surgeon-General for the recovery and care during his and the Surgeon-General thereof Mainten­ ance lo be to charged of e■tijte person of nosonnd is hereby authorised mind.

ae a debt due to the Colony.
from the person in charge confinement execution may proceed of the estate by parate thereof 17.-(1) of such removal No person of mind and child or relative who is legally re11ponsible forthe maintenance by reaeon shall, or of any other person, be absolved from of or of this under the authority but of any child or relative the unsoundness such other person to the Mental Hospital Ordinance, every such person shall be liable the maintenance of such child, inmate of the Mental Hospital to the circ11mstances reasonable, payment from such person, thereof a.Cter such demand, the Surgeon-General execution of the person of unsound and the Surgeon-Oeneral his responsibility to pay such m0ntbly relative mind, think JUst and is hereby authorised and if not paid within m!Ly proceed or other person, shall, fot· the recovery thereof as the Surgeon-General as a debt due to the Colony.
to demand ten days by parate Responsi­ bility lor maintenance of per�on of unsouutl mind.

sum towards while an looking in that respect, (2)The husband or wife of any inmate of the Menbl Hospital -shall be deemed to be a person h,gally of such inmate within responsible of this eection� the meaning tenance for the main­ .No.

'I .]

THE LAWS OF JJRITISH GUIANA.

[A.,D, 1930, 6 Discharge of patient on reco1ery.


The Medical of a patient, Superintendent thereof 18.-(1) recovery or failing nearest relative of such patient, and where no husband known then to the Poor Law Commissioners.

(2)The notice shall state that the patient send notice shall forthwith upon the to the husband or wife or such to any person known to be a friend or wifo, relative or friend is will be discharged within seven days from the date of the notice.
AbFence of pereon of UDSOUU!l mincl from the Mental Hospital on trial.

19.-(1) The Governor may allow any person of unsound mind in the Mental Hospital from the upon trial for any period which he thinks fit, and may at to abseut himself Mental confined Hospital any time extend such period.

Mental Hospital extended period from the Mental Hospital.

If such person at or before the expiration of trial ho may be apprehended to the of such period or as if he had escaped does not return Schedule Form l\o, 5.
(2)No person of unsound mind shall be allowed to be absent to take some person shall enter into an undertaking on trial unl�ss charge of him in Form No.

5 in the Schedule.

of Tran�fer person of unsound mind from Mental Hospital some other place.

to 20.-(1) The Governor may, when it appears to be of unsound any person adjudged this Ordinance some place other than treatment or confined and care.
in the Mental Hospital the Mental Hospitul anc.l there detained to be removed to for mind under the provisions orJer necessary, of Recaptnre of escaped person of UDROllncl mind.

Hospital or servant conveyed not escaped.


21.Any person of unsound mind who escapes may at any time be apprehended by from the Mental any officer, attendant of the Mental Hospital, or by any peace officer, and be as if he had for detention therein to the MentaJ Hospital f 22.Any person, Signing of certifica.t� by person not a. regis.

tered medi.

cal pra.cti.

tioner.

and wil£ully knowingly be guilty of a misdemeanour, liable with or without not exceeding to imprisonment twelve months.

OFFENCES.
OFFENCES.

not being a, registered signs a certificate medical under this Ordiu1Wce who practitioner, shall ·- and on conviction hard labour, thereof shall be for any pel'iod False medical certificate, 28.Any regiAtered medical in any certificate under this Ordinance shall be guilty of a miedemeanour practitioner who knowingly certifies and on conviction hard labour for any period not and any­ falsely thereof with or without wilfully thing, shall be lial,le exceeding two years.
Reacne ol person of unsound mind from Ment&l Hospital, 24.Any person who rescues any person of unsound mind while or who in the Mental Hospital, to or while confined being conveyed hides any person of unsound Hospital not exceeding ninety-six hard labour for any period not exceeding shall on summary conviction dollars mind who has escaped from the Mental thereof be liable to a penalty with or without - or to imprisonment six months.

7 A.D.

1930.]

25.Any attendant MENTAL HOSPITAL.

[No.

9 .


or servant who through of the Mental Hospital or connivance any person of unsound mind permits neglect wilful confined therein conviction do11ars period or to imprisonment not exceeding six months.

thereof, be liable to a penalty with or without under this Ordinance to escape shall, not exceeding hard labour for any Servant of Mental Hospital 1>ertnitting ninety-six escape of pa.tieut.
on summary 26.Any person em ployed at the Mental Hospital any person of unsound on summary conviction mind confined thereof, treats tal Hospital, penalty , without or neglects shall, not exceeding hard labour ninety-six dollars or to imprisonment six months.

not exceeding £or any period in the Men­ be liable to a. with or Ill.treating in patients Mental Hospital.
who strikes, ill­ 27.Any person who strikes from the Mental Hospital on trial knowing mind, or obstructs or ill-treats any persan of unsound Ill-tre11.ting p11.tieuts absenr on any officer of the Mental Hospital Lrial and obstructing officer.

with such person be liable conviction thereof, him to be of his duty in connection mind absent of unsound engaged of unsound penalty without in the execution mind, shall, not exceeding hard Jabour to a with or six months.
on summary ninety-six dollars for any period not exceeding or to imprisonment gives, the consent any article 28.Any person who, without or barters sells, tendent, to any inmate of the Mental Hospital of the Mental Hospital grounds not exceedi to a penalty be liable prisonment ing six months.

with or without hard labour either on summary shall, ng ninety-six for any period Superin­ Sellin" a.rticles inmates of Meutal Hospital.
thereot, of any kind or outside the conviction dollars or to im­ or commodity of the Medical not exceed­ inside to 29.-(1) Any person who is found trespassing offices or any other premises to the Mental Hospital, whatever or who enters being duly authorised to do so, shall, upon any grounds, T1espa11Sinl,{ on Mental belonging l:lospital upon the premises.
on summary con­ or filty dollars to a penalty not exceeding buildings, yards, to or appertaining same without viction thereof, to imprisonment three months.

exceeding ba liable labour with or without hard for any period not (2)Any such pzrson may be apprehended or attendant of the Mental Hospital, by any officer, or by any police to be dealt with or and be taken before a Magistrate r,ervant rural constablt:1 according to law.

SO.
SO.

Nothing in this Ordinance person from brlngin� whereby _ aot or omission any action he or she baa suffered shall operate or obtaining any redress for an civil to prevent any Saving of any injury or wrong remedy.

is an offence punishable by reaaon only that under thi1 Ordinance, 1uoh act or omiaaion No.

7 .]

THE LAWS OF BRI'l.ISR GU/AN.A.. [A,D 1930 .... 8 Mii,.cellaneous Provisions.

Fee p!!.y!

!.ble for certifi­ ca.te.


31.-(1) Every registered medical pay shall be bound to give certificates charge to any person whom he is required practitioner in the receipt under this Ordinance by any law or to a fee and he shall be entitled of to attend free of charge public without regulation of five dollars from every other person for any such certificate.
medical to receive (2)Every regif:'tered pay shall be entitled public out of the funds under their control sioners, aid for the poor in the rural districts, every certificate any pauper alleged to be ot unsound mind.

medical for providing for of !

the sum of five dollars in respect practitioner not in receipt from the Poor Law Commis­ of given by him under this Ordinance S2.

All officers of Police to the Mental Hospital incurred shall give proper of per!
:!ons by persons, of unsound mind, in conveying of unsound expenses assistance in the con-.. minJ ; and all except the relatives Convera.nce of person of unsound mind to Mental Hosp1to.l.

veyance reasonable friends of persons Mental Hospital, Commissioners any pauper alleged or them to the Law of to be of unsound mind.

shall be repaid by the Poor out of the funds under their control in respect to such persons Crimina.l persons unsound mind.
of 33.All persons in custody under the provisions for the time being in force relating of oflenct}S, with or convicted charged in the Meutal Hospital Ordinance, and may also, at any subsequent in the custody replaced at any time be removed may, subject in which they to persons and confined of any Ordinance of unsound mind elsewhere than of the said to the provisions there by order of the Governor, time by order of the Governor, were.
.. formerly be when requested duly or other persons or by a .Magistrate Enqniry as to mea.ns of person of unsound mind.

S4.

The Poor Law Commissioners Superintendent, shall, by the Governor appointed the Medical means of any person of unRound mind or as to whether unsound in maintaining or assist him.

make enquiries and report mind or person aJleged as to the to be of able to maintain ho has any relatives Repe�l of Ordinance 16 ol 1005, l:!o.l'ini;.
35.The Lunatic Asylum Ordinance, 1905, is hereby repealed; that such repeal shall not affect any certificate given or Provided any act lawfully before the passing detained operation the provisions in the Ment11,l Hospital of this Ordinance of this Ordinance done or thing suffered of this Ordinance under the said Ordinance lawfully ; aud all parsons at the time of the coming into shall be deemed to be detaiqed under A.D.

193&.)

11/BNTAL HOSPJTJ.L.

[No.

'f .

9 J THE SCHEDULE.

l'OlDI No.

1.

Seatlo11l0.


BBITIBH GUIANA, Jr,,Jormation, a, Co I111anity.

In the J odicial Di1trict.

In N A.B., person alleged to be of nnsoQJld mind.

(her) oatb that be (she) hM gQOd can1e to believe of unsound miod &ud a proper subject and doe,i believe for confinemPat, &od a, to the said A.U.

nre troe and cor,'.eot to the beet mind to be of nnsonod 4.1'a1ive of Colony 5.

Occapatioa or wi,lowed 8.Any children, to be of on.sound mind?
ol C.D., ot The information 3.Sex single rar,iculars and belief:- alleged who raitb on bis that A.B.

is ft. peraon thd the follow1og of his (bt1r) iuformntion 1.Name of person 2.

Age 6.Place ot Hesidenee 7.

Marrie,l, l ow long &.lleited II.l 10.Supposed cause 11.Whether present 12.Whether dangerous 13.

Whether suicidal to Epilepsy subject 14.


Whether 15.Have any of &be relr.tive1 16.Is the person 17.Is the per,on a relation, 18.How long h111 tbe person 19.Name and address ia first attack to others (fits) mind!

been of unsound !

temperr.te if @o degree been known to you?

relative of nearest or friend.

or friend?

of relationship, Sworn before me this d11.y cf (Signature ) Magistrate .

lt (Signature) C.D, Informant.

Fon .No.

2.

1J Seatlon111, Jl[edical Certifu:ate of Un,inmdnm of M,nd.

In ,·e A.
In ,·e A.

B., person alleged to be of un�ound mln•1.

�• of llrilhh Guinna do hereby declare I, the untlersigoed Metlical that I ha,·e this day separately a Registered Prr.ctltioner I and personally cert11in examined at particulau or information from any other A.

B., that the said A.B.


is of unaouud mind 11nd is a proper in tile l\1en.tal llo1pital, and I declare under c1,re and troalment on the following unsoundness (if any) indicating grounJs: of mind observed un1ou)ldneH by myself, of mind communicated to detailed person ,•isite and I certify J\J ed1cr.l Practitioner wiM1 nspect to whom 1 have obtained below, io be detained �ha$ I have formed ,his opinion (1)Fact■ indicating (� OLher facts me by other• (3)Particulars 1.What i• the apparent J !.!.
How ma.ny time, visited B.Hae the patient ,.

Has the patient IS, Ia he (1he) dirty, ff.

Ha■ the patient 7, Any fu.

ther information po111ldered desirabl e to elve, of information, a.i:e of �be patient?
been violent heen violent destructive, been ■object to otheH, lf 10 atqt,e tbe nature of the ,-loleooe t to him1elf (her■elf), untidy or obeoenet to any lllne11, U 10, atate partioul&l'I lf ao, what 1 that may be of advautaae, and tbal 1' lll&J 1M t SlJU&\Uie lsftdloal haotliloll1r, 10 No, f •1 TH},' LAWS OF BRl'l.ISH GUIANA.

[A.D. 1930, ... Statlun 12, J'OJll( Bo, 3.

Wa.rmnt to commit i,er6on of umouted wnd to Mmta.i Ho,pita.1, BRITISH GUIANA.

In the J ndlcial District.


In re A.B., a person of nnaoand mind.

To all Police Whereas ot the Mental Hospital, Conatables that A.B., of it baa been made to appe&r to my satisfaction and to the �Iedical Snperintenden, is • person under cate and treatment Now, therefore.

; I do hereby adjndge of nnaonnd in the Mental Boapital to be confined mind and a proper ■abject the Hid .A.B., to be a person of unsound mind; And do order and direct that the Hid A.B.

shall be conveyed by some Police or (see Sec.


12 (2)) to the Mentlll Hospital Constable with this Wa.rra.nt of mind to the Medical kept uulil he (she) is lawfully ol the Mental Hospital -,iaions and with the Medical CerUficatee Superi:itendeot removed 1930, 01dinance, of the aaid Mental .l:l.ospital, or discharged there to be nuder the pro· therefrom and there delivered given of his (her) unsoundness together Dated the day of 19 (Signature) Magiatra.te.

l!leetioll 14.

Foo No.

4.


Letter of Obligation /0t· Payment.

Sir,- In con■ideration aa a patient, of your admitting 1 hereby oblige to you) the eaid patient's board monthly, my■elf to i;ay to the Surgeon• at the and in advance, into by the Governor, p11r month or such other rate as may lrom time to time be of clothes by you, to pay the Snrgeon• I he requisite being supplie,l to pro,•ide supplies for the or, in the event of such clothes (ur you) for the same.
l also oblige when my1ell to receil·e the patient (or direct the Mente.I Hospital General rAte of S determined plltient, General di■cbargcd, condition i ncutnbent of the-Mental Hospital.

Lo defray, in case of death, the funeral on me aa sureLy for the p&Lieot, according and Lo fulfil any other •� Lo the Regulations charge�, Signature Stamp.

'l'o the Medical Snp11rinte11dent, Mental Hoapital, l3erbioe, A.D. 1930,l MENTAL HOSPITAL.

[No.

9.

11 FORM No.

5.

Section 19.


Undc,·laking f>v Relatfot or Frientl, In the event of over to my care and costody Bo•pital, that I hereby undertake not become chargeable by the Medical Superintendent being delivered of the Mental shall to a.ny Charitable InsUtntion and that taken care of in every way, and sb111l be in thu colony, shall be properly prevented &!

far a■ possible, from doing 1ojnry to by having him (her) under const\nt observation.
or others and lhis I shall iosnre, Witness my h,nd this day of 19 before Taken and &eknowledged me 19 .......... .. Signature Signature Stipendiary Magistrale.

Passed by the Legislative Council this 5th day of February, 1930. µM.� Clerk of the douncil.

(M.P.

4255/29).

PRINTIO BJ l'Bll GOVllllNIIKNT PRINTIBI 01' 8RITISB 0UUNA, -·