Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698077374006.pdf (Guyana)
1854 Cap.

140.]

Mental Hospital.

CHAPTER 140.

MENTAL HOSPITAL.

ARRANGEMENT OF SECTIONS.

SECTION.

of Mental Hospital.

1.

Short title.

2.

Interpretation.

3.

Establishment 4.

Charge of the Mental Hospital.

5.

Duties of the Medical Superintendent.

6.

Official visitors 7.

Making of rules and regulations.

8.

Duties of Director of Medical Services.

9.

Annual report of the Mental Hospital.

on Mental Hospital.

of mind.

and commitment certificates.


of insanity 10.Inquiry as to unsoundness 11.Medical 12.Adjudication 13.Patient 14.Admission 15.Governor 16.Maintenance to be charged to estate of person of unsound mind.

17.Responsibility 18.Discharge 19.Absence of person of unsound mind from the Mental Hospital in hospital becoming of voluntary patients.

to order examination for maintenance on recovery.

of unsound mind and urgent cases.

by medical practitioners.

of person of unsound mind.


to the Mental Hospital.

of patient on trial.

20.Transfer of person of unsound mind from Mental Hospital to some other place.

21.Recapture of escaped person of unsound mind.

OFFENCES.

medical practitioner.

.

of certificate by person not a registered 22.Signing 23.

False medical certificate 24.Rescue of person of unsound mind from Mental Hospital.

25.Servant of Mental Hospital 26.Ill-treating 27.Ill-treating 28.Selling articles 29.Trespassing 30.Saving of civil remedy.
patients in Mental Hospital.

patients absent on trial and obstructing officer.

to inmates of Mental Hospital.

on Mental Hospital escape of patient.

permitting premises.

MISCELLANEOUS PROVISIONS.

31.Fee payable for certificate.

32.Conveyance 33.Criminal 34.Inquiry 35.Repeal of Cap.

188 of the 1929 Edition.

persons as to means of person of unsound mind.

of unsound mind.

Saving.

of person of unsound mind to Mental Hospital.

SCHEDULE.

Mental Hospital .. [Cap.

140.

1855 CHAPTER 140.


MENTAL HOSPITAL.

An Ordinance to make provision for the care of persons of 9 of 1930.

Unsound Mind and for the administration of the Mental Hospital, Berbice.

and management [8TH MARCH, 1930.]

1.This Ordinance may be cited as the Mental Hospital Short title.

Ordinance.

2.

In this Ordinance, unless the context otherwise requires, expressions have the meanings hereby assigned Interpreta­ tion.
the following to them:- " person of unsound mind " means an idiot or a person who is suffering from mental derangement ; " Medical intendent provided; Superintendent " means the Medical appointed Super­ as hereinafter of the Mental Hospital " registered qualified as such under the Colonial medical practitioner and surgery Service Ordinance to this Ordinance.

Medical " means the schedule " means a person to practise "schedule medicine : Cap.
134. and registered 3.The buildings at Fort Canje, Berbice, as a mental hospital, for the same purpose, be erected hereinafter of this Colony, o and such other buildings f t Mental Hospital.

shall be the Mental to as the Mental referred now actually en as may m Establish­ occupied hereafter Hospital Hospital.

4.The Mental Hospital Superintendent, Medical ,practitioner, time to time be appointed and such number of medical by the Governor.
officers as may from shall be under the charge of the who shall be a registered Charge of the Mental medical Hospital.

5.The Medical Superintendent shall be appointed for the proper conduct and under and Duties of the Medical Super­ intendent.

by the and shall be responsible Governor, management subject and the approval and have control Mental Hospital.
to the direction of the Mental Hospital, and shall, Services of Medical the Mental Hospital of the Director of the Governor, regulate of all the subordinate at the officers employed 1856 Cap.

140.]

Mental Hospital.

Official visitors of the Mental Hospital.

Council, 6.

(I) The members of the Executive of Medical may be pleased Legislative other persons to appoint as a Board of Official Visitors, visitors of the Mental Hospital.
as the Governor the Director and of the Services, and such from time to time Council shall be official (2)Each official visitor, on the occasion of his visit to the Mental Hospital such remarks as he may think fit.

shall enter in a book to be kept for that purpose, (3)The Medical Superintendent shall at once forward through a copy of all such entries.

the Director of Medical Services to the Chief Secretary Making of rules and regulations.
7.The Director of Medical Services may from time to time make rules and regulations of the mental hospital but no rules or regulations into operation until they have been confirmed by the Governor.

and good order shall come for the management Duties of Director of Medical Services.

8.The Director Hospital whenever of Medical he may think necessary.

Services shall visit the Mental Annual report on Mental Hospital.
9.The Medical Superintendent each year to the Governor through Services a full report Hospital during the preceding twelve months.

of all matters connected shall send in at the end of the Director of Medical with the Mental Inquiry a.a to unsound­ ness of mind.

Schedule.

Form I. district 10.

(1) The magistrate of the judicial to be of unsound mind is living, that such informant in Form No.
1 in the schedule person alleged information, informant does believe subject for confinement, such person and in the same or in some other place may hold an inquiry as to the state of mind of such person.
upon the on the oath of any and that such person is of unsound has good cause to believe mind and a proper t place examine may in any convenien in which any (2)For the purpose of such inquiry the magistrate shall have to be of unsound whom a complaint had been made for upon summary conviction: the same powers as if the person alleged were a person against an offence punishable that the magistrate inquiry mind .

.
.

in the absence may, if he thinks fit, proceed of the person alleged mind Provided with such to be of unsound (3)Every constable, poor law commissioner, district com­ that any of the Poor who has knowledge wandering at missioner*, person, whether a pauper or not and whether or Guardian *For the meaning of " district commissioner " in this section see Cap.

56, s, 9 (2) .

• Mental Hospital.

[Cap.

140.


1857 to be of unsound or is cruelly or other person having the care or charge of him shall large or not, is alleged proper care and control relative within seven days after obtaining information thereof upon oath to the magistrate in which such person is or 1s residing.

mind, and is not under or neglected give such knowledge of the judicial in Form No.

1 in the schedule district treated by any · 11.


(1) If during such inquiry it shall appear to the Me�cal · to be of unsound two registered practitioners practitioner shall, sign a certificate him to warrant him in so doing, certifying h h · b li h h certificates t at t ere 1s reason to e eve t at t e person mind, he shall mind is of unsound to examine the if the facts magistrate alleged appoint medical person and each such medical appear to such Schedule.

in Form No.
in Form No.

2 in the schedule that in his opinion 11 Form 2. person 1s a person o unsound sha mind.

Such certificate f specify in full detail the facts upon which the medical and shall clearly signing practitioner distinguish from facts facts which he himself practitioners Such medical communicated as to the previous able to give information of any person inquire of the person and shall state in their certificates history known to them which in their opinion matters be of service with person.
Ordinance which purports communicated shall have any effect under this to be founded wholly on facts reference No certificate it founds his opinion, has observed, to the medical appear likely of the treatment by others.

by others.

all to shall (2)When the person alleged place where it is impossible registered sufficient compliance with magistrate one medical without medical appoints practitioners to examine the provisions him, it shall be a if the of this section to examine him.
practitioner to be of unsound mind is in any two great delay to obtain inquiry it appears 12.

(1) Where upon such to the·magistrate for confinement, to examine Adjudication of insanity mind and a proper and com­ and the registered medical mitment to the Mental him have given their certificates, Hospital.
has been so appointed, that any person is a person of unsound subject appointed where only one such practitioner given his certificate the magistrate and a proper subject make an order for the care and custody warrant such person to the Mental Hospital of mind of such person to be of unsound mind to and may proceed and by of such person, commit under his hand in Form No.

3 in the schedule Schedule.

Fotm 3. of.


to be taken charge of the unsoundness for confinement, or he has may adjudge such person practitioners B.G.-VoL.

Ill-15 1858 Cap.

140.]

Mental Hospital.

a person of unsound into the custody of shall be delivered (2)Any person who has been adjudged mind under this section the police or other authorised and the medical certificates mind, and they shall be responsible Mental Hospital Superintendent his safe keeping under this Ordinance.
or certificate person together with the warrant of his unsoundness of for his safe conduct to the where he shall be delivered to the Medical who shall receive him and be responsible for Patient in hospital becoming of unsound mind and urgent cases.

Schedule.

Form 2.

13.

(1) If any person becomes of unsound mind whilst under Surgeon of such the Resident in any Public Hospital, may give a certificate treatment Hospital and may thereupon Mental Hospital Medical Superintendent Mental Hospital.
the certificate cause such person to be removed to the him, and the such person into the shall receive being sent with in Form No.

2 in the schedule (2)In any case which the Medical Superintendent considers urgent, he may admit into the Mental Hospital he believes whom on examination to be of unsound mind.
any person (3)Where any person of unsound mind has been admitted the Medical shall within four days after such admission who may order such person to be further examined into the Mental Hospital under this section, Superintendent make a full report on the case to t,he Director Services, by any one or more registered practitioners whom he may appoint for the purpose, such further inquiry, report the case to the Governor, to the custody and care of the person who may make such order as as he may think fit.
medical practitioner of Medica1 and after or if any, as he may think proper, he shall Admission of voluntary patients.

Form 4.
14.In the event of suitable accommodation being at any the Medical Super­ patient any person due to alcohol, at the Mental Hospital, of payment by a responsible time available intendent may receive as a voluntary from mental neurosis suffering any other cause, for care and treatment guarantee in the schedule fit to fix for his maintenance Hospital: Provided always that such person shall remain for treatment month and that reasonable notice of his removal or intended removal shall be given to the Medical Superintendent.
of such sum or sums as the Governor and treatment in the Mental for a minimum period of one in the Mental Hospital person in Form No.

4 drugs, vice, or may see on payment or Governor to order examination by medical practitioners.

15.

(1) An order for the examination may be obtained Mental Hospital authorised upon the application by the Governor of any person, in the of any patient practitioners from the Governor, by any two registered medical whether a relative or friend Mental Hospital.

[Cap.

140.
[Cap.

140.

1859 that it is proper for him the Governor of the medical that after two separate or not, who satisfies to grant such order; and on the production of the .

certificates certifying seven days intervening examinations, risk to himself in his discretion, expiration that the patient be discharged, they are of opinion or the public, of ten days from the date of the order.
order the patient so authorised with at least between the first and the second practitioners examinations the Governor may, at the to be discharged to the Governor may without (2)All the costs of and incidental to any examination under this section such examination.
shall be borne by the person applying made for in the Mental Hospital or immovable, is possessed the Director Maintenance ��a��ed to shall fix what weekly or other rate shall be estate of for his maintenance in the Mental Hospital, whether movable confined to his estate 16.If any person of any property, of Medical Services charged confinement Medical thereof person demand the Director parate execution Colony.
of Medical for the recovery is hereby authorised Services from the person in charge of the estate and if the amount is not paid within Services of the said ten days after such may proceed by thereof as a debt due to the and care during his :��':it and the Director of mind.
to demand payment but every such person shall �e liable from his responsibility to pay of such child, the maintenance for the main­ responsible or of any other person, Responsi­ bility for shall, maintenance of such child of person of unsound under the mind.

to the Mental Hospital of mind and removal 17.


( 1) No person who is legally of any child or relative of the unsoundness or such other person of this Ordinance, be absolved tenance by reason or relative authority in that respect, such monthly sum towards relative as the Director (3tances able, and the Director to demand payment thereof within ten days after such demand, Services thereof of Medical of the person of unsound of Medical as a debt due to the Colony.
or other person, may proceed shall, while an inmate of the Mental Hospital looking Services to the circum­ mind, think just and reason­ Services from such person, and if not paid is hereby authorised the Director of Medical by parate execution for the recovery (2)The husband shall be deemed to be a person legally maintenance of such inmate ,vithin the meaning responsible for the of this section.

or wife of any inmate of the Mental Hospital B.G.-VoL.

III-15* 1860 Cap.

140.]

Mental Hospital.


Discharge of patient on recovery.

of a patient, 18.

(1) The Medical Superintendent send notice recovery wife or nearest or failing be a friend of such patient, relative shall forthwith upon the or such to any person known to and where no husband or wife, to the husband thereof or friend is known then to the poor law commissioners.

relative (2)The notice shall state that the patient will be discharged within seven days from the date of the notice.
Absence of person of unsound mind from the Mental Hospital on trial.

19.

(1) The Governor may allow any person confined in the Mental Hospital to absent himself from the Mental Hospital fit, which he thinks for any period and may at any time extend such period.

does If such person not return of such period or extended hended as if he had escaped period of trial he may be appre­ from the Mental Hospital.

to the Mental Hospital upon trial at or before the expiration of unsound mind Schedule.
Form 5. on trial unless take charge (2)No person of unsound mind shall be allowed some person shall enter into an undertaking to be absent to of him in Form No.

5 in the schedule.

Transfer of person of unsound mind from Mental Hospital some other place.

to 20.
to 20.

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

Recapture of escaped person of unsound mind.


21.Any person of unsound mind who escapes from the Mental Hospital may at any time be apprehended officer, attendant peace officer, and be conveyed detention by any or by any to the Mental Hospital for of the Mental Hospital, as if he had not escaped.

or servant therein OFFENCES.

Signing of certificate by person not a registered medical .
practitioner 22.Any person, who knowingly Ordinance thereof labour, shall be liable for any period and wilfully shall be guilty of not being a registered medical practitioner, signs a certificate under this and on conviction a misdemeanour, to imprisonment not exceeding twelve months.

with or without hard False medical certificate.

23.Any registered wilfully in any certificate under anything, thereof period shall be liable not exceeding with or without shall be guilty two years.
medical practitioner this Ordinance of a misdemeanour falsely certifies and on conviction who knowingly and hard labour for any Mental Hospital.

[Cap.

140.

1861 24.Any person who rescues any person of unsound mind Rescue of while being conveyed to or while confined in the Mental ���t Hospital, or who hides escaped from the Mental Hospital, thereof, or to imprisonment not exceeding six months.
be liable to a penalty not exceeding ninety-six dollars with or without hard labour for any period any person of unsound mind who has mind from shall, on summary conviction ��:f�1.

25.Any attendant or servant of the Mental Hospital · • who Servant of Mental · 1.._ h 'lf'-1 1 tllloug WI w neg ect or conmvance perrmts any person o Hospital to escape permitting unsound mind confined therein to a penalty not ;:�!
:t shall, on summary conviction with or without exceeding hard labour for any period not exceeding under this Ordinance be liable or to imprisonment ninety-six six months.

thereof, dollars r f 26.Any-person employed or neglects at the Mental Hospital any person of unsound mind confined in the ill-treats Mental Hospital, liable to a penalty not exceeding imprisonment exceeding be dollars or to with or without hard labour for any period not shall, on summary conviction ninety-six six months.
thereof, who strikes, Ill-treating patients in Mental Hospital.

27.Any person who strikes or ill-treats enta osp1ta engage m t e execution unsound mind absent from the Mental Hospital him to be of unsound mind, or obstructs · d · h M 1 H · 1 connection summary conviction ninety-six labour for any period not exceeding or to imprisonment thereof, be liable dollars six months.
with such person of unsound mind, shall, on to a penalty not exceeding with or without hard any person of Ill-treating on trial knowing f:!�:� t�n any officer of the trial and f hi d o s uty m officer.
· obstructing 28.Any person who, without the consent of the Medical gives, sells, or barters any article Sup erintendent, or com­ modity of any kind to any inmate of the Mental Hospital inside or outside summary conviction ninety-six labour for any period not exceeding the grounds of the Mental Hospital or to imprisonment to a penalty six months.

thereof, be liable dollars with or without hard shall, on not exceeding either Selling articles to inmates of Mental Hospital.

29.
29.

(1) Any person who is found trespassing to or appertaining d build.in d :ffi h • h t on Mental groun s, gs, yar s, o ces or any ot er prermses w a ever Hospital to the Mental Hospital, belonging enters upon the same without being duly authorised shall, on summary conviction thereof, not exceeding fifty dollars hard labour for any period not exceeding be liable to a penalty with or without or to imprisonment or who premises.

three months.

to do so, upon any Trespassing 1862 Cap.

140.]


Mental Hospital.

(2)Any such person may be apprehended servant rural constable and be taken before to law.

with according by any officer, or by any police to be dealt of the Mental Hospital, a magistrate or attendant or Saving of civil remedy.
30.Nothing from bringing person act or omission wrong by reason punishable in this Ordinance any action shall operate or obtaining he or she has suffered any to prevent any redress for an or whereby only that under this Ordinance.

such act or omission any injury is an offence MISCELLANEOUS PROVISIONS.

Fee payable or certificate.

medical 31.

( 1) Every registered in the receipt of public pay shall be bound to give certificates under this Ordinance by any law or regulat be entitled any such certificate.
charge to any person whom he is required free of charge ion to attend to a fee of five dollars from every other person for practitioner and he shall without (2)Every registered medical practitioner not in receipt of pay shall be entitled to receive out of the funds under their control public missioners, medical aid for the poor in the rural districts, dollars in respect for every certificate of any pauper alleged to be of unsound from the poor law com­ mind.
the sum of five given by him under this Ordinance for providing Conveyance of person of unsound mind to Mental Hospital.

32.All officers of police shall give proper assistance of persons in the of unsound except by persons, mind, in con­ to the Mental Hospital expenses or friends of persons conveyance mind ; and all reasonable the relatives veying them to the Mental Hospital, persons by the poor law commissioners their control in respect of any pauper a]]eged mind.
incurred of unsound shall be repaid to such out of the funds under to be of unsound Criminal persons of unsound mind.

33.All persons of any under the provisions of to persons and of offences, in custody Ordinance for the time being in force relating unsound mind charged with or convicted confined elsewhere than in the Mental Hospital to the provisions there by order of the Governor, time by order of the Governor, were.
which they formerly of the said Ordinance, at any time be removed in the custody be replaced may, subject and may also, at any subsequent in Inquirya.s to means or person of unsound mind.

34.The poor law commissioners by the Governor or the Medical duly or other persons when requested by a and Superintendent, shall, appointed magistrate report as to the means of any person of unsound make inquiries mind or person Mental Hospital.

[Cap.

140.
[Cap.

140.

1863 alleged relatives to be of unsound able to maintain mind or as to whether or assist he has any him.

in maintaining 35.The Lunatic that such repeal Provided or any act lawfully Ordinance lawfully coming into operation detained detained before the passing Asylum Ordinance is hereby repealed Repeal of Cap.

188 given shall not affect any certificate of the 1929 under the said Edition.

Saving.
Saving.

; and all persons of this Ordinance done or thing suffered : in the Mental Hospital at the time of the of this Ordinance shall be deemed to be under the provisions of this Ordinance.

SCHEDULE.

FoRM No.

1. s. IO.

BRITISH GUIANA.

Information as to Insanity.

In the Judicial In re A.B., person alleged District.

to be of unsound mind.

mind.

single of C.D., of The information who saith on his (her) oath believe finement, correct that A.B.
that he (she) has good cause to believe and does fox con­ as to the said A.B.

are true and to be of unsound mind 1 mind and a proper subject to the best of his (her) information or widowed.

8.Any children.

is a person of and that the following unsound particulars and belief:- 1.Name of person alleged to be of unsound 2.

Age.

3.Sex.

4.Native of Colony.

5.

Occupation.

6.Place of residence.

7.Married, 9.How long alleged 10.Supposed 11.Whether present 12.Whether dangerous 13.Whether suicidal.
14.Whether subject 15.Have any of the relatives 16.Is the person temperate 17.Is the person a relation, 18.How long bas the person been known to you ?

19.Name and address relative is fust attack.

to others.

?

if so degree of relationship, mind?

been of unsound to epilepsy of nearest or friend.

or friend ?

(fits).

cause.

Sworn before me this day of 19 (Signature) Magistrate.

(Signature) C.D., Informant.

1864 Cap.

140.]

Mental Hospital.

ss.

11 and 13.

FORM No.

2.


Medical Certificate of Unsoundness of Mind.

to be of unsound mind.

In re A.B., person alleged I, the undersign ed a Registered Medical Practitioner of British other Medical Practitioner Guiana do hereby declare visited that I have this day separately and personally examined at from any A.B., with respect to whom I have obtained certain particulars of information detailed below, arcl I certify that the said A.B.
is of unsound mind and is a proper person to be detained under the care and treatment the Mental Hospital, and I declare following grounds : in that I have formed this opinion on the (1)Facts indicating (2)Other facts (if any) indicating unsoundness of mind observed unsoundness by myself.

of mind com­ municated to me by others.

(3) Particula rs of information.

1.What is the apparent 2.How many times visited 3.Has the patient been violent ?

age of the patient ?


to others, if so state the nature of the violence ?

4.Has the patient been violent to himself (herself), if so, state particulars ?

5.

Is he (she) dirty, destructive , untidy or obscene ?

6.Has the patient been subject to any illness, if so, what ?

7.

Any further information desirable be considered to give.

that may be of advantage, and that it may s. 12.

FoRM No.

3.

(Signature) Medical Practitioner.

Warrant to commit person of unsound mind to Mental Hospital.
BRITISH GUIANA.

In the Judicial District.

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

To all Police Constables and to the 'Medical Superintendent of the Mental · Hospital.

Whereas it has been made to appear to my satisfaction that A.B., of is a person of unsound mind and a proper subject to be confined under care and treatment in the Mental Hospital; Now, therefore, I do hereby adjudge the said A.B., to be a person of unsound mind ; And do order and direct that the said A.B.
shall be conveyed by some police constable or (see Sec.

12 (2)) to the Mental Hospital together unsoundness Hospital, there to be kept until he (she) is lawfully therefrom under the provisions with this warrant and with the Medical Certificate of mind to the Medical Superintendent of the Mental Hospital given of his (her) of the said Mental Ordinance.

removed or discharged and there delivered Dated the day of 19 (Signature) Magistrate.

Mental Hospital.

[Cap.

140.

1865 FoRM No.

4.

8.

14.


Letter of Obligation for Payment.

Sir,- In consideration as a patient, (or direct of your admitting oblige I hereby to you) the said patient's myself to pay to the Director and per month or such other rate as may board monthly, into the Mental Hospital Services of Medical in advance, at the rate of $ from time to time be determined supplies for the patient, supplied same.

I also oblige in case of death, the funeral charges, incumbent the Mental Hospital.
of clothes by you, to pay the Director on me as surety to receive myself by the Governor, to provide or, in the event of such cl0thes (or you) for the Services of Medical the patient when discharged, to defray, the requisite being for the patient, according and to fulfil any other condition to the regulations of Sign ature Berbice.

EJ Superintendent, Mental Hospital, To the Medical FoRM No.

5.

Un<lertaking by Relative or Friend,.

s. 19.


In the event of by the Medical over to my care and custody Hospital, that not become chargeable I hereby undertake to any charitable shall be properly be prevented I shall insure, observation.
from doing injury to as far as possible, institution in this Colony, and that taken care of in every way, and shall or others and this by having him (her) under constant Superintendent being delivered of the Mental shall Witness my hand this day of 19 before Taken and acknowledged me this day of 19 Signature.

Signature.

Magistrate.