LUNATICS CONSOLIDATION BILL.

Globe, Volume XXIII, Issue 2276, 19 July 1881, Page 3

LUNATICS CONSOLIDATION BILL.

[By Xhukjbjlph.] Hfboh thh own cobrbspondbnt ob thb II pjinaß "", WELLINGTON, July 18. An important Bill, drafted by tho Commission, is the Lunatics Consolidation Bill. In view of the prominence recently given to the question, the remarks of the Commissioners in their report derive speoial interest. They say— *' In the consolidated Bill we have refrained from suggesting any enaotmonts involving changes of the system of administration in the absence of any indication of the probable wishes of the Legislature on this subjeot, but we have proposed a few additional or substituted provisions which aoem to us calculated to carry out more effectually the evident intention of the Legislature. It seems very undesirable that the treatment of "habitual drunkards" should be conduotedin ordinary asylums or licensed houses for lunatios, as it is at present. We have much doubt about tho utility and propriety of the system now sanctioned by law. We havo not deemed ourselves justified in omitting the existing provisions on the subject, but we have inserted some- new provisions by way of suggestions which seem to us necessary if the system is still to bo maintained. The provisions of the 15 th seotion of the Act of 1868, by whioh power is given to any person to procure the detention of any other person as a lunatic, appear to us capable of being used in an oppressive manner, and we have, therefore, suggested clauses to be substituted for the seotion in question, whereby the power of applying is limited to relations, friends, or householders, and the necessity is oreated for judicial decision by a Resident Magistrate that the alleged lunatio has been proved to his satisfaction to be insane. The propriety of the intervention of a judioial decision on all occasions before the commitment of a person as a lunatic has been fully reoognisod. It would be convenient to substitute "inspector" for "Colonial Seoretary" in cases requiring prompt aotion, leaving, however, an appeal to the Colonial Secretary for his intervention. It would also be convenient that superintendents of public asylums should be persons to receive and recover payments for the maintenance of lunatics instead of the Colonial Treasurer. A question has been brought to our notice respecting the propriety of limiting by law the vague provisions for tho detention of persons found not guilty of indictable offences on the ground of insanity and persons found on arraignment unfit to plead on the ground of insanity "during the Colonial Secretary's pleasure." In England there is a statutory provision for the discharge of persons acquitted of misdemeanors, but we have not been able to discover whether there is any established oußtom with regard to cases in the oolony. On one side it seems illogical to detain in custody as lunatio a person of sound mind, who, when out of his mind, and irresponsible, had committed an act which would have been a crime had he been sane; and, on the other side, it might be startling to the feelings of the community if the perpetrator of that whioh would have been a great crime if he had been sane should on the supposition that he had become perfectly sane be restored to liberty immediately. We have inserted certain propositions on this subject." They also recommend a new and important clause to be introduced for the purpose of enabling the medical attendant to take the initiative for procuring the discharge of persons fit to be removed. New clauses for reconciling a person who has had leave of absence, when he is not properly cured, have been recommended. To meet a probable contingency a new provision is added, making property within the colony of a lunatio who has been removed from the oolony still liable to the Act, and power is given to transmit moneys from such property for the maintenance of the lunatic. The Commissioners say, in conclusion, " We think it right to acknowledge our obligations to the late Inspector of Lunatio Asylums (Dr Skae), from whom, both before and in the early stages of the Bill, we received many valuable suggestions. Most of these are incorporated in the Bill."