LATEST TELEGRAMS.
(Continued from Second Page.) suggestions which seems to us necessary if 1 ie Bystem is still to be maintained. The provisions of the 15th section of the Act of 186S »y which power is given to any person to procure the detention or any other person as a lunatic appears to us capable of beingnsed in an oppressive manner, and we have, thercforo, suggested clauses to be substituted for the section in question, whereby the power of applying is limited to the relations, friends, or householders, and the necessity is created for a judicial decision by a Resident Magistrate that the alleged lunatic has been proved, to his satisfaction, to be insane. The propriety of the intervention of a judicial decision on all occasions before the commitment of a person .°<? a lunatic has be?n fully recognised. It would be convenient to substitute "Inspector" for " Colonial Seer tary " in cases requiring prompt action, leaving, however, an appeal to the Colonial Secretary for his intervention. It would also he convenient that the Superintendents of public asylums should be tie persons to receive and recover payments for the maintenance of lunatics instead of the Colonial Treasurer. A question has been brought under our aotice respecting the propriety of J'rniting by law the vague provisions for the detention of persons fount! not guilty if indictable offences on the ground of insnity, and persons found on arraignment uti. ; to plead on the ground of insanity, "dr ng the Colonhl Secretary's pleasure " In England there is a statutory provision for the discharge of persons acquitted of misdemeanours, but we have not been able to di-cover whether there is any established custom with regard to cases of felony. On the one side it seems illogical to detain in custody as a luoatic a person of aouud mind, who, when oafc of his miod and irresponsible, bad committed an act which would have been a crime had he been aane, and on the other aide it might he startling to the feelings of the community if the perpetrator of that which would have been a great crime if he hsd been sane should, on the supposition that ha bad become perfectly same, 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 attendants to take the initiative in procuring the discharge of persons fit to be removes. Anew clause for the re-con-fining of a person who has bad leave of absence when he is not properly cured has been recommended to meet a probable contingency. A new provision ia added making the property within the colony of a lunatic who has been removed from the colony still liable to the Act. and power is given to transmit moneys from such property for the maintenance of the lunatic. The Commissioners say ia conclusion : — " We think it right to acknowledge our obligations to the late Inspector of Lunatic Asyums (Dr Skae) from whom both before and in the early stages of the Bill we received many valuable suggestions, most of which are incorporated in the Bill."
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/NEM18810719.2.8
Bibliographic details
Nelson Evening Mail, Volume XVI, Issue 170, 19 July 1881, Page 2
Word Count
529LATEST TELEGRAMS. Nelson Evening Mail, Volume XVI, Issue 170, 19 July 1881, Page 2
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.