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shall be according to the form in the schedule A annexed to license. this section.

It shall be under the hands and seals of three or more Signature. justices of the peace for the district in general sessions assembled, of whom the chairman or other presiding officer of such general sessions for the time being shall be one.

It shall be granted for such period, not exceeding thirteen Duration of months, as the justices of the peace think fit. C. S. C., c. 73, license.

s. 31.

$6.-Duties of the Clerk of the Peace after the granting of the License.

sent to the

3248. In every case in which a license for the reception of Copy of lunatics is granted by any justices of the peace, the clerk of the license to be peace for the district shall, within fourteen days after such Provincial license has been granted, forward a copy thereof to the Provin- Secretary. cial Secretary. C. S. C., c. 73, s. 27.

3249. Any clerk of the peace, omitting to send such copy Penalty for within such time, shall for every such omission be liable to a omission. fine not exceeding eighty dollars. C. S. C., c. 73, s. 28.

$7.-Cost of License and Application thereof.

3250. For every license there shall be paid to the clerk of Fees thereon the peace for every patient proposed to be received into such house, the sum of two dollars.

If the total amount of such sums of two dollars do not amount to sixty dollars, then so much more as together make up the sum of sixty dollars.

No such license shall be delivered until the sum payable License for the same has been paid. C. S. C., c. 73, s. 33.

issued only

upon pay

ment.

3251. If the period for which a license is to be granted be May be less than thirteen months, the justices of the peace may reduce reduced. the payment to be made on such license to any sum not less than twenty dollars. C. S. C., c. 73, s. 34.

3252. All moneys to be received for licenses granted by Application. any justices of the peace under this section shall be applied by of fees. the clerk of the peace for the district towards the payment of the salary or remuneration of the clerk to the visitors for such district and towards the payment or discharge of the costs, charges and expenses incurred by or under the authority of the same justices of the peace or visitors, in the execution of or by virtue of this section. C. S. C., c. 73, s. 35.

3253. The clerk of the peace for every district shall keep Clerk of the an account of all moneys received and paid by him under or account of the peace to keep by virtue of or in the execution of this section; such account moneys reshall be made up to the last day of December in each year ceived or expended. inclusively and shall be signed by two at least of the visitors for the district, and every such account shall be laid by the

Security to be given by licensee.

One license for each house. Proviso.

Alterations in asylums.

When license assignable.

clerk of the peace before the justices of the peace at the first general sessions in the ensuing year. C. S. C., c. 73, s. 36.

§ 8.-Security to be given before obtaining a License.

3254. No license shall be granted or renewed, unless the person to whom such license is granted or renewed enters into a bond to Her Majesty in the sum of four hundred dollars, with two sufficient sureties, each in the sum of two hundred dollars, or one sufficient surety in the sum of four hundred dollars, under the usual conditions for the good behaviour of such person during the time for which such license is granted or renewed. C. S. C., c. 73, s. 32.

$9.-Extent of the License.

3255. No license shall include or extend to more than one house.

If, however, there be any place or building detached from a house to be licensed, but not separated therefrom by ground belonging to any other person, and if such place or building be specified, delineated and described in the notice, plan and statement herein before required to be given, in the same manner in all particulars as if the same had formed part of such house, then such detached place or building may, if the justices of the peace think fit, be included in the license for the house, and, if so included, shall be considered part of such house for the purposes of this section. C. S. C., c. 73, s. 24.

3256. No addition or alteration shall be made to, in or about any licensed house, or its appurtenances, unless previous notice in writing of such proposed addition or alteration, accompanied with a plan thereof to be drawn upon the scale and with the description mentioned in article 3242, has been given to the clerk of the peace by the person to whom the license has been granted, or unless the consent in writing of two of the visitors has been previously obtained. C. S. C., c. 73, s. 25.

$10.-Transfer of the License.

3257. If any person, to whom a license has been granted, become, by sickness, or other sufficient reason, incapable of keeping the licensed house, or die before the expiration of the license, any three justices of the peace for the district, of whom a judge of the Superior Court shall be one, may, by writing endorsed on such license under their hands, transfer the license with all the privileges and obligations attached thereto, for the term then unexpired, to such person as at the time of such incapacity or death was the superintendent of such house, or had the care of the patients therein, or to such other person as such justices of the peace approve.

In the mean time, such license shall remain in force, and have the same effect as if granted to the superintendent of the house. C. S. C., c. 73, s. 37.

3258. In case a license has been granted to two or more Survivorship. persons, and before the expiration thereof, one or more of such persons die leaving the other or others surviving, such license shall remain in force and have the same effect as if granted to the survivor or survivors. C. S. C., c. 73, s. 38.

§ 11.-License in the case of changing the House.

3259. If any licensed house be pulled down or occupied Transfer of under the provisions of any act of the Federal Parliament or patients. of this Legislature, or

Be, by any vis major, or by fire, tempest or other accident, rendered unfit for the accommodation of lunatics, or

If the person keeping any such house desire to transfer the patients to another house,

tion for such

purpose.

Two or more of the visiting justices of the peace for the Authorizadistrict within which the new house is situate, upon the payment to the clerk of the peace of not less than four dollars, may grant to the person whose house has been so pulled down, occupied or rendered unfit as aforesaid, or who desires to transfer his patients as aforesaid, leave or license to keep such other house for the reception of lunatics, for such time as the said justices of the peace think fit.

The same notice of such intended change of house, and Notice the same plans and statements and descriptions of and as to required. such intended new house, shall be given as are required when application is first made for license for any house, and shall be accompanied by a statement in writing of the cause of such change of house.

Except in cases in which the change of house is occa- Delay on sioned by fire and tempest, seven clear days' previous notice notice. of the intended removal shall be sent by the person to whom the license for keeping the original house was granted, to the person who signed the order for the reception of each patient, or the person by whom the last payment on account of each patient had been made. C. S. C., c. 73, s. 39.

§ 12.-Cancelling of Licenses.

3260. In case a majority of the justices of the peace of any Revocation of district, in general sessions assembled, resolve to recommend to license. the Lieutenant-Governor the revocation of any license granted under this section, or that the same be not renewed, such justices of the peace shall cause to be given to the person licensed, or to the resident superintendent of the licensed house, or to be left at the licensed house, seven clear days' previous notice in writing of the intended recommendation. C. S. C., c. 73, s. 40.

When the
Lieutenant-

Governor

3261. Upon the receipt of such recommendation the Lieutenant-Governor, by an instrument under his hand and seal, may revoke. may revoke or prohibit the renewal of such license; and, in the case of a revocation, the same shall take effect at a period to be named in the instrument, not exceeding two months from the time a copy or notice thereof has been published in the Quebec Official Gazette. C. S. C., c. 73, s. 41.

How revocation notified and promulgated.

Orders for admission of patients.

Medical.

certificates.

Facts to be certified.

When physicians not

allowed to certify.

The form of mental disorder to be entered.

3262. A copy or notice of the instrument of revocation shall be transmitted to the person licensed or to the resident superintendent of, or be left at, the licensed house, after which the same shall be published in the Quebec Official Gazette. C. S. C., c. 73, s. 42.

§ 13.-Admission of Patients into Licensed Houses-Formalities required.

3263. No person, whether being or represented to be a lunatic, or only a boarder or lodger, in respect of whom any money is or should be received for board, lodgingor any other accommodation, shall be received into or detained in any licensed house without an order under the hand of some person according to the form and stating the particulars required in schedule B of this section, or without the medical certificates, according to the form in schedule C. of two physicians not being partners or brothers, or father and son, and each of whom, separately from the other, had personally examined the person to whom it relates not more than seven clear days previous to the reception of such person into such house, and each of whom signed and dated the certificate on the day on which such person was so examined. C. S. C., c. 73, s. 43.

3264. Every physician who signs any such certificate shall specify therein the fact or facts, whether arising from his own observation or from the information of any other person, upon which he has formed his opinion that the person to whom such certificate relates is a lunatic, or an insane person, or an idiot, or a person of unsound mind. C. S. C., c. 73, s. 44.

3265. No physician who is, or whose father, brother, son or partner is, wholly or partly the proprietor of or a regular professional attendant in a licensed house, shall sign any certificate for the reception of a patient into such house; and no physician, who signs, or whose father, brother, son or partner signs the order hereinbefore required for the reception of a patient, shall sign any certificate for the reception of the same patient. C. S. Č., c. 73, s. 49.

3266. The form of the mental disorder of every patient received into any licensed house shall, within seven days after the reception, be entered in the book of admissions by the medical attendant of the house; and every medical attendant; who omits to make any such entry within the time aforesaid,

shall for every offence incur a fine not exceeding ten dollars. Under C. S. C., c. 73, s. 51.

§ 14.-Admission of Patients into Unlicensed Houses. Formalities

required.

penalty.

into unlicens

3267. No person shall receive to board and lodge in any Lunatics not house not licensed under this section, or take the charge or to be received care of any insane person without having first obtained the ed houses medical certificates required by this section for the admission without of an insane person into a licensed house. C. S. C., c. 73, s. 45. certificates.

medical

physician

3268. Any person may, under special circumstances, be re- When certi ceived into any such house, upon such order with the certificate ficate of one of one physician alone, provided the order state the special cir- sufficient. cumstance which prevented the person from being examined by two physicians; but in every such case another certificate shall be signed by some other physician, not connected with any house licensed as aforesaid, and who has specially examined such person within three days after his reception into such house. C. S. C., c. 73, s. 47.

§ 15.-Powers of Proprietors of Licensed Houses.

licensed

patients, &c.

3269. Every proprietor or superintendent of a licensed house, Persons who receives a proper order in pursuance of this section accom- authorized to panied with the required medical certificates or certificate for receive and the reception or taking care of any person as a lunatic, and the detain assistants and servants of such proprietor or superintendent, may take charge of, receive and detain such patient until he dies or is removed or discharged by due authority; and, in case of the escape of the patient, may retake him at any time within fourteen days after his escape and again detain him as stated in article 3271. C. S. C,, c. 73, s. 88.

is may

n for 078

at of their health.

3270. The proprietor or superintendent of any licensed house, On what with the consent in writing of any two of the visitors of such authority house, may send or take, under his own control or under that 2 of a competent person, any patient to any specified place for e any definite time for the benefit of his health; but, before such consent is given by any visitors, the approval in writing of the person who signed the order for the reception of the patient, or by whom the last payment on account of such patient has been made, shall be produced to such visitors, unless they on cause shown dispense with the same. C. S. C., c. 73, s. 86.

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3271. In every case in which a patient, under any of the What tempowers or provisions of this section, is removed temporarily pora cirfrom the licensed house into which the order of his reception not rect has been given, or is transferred from such house into house, and also in every case in which any patient has escaped orier. from any such house and been retaken within fourteen days. next after such escape, the certificates relating to, and the

any new

OP 41 certiate and

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