custody of

the Consolidated Statutes of Manitoba, on account of being a nected with lunatic, idiot or person of unsound mind, all the expenses in- lunatics etc. curred in connection with the arrest, custody, transportation, care and maintenance of the said person shall be borne by the municipality in which the said lunatic, idiot or person of unsouud mind had his or her place of residence or permanent place of abode at the time of such arrest and committal; and if the justice or justices of the peace making such committal or who have made enquiries as to the property and relatives of the person so committed, required by said last mentioned Act, shall be of opinion as the result of such enquiries that the said lunatic, idiot or person of unsound mind is possessed of sufficient means to pay for his care and maintenance in such gaol or lunatic asylum; or, being himself without such means, that he has relatives or other persons belonging to or connected with him legally liable to provide and capable of providing for his or her care and maintenance, and shall so certify under the hand or hands of said justice or justices, either at the time of such examination and committal or subsequently, the said municipality shall be entitled to recover the said costs and charges that it shall have necessarily and legally paid in connection with said committal, care and maintenance from and out of the estate of the said lunatic, idiot or person of unsound mind, or from the person or persons mentioned in said certificate as being legally liable and capable as aforesaid.

penses may be recovered.

5. The said costs and charges shall be recoverable at the How said exsuit of the municipality in any court of competent jurisdiction and the certificate of such justice or justices of the peace as aforesaid, shall be received by and in such court as prima facie evidence of the truth of the facts stated therein, provided that the municipality shall not be bound to demand or sue for such costs and charges if for any reason it is deemed inadvisable to do so; and may otherwise make such arrangement as may be thought proper for the payment of said costs and charges or a portion thereof out of said estate, if any, or by the person or persons claimed to be so legally liable, or may abandon all claim against said estate or against the person or persons mentioned in the said certificate.

to make esti

patients per

6. So soon after the said asylum is fully established as it Medical supt. can be done the said medical superintendent shall make an mate of averestimate of the average cost of the care and maintenance of age cost of each patient therein per month, and shall furnish the provin- month. cial treasurer with such estimate and the basis on which it was made, and also with the names of the persons then or who had been confined in said asylum and of the municipalities from which they had been sent, with the dates of their committal and discharge (in case any have been discharged), and the said treasurer shall forthwith notify the treasurer of each municipality from which the persons so confined or who had been so

palities of sum

which they are

liable.

Prov. treas, to confined of the sum per month for which any such municipality notify municiwas liable for the cost, care and maintenance of any person or per month for persons so confined or who had been so discharged, in order that the said municipality if it sees proper may take steps to secure or obtain the payment of such cost and expense from the party or parties, if any, liable to pay the same, as hereinbefore mentioned; and such notification shall be received as evidence of the claim of such municipality in any proceeding for the recovery of the said cost and expenses (commenced after a demand has been first made therefor) and shall contain all the particulars necessary to inform the municipality as to its indebtedness in the premises for the past, and its liability, if any, for the future, or until a further notification as to said liability shall be given based upon the statement mentioned in the next succeeding clause.

Medical supt, to furnish

annual statement to P. T.

Mun.-Treas. to transmit amount required.

$50,000 to be

appropriated

7. On or before the tenth day of January in each year the medical superintendent of the asylum shall furnish the provincial treasurer with a statement of the names and number of the persons committed during the year ending on the previous 31st day of December; the date of admission, the cause of insanity, idiotcy, or unsound mind, if known, the cost of maintenance, the date of discharge, the number of days in custody, the medical comforts supplied and costs thereof, the municipality from which each has been sent, and any other information necessary to a just and equitable apportionment of the cost incurred in the maintenance of the different persons confined therein.

8. It shall be the duty of the treasurer of such municipality upon receipt of any notification of such indebtedness containing a demand for payment thereof, to transmit forthwith the amount so claimed as due and payable, and in the event of the said municipal treasurer failing, neglecting or refusing so to do, the said provincial treasurer as such may, on behalf of the Province, sue for and recover the same as in the case of an ordinary debt.

9. There shall be appropriated from the consolidated revenue out of C. R. F. fund of the Province a sum not exceeding fifty thousand dollars to defray the cost of the purchase of the necessary site and the erection thereon of the said lunatic assylum.

Current expenses, how borne.

10. A further sum, sufficient to pay the salaries of officers connected with and the ordinary running expenses of the institution, shall be estimated in each and every year; but the expenses connected with the care and maintenance of the parties confined therein shall so far as possible be borne by the municipalities as aforesaid.

self-supporting

11. After the opening of said institution and until such P. T. to pay extime as the receipts on account of the care and maintenance penses until of the persons confined therein shall be sufficient to meet the necessary expenditure thereof or other necessary expenditure not herein before provided for, the said provincial treasurer may make such necessary outlay out of the funds or current revenue of the Province applicable to general purposes.

approve rules,

12. All rules and regulations for the management of the Lieut.-Gov, to institution shall be subject to the approval of the Lieutenant- etc. Governor in council, and a copy of the same shall be kept posted up in three or more conspicuous places in the building.

13. The said asylum shall be situated in Winnipeg.

14. This Act may be cited as "The Act respecting Lunatics." Short title.

CAP, XVI.

An Act respecting Aid to Charitable Institutions.

[Assented to 7th July, 1883.]

Her Majesty, by and with the advice and consent of the Freamble. Legislative Assembly of the Province of Manitoba, enacts as follows:

hospital may

1. The Lieutenant-Governor in council may, from time to Any public time, by order in council, direct that any public hospital incor- receive porated by special Act or by letters patent under the great provincial aid. seal of the Province shall upon, from and after a day named in said order and until such order is rescinded by a subsequent order or a resolution of the legislative assembly, receive aid

under the provisions of this Act at the rate of twenty-five How and how cents per day for each day's actual treatment and stay of every patient admitted to or living within such institution during the calendar year next preceding the year for which such aid is given.

counted.

2. In calculating the amount of aid to be so given, under Day of dethis Act, to any such institution, as aforesaid, the day of parture not departure of any such patient or person from any such institution shall not be counted or reckoned.

patients must

3. No warrant shall issue for the payment of any sum of Small-pox money under this Act to any hospital to which small pox be kept in patients are admitted, unless a certificate has been filed with separate ward.

Prov.-Treas. may pay aid periodically.

the department of agriculture, statistics and health, signed by a medical officer or some other official of such hospital to the effect that there is in such hospital a distinct and separate ward set apart for the exclusive accommodation of patients afflicted with small pox.

4. The treasurer of the Province (with the authority of the Lieutenant-Governor in council) may from out of any public moneys of the Province, in the hands of said treasurer, applicable to general purposes or for any moneys appropriated for the purpose by the legislative assembly, advance and pay, by such periodical payınents, in every year, as the LieutenantGovernor in council may, by any general or special order, from To be based on time to time, fix and determine, to any institution entitled to

returns.

Lieut.-Gov.

may fix form

and oath of

verification.

receive aid under this Act, all sums to which such institution may be so entitled; and each payment or payments shall be based upon the return or returns, report or reports, hereinafter mentioned.

5. The Lieutenant-Governor in council may, from time to of such return time, by order in council, fix and direct the particulars to be contained in and the form, manner and time of such return or returns as to the said Lieutenant-Governor may, for the due carrying out of the provisions of this Act, seem proper with regard to any such institution, and by like order in council may fix and direct the form and manner of oath or declaration, (if any) required for the verification of any such return, and the person by whom such oath or declaration shall be made; and any such oath or declaration may be taken before and administered by any justice of the peace or commissioner for taking affidavits.

Annual Returns of

particulars of treatment to be made in duplicate.

6. In case no such order in council, as mentioned in the last patients and preceding section, is issued or passed or direction given, the trustee or trustees or managers or others having the recognized supervision, control or management of said institution and of the funds thereof, shall, on or before the 31st day of January in each and every year, cause to be made to the department of agriculture, statistics and health, a return in duplicate for the information of the said Lieutenant-Governor in council, showing the names and number of patients or persons who have been under actual treatment or been received and lodged or kept in such institution during the calendar year next preceding, the nature of the diseases for which they have been respectively treated or the grounds on which they have been respectively received, lodged or kept, with the day on which each such patient or person had been received and of his or her departure, the place from which such patient or patients had come or been sent, his or her nationality and religion and such other particulars as are usually noted in the books of any such institution and which are usually given in such returns;

and such return shall be verified by the person or persons or Oath thereto. party making the same by oath or declaration taken or made in manner aforesaid.

7. Any person who knowingly or wilfully makes or is a party to, or to procuring to be made, directly or indirectly, any false return, either under this Act or any such order in council shall thereby incur a penalty of five hundred dollars, which penalty may be recovered with costs by civil action or proceeding at the suit of the Crown in any form allowed by law and before any court of competent jurisdiction in the Province.

False return.

Penalty for.

Charitable

8. The provincial health superintendent shall, by virtue of P. H. S. to be his office, be the inspector of every institution receiving aid Inspector of under this Act, and the said superintendent shall, from time Institutions to time, or as required by any order in council or by the Minister of agriculture, statistics and health, visit and inspect His duties. any or every such institution, and make all proper inquiries as to the maintenance, management and affairs thereof, and by examination of the registers and such other means as he may deem necessary, particularly satisfy himself as to the correctness of any returns made under this Act or under any order in council in that behalf, as aforesaid, and upon all such matters he shall make a report to the department of agriculture, statistics and health.

before grant is

and report

made.

9. Before any order in council is passed, as mentioned in P. H. S. to visit the first section of this Act, for granting aid to any institution coming within the provisions of this Act, the said vincial health superintendent shall visit such institution and report thereon for the information of the said LieutenantGovernor in council, and in order to entitle such institution to said aid, such report must show that the institution in question has a sufficient number of beds to accommodate the patients therein, has a duly qualified medical attendant, and has all the usual and proper requirements for one of its nature and objects.

be laid before

10. A copy of every order in council, as aforesaid, and every Orders, etc.. to report and a copy of such return or returns for the previous L. A. year or portion thereof, subsequent to the last meeting of the said legislative assembly, and of the sums paid to each institution during the same period shall be laid before the said legislative assembly as soon as conveniently may be after the commencement of every session thereof.

11. The Lieutenant-Governor in council may by order in Lieut.-Gov. council direct that any institution receiving aid under this Act may cancel shall not after the date of such order receive any such aid; and thereupon and whilst such order remains unrevoked, such