Form of conviction. LIX. And be it enacted, That the Justices before whom any person shall be convicted of any offence against this Act for which a pecuniary penalty is imposed, may cause the conviction to be drawn up in the following form, or in any other form to the same effect, as the case may require; and that no conviction under this Act void for want of form, shall be void through want of form: No conviction to be Appeal to the Quarter Actions to be commenced within twelve months. Offenders not to be prosecuted, nor penalperson without autho ties sued for by any rity of Visitors, at day of , in the District (or County) of Her Majesty's Justices "Be it remembered, that on the and we the said for his offence to pay the sum of LX. Provided always, and be it enacted, That any person who shall think himself aggrieved by any Order or Determination of any Justices under this Act, may, within four months after such Order made or given, appeal to the Justices at General or Quarter Sessions; the person appealing having first given at least fourteen clear days' notice in writing of such appeal, and the nature and matter thereof, to the person appealed against, and forthwith after such notice entering into a Recognizance before some Justice with two sufficient sureties, conditioned to try such appeal and to abide the Order and Award of the said Court thereupon; and the said Justices at General or Quarter Sessions, upon the proof of such notice and Recognizance having been given and entered into, shall, in a summary way, hear and determine such appeal, or if they think proper, adjourn the hearing thereof until the next General or Quarter Sessions, and if they see cause, may mitigate any penalty to not less than one fourth of the amount imposed by this Act, and may order any money to be returned which shall have been levied in pursuance of such Order or Determination, and shall and may also award such further satisfaction to be made to the party injured, or such costs to either of the parties as they shall judge reasonable and proper; and all such determinations of the said Justices at General or Quarter Sessions shall be final, binding and conclusive upon all parties to all intents and purposes whatsoever. LXI. And be it enacted, That if any action or suit shall be brought against any person for any thing done in pursuance of this Act, the same shall be commenced within twelve months next after the release of the party bringing the action, and shall be laid or brought in the District or County where the cause of action shall have arisen, and not elsewhere and the defendant in every such action or suit may, at his election, plead specially or plead the general issue not guilty, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if the same shall appear to be so done, or that such action or suit shall be brought in any other District or County than as aforesaid, or shall not have been commenced within the time before limited for bringing the same, then the Jury shall find a verdict for the defendant; and upon a verdict being so found, or if the plaintiff shall be non-suited or discontinue his action or suit after the defendant shall have appeared, or if upon demurrer judgment shall be given against the plaintiff, then the defendant shall recover double costs, and have such remedy for recovering the same as any defendant hath or may have in any other cases by law. LXII. And be it enacted, That it shall be lawful for the Clerk of any Visitors on their Order, to prosecute any person for any offence against the provisions of this Act committed within the jurisdiction of such Visitors, and to sue for and recover any penalty to which any person within the jurisdiction of such Visitors is made liable by this Act, and all penalties sued for and recovered by any such Clerk shall be paid to him, and be by him paid to the Clerk of the Peace for such District or County, and be by such Clerk of the Peace applied and accounted for as hereinbefore directed with respect to moneys received for licenses by such Clerk of the Peace, and it shall not be lawful for any one to prosecute any person for any offence against the provisions of this Act, or to sue for any penalty to which any person is made liable by this Act, except by by Order of Visitors having jurisdiction in the place where the cause of prosecution has arisen or the penalty been incurred, or with the consent of Her Majesty's Attorney General or Solicitor General for Lower or Upper Canada, as the case may require, for the time being. LXIII. And be it enacted, That when any person shall be proceeded against, under the provisions of this Act, for omitting to transmit or send any copy, list, notice, statement or other document hereinbefore required to be transmitted by such person, and such person shall prove by the testimony of one person upon oath, that the copy, list, notice, statement, or other document in respect of which such proceeding is taken was put into the proper Post Office in due time, or (in case of documents required to be transmitted to a Clerk of the Peace), left at the office of such Clerk of the Peace, and was properly addressed, such proof shall be a bar to all further proceedings in respect of such omission. LXIV. And be it enacted, That the costs, charges and expenses incurred by or under the Order of any Visitors in any proceedings under this Act, shall be paid by the Clerk of the Peace for the District or County in which such Visitors shall have been appointed, and included by him in the account of receipts and payments hereinbefore directed to be kept by him. LXV. And be it enacted, That in this Act and the Schedules thereto the words and Interpretation clause. expressions following shall have the several meanings hereby assigned to them, unless there shall be something in the subject or context repugnant to such construction, that is to say: "District," shall mean a District in Lower Canada; " County," shall mean a County or union of Counties, City or Town in Upper Canada, having a separate Commissioner of the Peace; "Lunatic," shall mean every insane person, and every person being an Idiot or Lunatic, or of unsound mind; "Patient," shall mean every person received or detained as a Lunatic, or taken care or charge of as a Lunatic; Proprietor," shall mean every person to whom any license has been granted under the provisions of this Act, and every person keeping, owning, or having any interest, or exercising any duties or powers of a proprietor in any licensed house; "Clerk of the Peace," shall mean every Clerk of the Peace and person acting as such, and every Deputy duly appointed; "Justice," shall mean a Justice of the Peace; "Medical Attendant," shall mean every Physician who shall keep any licensed house, or shall in his medical capacity attend any licensed house; "Physician," shall mean every person of the male sex authorized to practise physic, surgery or midwifery in this Province; "Licensed house," shall mean a house licensed under the provisions of this Act. LXVI. And be it enacted, That nothing in this Act contained shall extend to the Provincial Lunatic Asylum at Toronto, or to the temporary Lunatic Asylum at Beauport, near Quebec. Act not to extend to certain Public Lunatic Asylums. LXVII. And be it enacted, That this Act may be amended or repealed by any Act Alteration of Act, to be passed in this present Session of Parliament. SCHEDULE SCHEDULES REFERRED TO IN THE FOREGOING ACT. SCHEDULE (A)—SECTION 13. FORM OF LICENSE. KNOW ALL MEN that we, the undersigned Justices of the Peace, acting in and for the of in General (or Quarter, or Special) Sessions assembled, in hath a plan and description do hereby certify that A. B., of delivered to the Clerk of the Peace for the said of a house and premises proposed to be licensed for the reception of Lunatics, situate in the County of at day of in the County of (or, in the case of a renewed license, hath delivered to the Clerk of the Peace for the said a list of the number of patients now detained in a house and premises licensed on the last, for the reception of Lunatics, situated at ) and we, having considered and approved the same, do authorize and empower the said A. B. (he intending [or not intending] to reside therein) to use and employ the said house and premises for the reception of or, male, and calendar months from this date. male (or, female) Lunatics, for the space of Given under our Hands and Seals this in the year of our Lord, one thousand eight hundred and day of female, Witness, Y. Z., Clerk of the Peace. SCHEDULE (B)-SECTION 22. ORDER FOR THE RECEPTION OF A PATIENT. I, the undersigned, hereby request you to receive A. B., a Lunatic (or, an insane person, or, an Idiot, or, a person of unsound mind) as a patient into your house.Subjoined is a statement respecting the said A. B. Whether found Lunatic by Commission or Interdicted, and date of Commission or Interdiction. Special circumstances (if any) preventing the patient being examined, before admission, separately by two Physicians. Dated this Special circumstances (if any) preventing the insertion of any of the above particulars one thousand eight hundred and Name. day of (Signed,) I, SCHEDULE (C.)-SECTION 22. FORM OF MEDICAL CERTIFICATE. being a Physician duly authorized to practise as such, hereby certify that I have this day, separately from any other Medical Practitioner, visited and personally examined A. B., the person named in the accompanying Statement and Order, and that the said A. B. is a lunatic, (or an insane person, or an idiot, or a person of unsound mind,) and a proper person to be confined, and that I have formed this opinion from the following fact (or facts,) viz: |