Mental Treatment Act


Published: 1957

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Mental Treatment (CAP. 274 1

CHAPTER 274

THE MENTAL TREATMENT ACT

Arrangement of Sections
Section

PART I

PRELIMINARY

1. Short title.
2. Interpretation.
3. Discontinuance of term "asylum" and "lunatic".

PART I1

Enquiry as to whether person is of unsound mind.
Urgency orders.
Admission of accused persons for observation.
False medical certificate.
Persons disqualified for signing medical certificate.
Adjudication of persons of unsound mind.
Custody of person of unsound mind.
Jurisdiction of Magistrate.
Appeal.

PART I11

13. Appointment of mental hospitals.
14. Escape.
15. Discharge and absence on parole.
16. Transfer of patients from hospital to mental hospital for

observation.

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2 CAP. 274) Mental Treatment

Section
PART IV

17. Duty of licensee.
18. Board of Visitors for licensed houses.
19. Records.
20. Escape from licensed house.
2 1. Absence on parole.
22. Death of patient.
23. Discharge of licensee.
24. Removal of patient at request of friends.
25. Removal of patient illtreated or neglected.
26. Release of patient.
27. Appeal by licensee.
28. Appeal where order refused.
29. Execution of order of removal.

PART V

INTERIM ORDERS

30. Interim order in case of appeal.

PART VI

3 1. Appointment of hospitals for criminals of unsound mind.
32. Prisoners of unsound mind.
33. Moral defective who is habitual criminal not to be

removed to mental hospital.
34. Insanity at expiration of sentence.
35. Absence on parole.
36. Discharge of criminal of unsound mind.
37. Retaking criminal of unsound mind.

PART VII

MAINTENANCE OF INSANE PERSONS

38. Application of insane person's property for maintenance.
39. Declaring insane person a trustee.

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Mental Treatment (CAP. 274

Section
PART VIII

40. Ill-treatment of insane person.
41. Rescue and permitting escape.
42. Offences by person in charge of insane person on parole.
43. Ill-treating insane person on parole and obstructing

visitor.
44. Taking charge of insane person without licence.
45. Ill-treating insane person in licensed house.
46. Obstructing member of Board of Visitors.
47. Obstructing execution of order for delivery or removal.

PART IX

PROVISIONS RELATING TO RECEPTION, CARE AND TREATMENT
AND DISCHARGE OF PERSONS OF UNSOUND MIND AND

REMOVAL OF MENTAL PATIENTS IN CERTAIN CASES

48. Arrangements with other governments in respect of
government-aided mental patients.

49. Removal of mental patient to place outside Antigua and
Rarbuda.

PART X

50. Power to receive voluntary patients.
51. Notice of reception and departure of voluntary patients

and provisions as to discharge of patients.
52. Provision for temporary treatment without certification

of certain persons.

PART XI

53. Establishment, composition, duties and powers of
Visiting Committee.

54. Functions of the Visiting Committee.

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4 CAP. 274) Mental Treatment

Section
PART XI1

55. Prerogative of Crown.
56. Insane persons so found bg inquisition.
57. Regulations.
58. Forms.

SCHEDULE.

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Mental Treatment (CAP. 274 5

MENTAL TREATMENT

(1st October, 1957.)

PART I

1. This Act may be cited as the Mental Treatment Short title.
Act.

2. In this Act- Interpretation

"Board of Visitors" means the Board of Visitors for
licensed houses referred to in section 18;

"crime" means any felony or misdemeanour;

"criminal of unsound mind" means a person detained
in custody by reason of his having been charged
with an offence, and either found to have been
insane at the time of such offence, or found or cer-
tified or otherwise lawfully proved to be unfit on
the ground of his insanity to be tried for the same,
and includes a person convicted of an offence and
afterwards certified or otherwise lawfully proved
to be insane;

"government-aided patient" means any mental patient
the expenses of whose care and treatment are wholly
chargeable to the public funds of Antigua and Bar-
buda or to the public funds of any other country
pursuant to an Arrangement;

"institution" means a hospital, observation ward or
other medical institution appointed as such by the
Cabinet for the purposes of this Act and includes
a mental hospital;

"licensed house'' means a house licensed for the recep-
tion of a person of unsound mind under this Act;

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6 CAP.' 274) Mental Treatment

"licensee7' means the person to whom a licence in
respect of a licensed house is granted;

"Medical Superintendent" means the Medical
Superintendent of the mental hospital;

"mental hospital" means a mental hospital appointed
under this Act and includes a mental hospital for
criminals of unsound mind;

"person in charge" in relation to an institution means
the Medical Superintendent or other person in
charge of the institution into which a person is, or
is about to be, received as a patient;

"person of unsound mind", "mental patient" or
" . insane person" includes-

(a) any epileptic or other person who is suffering
from temporary or permanent disease or derangement
of the brain producing disordered action of the mind
to such an extent as to put him in a condition varying
from his normal self and out of relation with his
environment so as to render him dangerous or inconve-
nient to himself or others;

(b) any idiot, that is to say, a person so defective
in mind from birth or from an early age as to be unable
to guard himself against common physical dangers;

(c) any inbecile, that is to say, a person in whose
case there exists from birth or from an early age mental
defectiveness not amounting to idiocy, yet so pronounced
that he is incapable of managing himself or his affairs
or in the case of a child, of being taught to do so;

(6) any feeble minded person, that is to say, a per-
son in whose case there exists mental defectiveness not
amounting to imbecility yet so pronounced that he
requires care, supervision and control for his own pro-
tection or for the protection of others, or in the case
of a child, that he by reason of such defectiveness appears
to be permanently incapable of receiving proper benefit
from instruction in an ordinary school;

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Mental Treatment (CAP. 274 7

(e) any moral defective, that is to say, a person
in whose case there exists mental defectiveness coupled
with vicious or criminal propensities and who requires
care, supervision and control for the protection of others;
" temporary patient" means a person described in

section 52;

"Visiting Committee" means the Visiting Committee
established under the provisions of section 5 3 ;

"voluntary patient" means a person described in
section 50.

3. ( 1 ) The buildings and remises in Antigua and ~ ~ ~ i n u a n c e
Barbuda styled the "Colonial Lunatic Asylum" shall ~ ~ a s y ~ u , ~ 9 and
hereafter be called the mental hospital and accordingly for "'unatic".
references in any Act or in any proclamation, notice, order,
regulation or other document issued under any Act to lunatic
asylum there shall be substituted references to a mental
hospital.

(2) The word "lunatic" shall cease to be used in rela-
tion to any person of or alleged to be of unsound mind and
there shall be substituted for that word wherever it occurs
in any Act or in any order, regulation or other document
issued under any Act the expression "person of unsound
mind", "person", "patient", "patient of unsound mind"
or "unsound mind" or such other expression as the context
may require.

( 3 ) The Cabinet may by order modify the wording of
any enactment so far as is necessary to bring it into confor-
mity with the provisions of this section.

PART I1

4. ( 1 ) Any Magistrate, upon the information upon Enquiry as to
whether person is

oath of any informant to the effect that the informant has unsound
good cause to suspect and believe and does suspect and believe mind.
some person to be of unsound mind and a proper subject
for confinement, may, in any place which he deems conve-
nient examine such person, and, in the same place or

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8 CAP. 274) Mental Treatment

elsewhere, may hold an enquiry as to the state of mind of
such a person:

Provided that in the case of a person suspected of being
a feeble minded or child, the informant shall be the
parent, guardian or other person having the care of such
person or child.

(2) For the purposes of such enquiry the Magistrate shall
have the same powers as if the peson alleged to be of unsound
mind were a person against whom a complaint for an offence
punishable on summary conviction had been laid:

Provided that no person alleged to be of unsound mind
shall be required to attend at any Magistrate's Court for
examination by a Magistrate nor shall he be taken to any
such court for such purpose.

(3) A Magistrate may, if he thinks fit, proceed with an
enquiry under this section in the absence of the person alleged
to be of unsound mind and without proof of the service of
any summons upon such person.

(4) If, at any stage of an enquiry under this section,
it shall be shown to the satisfaction of the Magistrate con-
ducting such enquiry that the person alleged to be of unsound
mind is a person whom it is expedient to put immediately
under confinement pending the conclusion of the enquiry,
it shall be lawful for such Magistrate either proprio m t u or
at the request of the informant-

(a) to make a written order for the detention of
such person during a period which shall not exceed four-
teen days in an institution;

( b ) from time to time, on good cause shown to
make further orders for such detention, in the like form,
for periods none of which shall exceed eight days:

Provided that no such person shall be detained under
observation for more than two months at a time;

(6) at any time, by order under his hand, to direct
that the person detained be released.

(5) It shall be lawful for any person to whom the
execution of an order made under the last preceding subsec-
tion is entrusted, to convey the person alleged to be of

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Mental Treatment (CAP. 274 9

unsound mind therein mentioned to the specified place of
detention and there to detain him during the period specified
unless previous to the expiry of such period the release of
the person alleged to be of unsound mind be ordered in due
course of law.

(6) The Magistrate shall also appoint two registered Medical
certificate.

medical practitioners to examine the suspected person and
shall furnish such medical practitioners with all the infor-
mation bearing on the mental state of the suspected person
which he has been able to procure and such medical practi-
tioners shall, if they consider the facts warrant them in so
doing, sign separate certificates certifying that in their opi-
nion the suspected person is of unsound mind. Each such
certificate shall specify in full detail the facts upon which
the person signing it founds his opinion, and shall distinguish
facts which he has himself observed from facts communicated
by others. The person signing each certificate shall enquire
of any persons able to give information as to the previous
history of the suspected person, and shall state in his cer-
tificate all matters known to him which he deems likely to
be of service with reference to medical treatment. No cer-
tificate shall have any effect under this Act which purports
to be founded wholly on facts communicated by others.

(7) Subject to the provisions of subsection (8), each such
registered medical practitioner shall be entitled to be paid
by the informant a fee of five dollars in respect of such
examination and certificate, if any, and such fee shall be
deposited with the Magistrate's clerk by the informant upon
the lodging of the information and before proceeding
thereunder.

(8) If the suspected person be a person with no visible
means of support, or if the informant be a police officer,
every registered medical practitioner assisting under this sec-
tion shall be paid from public funds a fee of five dollars in
respect of each case i in which he shall have assisted as
aforesaid.

(9) The informant referred to in subsection (1) shall,
if required by any registered medical practitioner appointed
to examine the suspected person by written notice served
personally on him, attend at such reasonable time and place

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10 CAP. 274) Mental Treatment

as may be specified in such notice and give such informa-
tion touching the mental condition of the suspected person
as shall be in his power to give. Any such person who neglects
or refuses to attend as and when required or refuses to answer
any question concerning the mental condition of the suspected
person which may be put to h im~by the registered medical
practitioner enquiring into such mental condition shall on
summary conviction be liable to a fine not exceeding three
thousand dollars or to imprisonment for a term not exceeding
six months.

Urgency orders. 5. (1) Notwithstanding the provisions of section 4,
whenever a Magistrate considers it expedient, either for the
public safety or for the welfare of any person with respect
to whom an information on oath under the said section has
been laid, that such person should be forthwith placed under
observation, he may without the production of a medical
certificate by written order direct that such person be received
into an institution to be named in the order and be there
detained under observation during such period, not exceeding
fourteen days, as to the Magistrate may seem expedient:

Provided that on good cause shown such order may be
enlarged for further periods none of which shall exceed eight
days:

Provided further that no such person shall be detained
under observation for more than two months at a time.

(2 ) The Magistrate shall furnish the Medical
Superintendent with all the information bearing on the mental
state of the person so detained which he has been able to
procure.

( 3 ) The person who has laid the information on oath
referred to in subsection (1) shall, if required by the person
in charge by written notice served personally on him, attend
at the time and place specified in such notice and give such
information touching the mental condition of the person so
detained as shall be in his power to give. Any such person
who neglects or refuses to attend as and when so required
or refuses to answer any question concerning the mental con-
dition of the person detained which may be put to him by
the person in charge shall on summary conviction be liable

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Mental Treatment (CAP. 274 1 1

to a fine not exceeding five thousand dollars or to imprison-
ment for a term not exceeding six months.

(4) If the person in charge certifies that any such per-
son so detained under observation is of sound mind, such
person so detained shall be discharged therefrom with all
convenient speed and the said officer shall notify the
Magistrate accordingly within seven days of such discharge.

(5) If the person in charge certifies that in his opinion
the person so detained is of unsound mind the Magistrate
shall proceed to hold an enquiry into the state of mind of
such person in accordance with the provisions of section 4:

Provided that no such person shall be adjudged to be
of unsound mind unless the Magistrate has seen and, where
circumstances permit, examined such person:

Provided further that the certificate of the person in
charge shall be received in evidence concerning the state of
mind of the person so detained and it shall not be necessary
to prove the handwriting of the person in charge, but the
Magistrate may examine any members of the staff of the
institution who shall have had the person detained under
observation.

6. (1) Whenever a Judge or a Magistrate has reason Admission of
accused persons

to believe that a person committed for trial before him or for observation.
charged before him with an offence is of unsound mind, he
may, for the purpose of obtaining evidence as to whether
such person is or is not of unsound mind, by written order
direct that such person be received into an institution, to
be named in the order, and be there detained under obser-
vation during such period, not exceeding fourteen days, as
to the Judge or Magistrate may seem expedient:

Provided that on good cause shown such order may be
enlarged for a further period or periods each not exceeding
eight days at a time:

Provided further that no order under this subsection
shall be made in respect of persons who are not being kept
in custody pending trial.

(2) When an order has been made under this section
a certificate under the hand of the person in charge shall
be received in evidence concerning the state of mind of the

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CAP. 274) Mental Treatment

False medical
certificate.

Persons
disqualified for
signing medical
certificate.

Adjudication of
persons of
unsound mind.

person kept under observation and it shall not be necessary
to prove the handwriting of the person in charge, but the
Judge or Magistrate may examine any members of the staff
of the institution who shall have had the patient under
observation.

(3) Every person ordered under this section to be
received into an institution for observation shall be received
into the institution named in the order and be there detained
under observation for the period stated in the order or for
such shorter period as the Judge or Magistrate who made
the order may direct, and it shall be lawful for any person
to whom the execution of the order is entrusted to convey
the person named therein to such institution.

7. Any registered medical practitioner who knowingly
and wilfully in any certificate under this Act falsely states
or falsely certifies anything, shall be guilty of a misde-
meanour, and, on conviction thereof on indictment, shall
be liable to a fine not exceeding ten thousand dollars, and
may also, if the court so think fit, be imprisoned for a term
not exceeding one year.

8. A medical certificate required by this Act shall not
be signed by any of the following persons-

(a ) the person giving information for the reception
of a patient, or by the husband or wife, father or father-
in-law, mother or mother-in-law, son or son-in-law,
daughter or daughter-in-law, brother or brother-in-law,
sister or sister-in-law, partner or assistant of such person;

(b) the husband or wife, father or father-in-law,
son or son-in-law, daughter or daughter-in-law, brother
or brother-in-law, sister or sister-in-law, the partner or
assistant of a patient;

( 6 ) any registered medical practitioner on the staff
of the mental hospital.

9. ( 1 ) Where, upon such enquiry as is provided for
by this Act, it appears to the Magistrate that any person
is of unsound mind and a proper subject for confinement,
and such medical certificate as by this Act is rquired of his
unsoundness of mind has been given, the Magistrate may

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274

adjudge such person to be of unsound mind and a proper
subject for confinement, and may either proceed to make
an order according to this Act for the care and custody of
such person, or if he is of opinion that the question of the
care and custody of such person may be more conveniently
decided by the Magistrate of some other district, may direct
that the further proceedings be had before the Magistrate
of such other district.

(2) In all cases when a person has been adjudged to
be of unsound mind and a proper subject for confinement,
he shall be handed over to the authorities of the mental
hospital together with the medical certificates relating to his
mental condition and the said authorities shall be responsi-
ble for his safe conduct to the hospital and his reception,
detention and treatment at the hospital.

10. Where, under this Act, any person has been duly Custody per on of of
adjudged to be of unsound mind and a proper subject for
confinement, any Magistrate may-

(a ) if the consent in writing of the Medical
Superintendent is produced, make an order as provided
in section 8; or

(b) grant to any person residing in Antigua and
Barbuda a licence authorizing such person to receive
the person of unsound mind into some house specified
in the licence, and situate within Antigua and Barbuda
and there to take charge of him; or

( 6 ) if it appears that the person of unsound mind
is a patient with no visible means of support by war-
rant under his hand commit him to a mental hospital
there to be taken charge of as a government-aided
patient.

11. Any Magistrate may make an order adjudging g$,tt;,c of
any person to be of unsound mind notwithstanding that none
of the facts evidencing the unsoundness of mind happened
in his district.

12. In case of any order under this Act adjudging Appeal.
any alleged insane person to be of unsound mind and a pro-
per subject for confinement, and in case of a refusal so to

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14 CAP. 274) Mental Treatment

adjudge, an appeal shall lie to the Court of Appeal subject
to the same conditions and with the same consequences as
if the alleged insane person had been convicted of an offence
punishable on summary conviction in a case in which an
appeal would lie:

Provided that an appeal under this section shall not have
the effect of suspending the execution of an order adjudging
an alleged insane person to be of unsound mind and a pro-
per subject for confinement, except so far as the Magistrate
or a Judge may order in accordance with section 30.

PART I11

MENTAL HOSPITAL
Appointment of
mental hospitals. 13. (1) The Governor-General may, by proclama-

tion, appoint the whole or any part of any building, house,
or otherplace, with any out-houses, yards, gardens, grounds,
or premises thereto belonging, to be a mental hospital.

Escape.

Discharge and
absence on
parole.

(2) The Cabinet may make regulations under section 57
as to the management of mental hospitals, the admission
of patients and the payments to be made in respect of them,
the absence upon parole or otherwise and discharge of pa-
tients, and as to such other matters relating to the conduct
and management of mental hospitals as are necessary for
the purposes of this Act.

14. Any member of the staff of a mental hospital,
any police officer or other peace officer and any member
of the public may retake any patient who is escaping from
a mental Hospital, and may, within fourteen days after any
escape: retake any patient who has escaped from such
hospital, and may return to the hospital any patient so
retaken, where he shall revert to his former custody.

15. (1) The Medical Superintendent may-
( a ) order the discharge of any mental patient from

the mental hospital; or

( b ) permit any mental patient to be removed to
and detained at any place on such terms and conditions
as may seem fit, and the provisions of this Act in so
far as they are applicable shall continue to apply to such

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Mental Treatment (CAP. 274 15

patient and the place of confinement as if he were under
detention at the mental hospital; or

(c) allow any mental patient to be absent on parole
f for such period as may seem fit, and may at any time

t grant an extension of such period.

(2) No patient shall be allowed to be absent on parole
under this section unless some person shall enter into an
agreement approved by the Medical Suprintendent to take
charge of such patient.

(3) In the case of any patient with no visible means of
support absent on parole, the Minister may order payment
out of the Treasury of any sum not exceeding the sum of
twenty dollars per month.

(4) If any patient allowed to be absent on parole under
this section does not return at or before the expiration of
the allowed period of absence, then, unless a certificate signed
by two registered medical practitioneers certifying that such
patient may safely be permitted to be at large is sent to the
Medical Superintendent, such patient may be retaken as if
he had escaped from the mental hospital.

(5) The provisions of this section shall not apply to any
person detained in the mental hospital under the provisions
of sections 5, 6 and 32.

16. (1) Where the medical officer in charge of a Trqnsfer of
atlents from hospital in Antigua and Barbuda or any medical officer duly gOspital to

authorized by the said medical officer in charge to act on mental hospital
for observation.

his behalf has reason to suspect that any patient in such
hospital is of unsound mind he may by order in writing direct
the transfer of such patient to and his detention in a mental
hospital for the purpose of observation during such period
not exceeding fourteen days as to him may seem expedient:

Provided that on good cause shown such order may be
enlarged for further periods none of which shall exceed eight
days:

Provided that no such patient shall be detained under
observation for more than two months at a time.

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CAP. 274) Mental Treatment

(2) The medical officer in charge of such hospital or
other medical officer duly acting on behalf of the said medical
officer in charge, as the case may be, shall immediately on
ordering the transfer and detention of a patient under the
provisions of subsection (1) notify a Magistrate of such
transfer and detention and furnish him with the grounds on
which he has made the order, and such Magistrate shall either
confirm or annul such order and within three days of such
notification communicate his decision to such medical officer
in charge of the aforesaid hospital, or other medical officer,
as the case may be, as well as to the Medical Superintendent:

Provided that if the Magistrate shall annul the order
the patient shall forthwith be discharged from the mental
hospital.

(3) If the Medical Superintendent considers that a
patient detained under the authority of subsection (1) is not
of unsound mind he may discharge the patient.

(4) Where the Medical Superintendent certifies in
writing that in his opinion any patient detained under the
authority of subsection (1) is of unsound mind, an enquiry
into the state of mind of such patient shall be held in accor-
dance with the provisions of section 4.

(5) For the purposes of such enquiry the certificate of
the Medical Superintendent or of a medical officer duly
authorized by him to act on his behalf shall be received in
evidence concerning the state of mind of the patient and it
shall not be necessary to prove the handwriting of the Medical
Superintendent or such medical officer, but the Magistrate
may examine any member of the staff of the mental hospital
who shall have had the patient under observation.

(6) Every person ordered under this section to be
received into a mental hospital for observation shall be
received and detained therein under observation for the
period stated in the order or for such shorter period as the
Medical Superintendent or other medical officer duly
authorized by him to act on his behalf or the Magistrate,
as the case may be, who made the order shall direct, and
it shall be lawful for any person to whom the execution of
the order is entrusted to convey the person named therein
to the mental hospital.

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Mental Treatment (CAP. 274 17

PART IV

17. Where a licence in respect of any patient is Duty of licensee.
granted under this Act, the licensee shall be bound to take
proper care of such patient until he dies or the licensee is
discharged under this Act.

18. Regulations made under section 57 shall provide Board of Visitors
for licensed

for the.constitution by the Minister of a Board of Visitors houses.
for licensed houses consisting of such number of persons
appointed at such times, in such manner, for such periods
and with such functions as may be prescribed.

19. The licensee of every licensed house shall keep Records.
such books, make such entries, furnish such returns and give
such notices as may from time to time be required by regula-
tions made under this Act.

20. Any member of the staff of a licensed house, or Escape from
any police officer or other peace officer or any member of licensed house.

the public may retake any patient who is escaping from such
licensed house, and may within fourteen days after any
escape, retake any patient who has escaped from such licensed
house and may return to such licensed house any patient
so retaken, where he shall revert to his former custody.

21. (1) Subject to the provisions of this Act, the Absence on
parole.

Minister may allow any patient confined in a licensed house
to be absent from such licensed house on parole for such
period as he thinks fit, and may at any time grant an exten-
sion of such period.

(2) No patient shall be allowed to be absent on parole
under this section unless some person enter into an agreee-
ment approved by the Minister to take charge of such patient.

(3) If any patient allowed to be absent on parole from
a licensed house under this section does not return at or before
the expiration of the allowed period of absence, then, unless
a certificate signed by two registered medical practitioners
certifying that such patient may safely be permitted to be
at large is sent to the Magistrate and also, where practicable,
to the licensee of such licensed house, such patient may at

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18 CAP. 274) Mental Treatment

any time within fourteen days from the expiration of such
allowed period, be retaken as if he had escaped from such
licensed house, or, in case the licensee from whose custody
the patient was allowed to be absent is unable or unwilling
to resume the care and custody of such patient, may be dealt
with as a person duly adjudged under this Act to be of
unsound mind and a proper subject for confinement.

Death of patient. 22. Notice of the death of any patient confined in a
licensed house shall be given forthwith by the licensee to the
Coroner and shall also be given by the licensee as soon as
may be to the nearest known relative of the patient.

Discharge of 23. (1) When any patient is confined in a licensed
licensee.

house, the licensee, if desirous of being discharged of the
care of such patient, shall serve notice of such his desire upon
the Magistrate.

(2) At the expiration of fourteen days from the service
of such notice, the licensee shall be discharged, and such
patient may be dealt with as a person duly adjudged under
this Act to be of unsound mind and a proper subject for
confinement.

Removal of
patient at request 24. Where it appears to a Magistrate that the per-
of friends. sons at whose expense a patient is maintained in a licensed

house are desirous that the patient should be removed from
such licensed house, and that provision has been made for
his care and custody in a mental hospital or in a suitable
licensed house, the Magistrate may make an order for the
removal of the patient and discharge of the licensee
accordingly.

Removal of
patient ill-treated 25. Where, upon the information upon oath of any
or neglected. person, it appears to a Magistrate that a patient confined

in a licensed house is ill-treated or neglected, the Magistrate
may order the patient to be removed to a mental hospital
or to a suitable licensed house, and thereupon the licensee
of the first mentioned licensed house shall be discharged.

Release of
patient. 26. (1) Where, upon the information upon oath of

any person, it appears to a Magistrate that a patient confined
in a licensed house is no longer a proper subject for confine-

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 19

ment, such Magistrate may discharge the licensee and order
him to release the patient, or may himself release the patient.

(2) Any licensee disobeying an order made under this
section shall be liable, on summary conviction, to a fine not
exceeding five hundred dollars. Such conviction shall not
be a bar to any action in respect of the same wrong.

27. Where, under this Act, the Magistrate orders the Appeal by
licensee.

removal of a patient from a licensed house on the ground
of ill-treatment or neglect, or orders a patient confined in
a licensed house to be released, the licensee may appeal
against such order, subject to the same conditions and with
the same consequences as if he had been a party against whom
a conviction was made within the meaning of subsection (2)
of section 165 of the Magistrate's Code of Procedure Act. Cap 255.

28. Where, upon information being laid under this Appeal where
order refused.

Act that a patient confined in a licensed house is ill-treated
or neglected, or that a person confined in a licensed house
as a patient ought to be released, a Magistrate refuses to
make any order, an appeal shall lie to the Court of Appeal
subject to the same conditions and with the same conse-
quences as if the licensee had been charged with an offence
punishable on summary conviction and the Magistrate had
refused to convict.

29. Where an order for the removal of a patient from Execution of
order of removal.

a licensed house has been made, the court, Judge, or
Magistrate making the order may issue a warrant for the
execution of the order directed to any person or persons whom
such court, Judge, or Magistrate thinks fit. Any person shall,
if required by any one to whom the warrant is directed, aid
and assist in the execution of the warrant.

PART V

30. Where notice of appeal under this Act has been
given-

( a ) the Magistrate may, if he thinks fit, suspend
the execution of any order made by him until the deci-

LAWS OF ANTIGUA AND BARBUDA

2 0 CAP. 274) Mental Treatment

sion of the appeal, or for any shorter period, and upon
such terms and conditions, if any, as he thinks fit; and

(6) any judge, upon the application of the appellant,
and, if he thinks fit, without any notice of the applica-
tion being served upon the respondent, may, at any time,
and notwithstanding any previous order of a Judge or
Magistrate make such order, subject to such terms and
conditions, if any, as he thinks fit, as to the care or
custody or allowing to be at large, until the decision
of the appeal or for any shorter period, of the person
alleged or adjudged to be or confined as a person of
unsound mind:

Provided that upon an appeal being or being deem-
ed to be abandoned, any order made under this section
shall determine, and the order appealed against shall
take effect.

PART VI

Appointment of
hospitals for

3 1. (1) The Governor-General may, by proclama-
criminals of tion, appoint the whole or any part of any building, prison, , A -
unsound mind. house,-& other place, with any out-houses, yards, ,gardens;

grounds, or premises thereto belonging, to be a hospital for
criminals of unsound mind.

(2) The Cabinet may make regulations under section 57
for the conduct and management of any hospital for criminals
of unsound mind.

Prisoners of
unsound mind.

32. (1) Where the Governor-General is satisfied that
any person not being a moral defective, imprisoned for any
cause in any prison is of unsound mind, or where it is
represented to the Governor-General that any person so
imprisoned appears to be of unsound mind the Governor-
General, acting in his discretion, may, by warrant under
his hand, direct that such person be removed to such hospital
for criminals of unsound mind or other mental hospital as
the Governor-General thinks proper, and that he be detained
in such hospital until discharged as in this section is
mentioned.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 2 1

(2) Where any person is detained in any hospital under
the provisions of this section, it shall be the duty of the per-
son in charge, if and when he is satisfied that the person
so detained is of sound mind, to certify accordingly to the
Governor-General and to state in his certificate whether in
his opinion the person so detained has been of unsound mind
at any time subsequent to the passing of the sentence, and
upon receipt of such certificate, the Governor-General, by
warrant under his hand-

(a) if the term of imprisonment of the person so
detained has expired, shall direct that such person be
discharged;

( b ) if the person so detained still remains liable to
imprisonment or other sentence, may direct that he be
removed to the appropriate prison or place to undergo
such sentence, or, if not under sentence, to be dealt with
according to law, as if no warrant for his removal to
a hospital had been issued:

Provided that if such person is under sentence of death
which has not been commuted, such sentence shall not be
carried out if the person in charge has certified that the per-
son so detained has been of unsound mind at any time subse-
quent to the passing of the sentence and in such case the
Governor-General shall commute such sentence.

(3) The time during which any person under sentence
of imprisonment is detained in any hospital for criminals
of unsound mind or mental hospital shall be reckoned as
served under such sentence.

33. Notwithstanding anything contained in this Act, Moral defective
who is habitual

no moral defective who is serving a sentence of imprison- criminal not to
ment as a habitual criminal shall be removed to a mental ~ e ~ ~ ~ ~ s " , ~ ~ l .
hospital.

34. When the term of imprisonment to which a per- Insanity at
expiration of

son confined in a hospital for criminals of unsound mind
or other mental hospital is liable expires while such person
is in custody in such hospital, then unless the medical officer
in charge of the said hospital by writing under his hand,
certifies that such person may safely be allowed to be at large,
such person shall, at the expiration of his term of imprison-

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 274) Mental Treatment

ment, be deemed to be a government-aided patient, and any
Magistrate may order that such person be detained in a men-
tal hospital as a government-aided patient.

Absence on
parole.

35. (1) The Governor-General acting in his discre-
tion, on the recommendation of the Medical Suprintendent,
may allow any patient confined in a hospital for criminals
of unsound mind or mental hospital to be absent from such
hospital upon parole for any period which he thinks fit, and
may at any time grant an extension of such period.

(2) No patient shall be allowed to be absent on parole
under this section unless some person enter into an agree-
ment approved by the Governor-General to take charge of
him.

Discharge of
criminal of

36. (1) The Governor-General acting in his discre-
unsound mind. tion, may order the discharge, absolutely or conditionally,

of any person confined in a hospital for criminals of unsound
mind whether recovered or not:

Provided that where on such discharge, the Medical
Superintendent certifies that such person cannot safely be
allowed to be at large, then immediately upon the discharge,
such person shall be deemed to be a government-aided patient
and any Magistrate may order that such person be detained
in a mental hospital as a government-aided patient.

(2) Where, upon the information upon oath of the senior
police officer of any district, it appears to a Magistrate that
a condition, subject to which a discharge under this section
was granted, has been broken, such Magistrate may order
the person discharged to be conveyed to the hospital from
which he was discharged, and there to be detained as if he
had not been discharged therefrom, and may issue his war-
rant accordingly.

Retaking
criminal of

3 7. Any criminal of unsound mind escaping or hav-
unsound mind. ing escaped from a hospital for criminals of unsound mind

or other mental hospital may at any time be retaken by any
member of the staff of such hospital, or any police officer
or other peace officer, and any member of the public and
conveyed to such hospital, and detained therein as if he had
not escaped.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 2 3

PART VII

38. (1) In all cases (notwithstanding any previous Application of
insane person's order made under this section) the High Court, and in cases property for

where the property of an insane person is of less value in maintenance.
the whole than the sum of four hundred and eighty dollars,
or the annual value of such property is less than forty-eight
dollars, a Magistrate may, upon the application of any per-
son, make an order as to the application of any property
of a person confined under this Act, or the income thereof,
in or towards the expenses of the maintenance and support
of such person, or in or towards recouping the expenses of
his past maintenance and support, or, in case any other per-
son undertakes to pay the expenses of such maintenance and
support, or such portion of these expenses as the Court or
Magistrate deems reasonable may suspend the making of
such order for such time and upon such terms as the Court
or Magistrate thinks fit. The expenses of such maintenance
and support, or past maintenance and support, shall be in
equity a charge upon the real estate of the insane person
in the same manner as if he had power to charge, and by
writing under his hand had agreed to charge, his real estate
therewith.

(2) The application to the High Court shall be by
motion or petition in a summary way, or in such other man-
ner as such Court, by a general order made under this Act,
directs.

(3) Any application under this section shall be served
upon such persons and in such manner as the Court or
Magistrate directs.

(4) Whether any order under this section is made,
suspended, or refused, the Court or Magistrate shall make
such order as is just as to the costs of the applicant, and
such costs shall be recoverable by distress and sale of the
insane person's personal estate, and shall be a charge in
equity upon his real estate in the same manner as if he had
power to charge, and by writing under his hand had agreed
to charge, his real estate therewith.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 274) Mental Treatment

Declaring insane
person a trustee. 39. Where, under this Act, the High Court or a

Magistrate orders the property of any insane person or the
income thereof to be applied in or towards his maintenance

Cap. 143.

A

or support, such Court or Magistrate may declare that such
person holds such property or income upon trust to obey
the orders of the Court or Magistrate, and thereupon the
Court or Magistrate shall have the powers conferred upon
the High Court by sub-section (2) of section 7 of the Eastern
Caribbean Supreme Court Act so far as regards the care
of the real and personal estates of lunatics and persons of
unsound mind held by such lunatics, or persons of unsound
mind, upon trust or by way of mortgage.

PART VIII

111-treatment of 40. Any superintendent, officer, nurse, attendant, ser-
insane person.

vant or other person employed in any hospital for criminals
of unsound mind or other mental hospital who strikes, ill-
treats or wilfully neglects any patient confined in such hospital
shall be liable, on summary conviction to a fine of one thou-
sand dollars, or to imprisonment for six months.

Rescue and
permitting

41. (1) Any person who rescues any patient while
escape. being conveyed to or while confined in any hospital for

criminals of unsound mind or other mental hospital under
this Act, and any officer or servant of any such hospital who
secretes, or through wilful neglect or connivance permits to
escape, any patient confined in any such hospital under this
Act, shall be guilty of a misdemeanour and, on conviction
thereof on indictment, shall be liable to be imprisoned for
a term not exceeding five years.

(2) Any officer or servant of any hospital for criminals
of unsound mind or other mental hospital who carelessly per-
mits any person confined therein under this Act to escape
shall be liable, on summary conviction, to a fine of one thou-
sand dollars.

Offences by
person in charge

42. Any person who accepts the charge of an insane
of insane person allowed to be absent on parole and who-
on parole.

( a ) neglects to provide such insane person with
suitable lodging, clothing, food, medical attendance

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 2 5

when required, or other necessaries, or fails to take
proper care of such insane person; or

( b ) refuses to allow such insane person to be visited
by any medical officer of the hospital from which he
was liberated on parole or by any duly authorized
medical practitioner or any Magistrate,

shall be liable, on summary conviction, to a fine of one thou-
sand dollars, or to imprisonment for a term not exceeding
six months, and shall forfeit any sum to him in respect of
such insane person.

43. Any person who strikes or ill-treats an insane per- son on
son absent on parole, or who obstructs any medical officer ,aro~e and
of the hospitai from which any such insane person was k . t r t i n g
liberated, or any duly authorized medical practitioner, or
any Magistrate, while visiting or attempting to visit any such
insane person, shall be liable on summary conviction to a
fine of one thousand dollars, or to imprisonment for six
months.

44. (1) Except in the case of an insane person absent Taking charge of
Insane person

on parole, no private person shall undertake the care or ~iCence.
custody of any insane person unless he first obtains, in respect
of that insane person a licence under this Act.

(2) Any person acting in contravention of this section
shall be guilty of a misdemeanour and, on conviction thereof
on indictment, shall be liable to a fine not exceeding five
thousand dollars, or to imprisonment for a term not exceeding
two years.

45. Where an insane person is confined in any fll-treating
Insane person in

licensed house, the licensee, or any nurse, servant or other licensed house.
person employed in such house or by the licensee who strikes,
ill-treats, or wilfully neglects such insane person shall be liable
on summary conviction, to a fine of one thousand dollars
or to imprisonment for six months.

46. Whosoever resists or obstructs any member of Obstructing member of Board
the Board of Visitors while visiting or attempting to visit Visitors. - -
a licensed house, shall be liable on summary conviction to

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 274) Mental Treatment

a fine of five hundred dollars, or to imprisonment for three
months.

Obstructing
execution of 47. Whosoever obstructs any person acting in execu-
order for tion of an order for the delivery of an insane person to a

Or mental hospital or licensed house, or for the removal of an
removal.

insane person from a licensed house, shall be liable on sum-
mary conviction to a fine of three thousand dollars, or to
imprisonment for six months.

PART IX

Arrangements
with other 48. (1) The Governor-General may on behalf of
governments in Antigua and Barbuda enter into an arrangement with the
respect of government-aided government of another country upon such terms and sub-
mental patients. ject to such conditions as they may consider appropriate for

the reception, treatment and care and discharge from, a men-
tal hospital as a government-aided patient of any person of
unsound mind for whose removal from such other country
a removal order has been made.

(2) Where the Medical Superintendent orders a
government-aided patient to be discharged he shall send a
notice in writing of his intention to discharge the patient
to the Governor-General who, in the case of a government-
aided patient from another country, shall forward such notice
of discharge to the government of the other country which
made the order for the removal of the patient to the mental
hospital.

(3) In this section, "government of another country"
means the Government of Anguilla or of the British Virgin
Islands, Dominica, Montserrat or Saint Christopher and
Nevis; and "removal order" means an order of the Govern-
ment of any such country directing the removal of a person
of unsound mind to a mental hospital.

Removal of 49. (1) Where application is made to the Medical
mental patient to
place outside Superintendent by a relative or friend of a mental patient
Antipa and who is not a native of Antigua and Barbuda, requiring that
Barbuda. the patient may be removed to a place outside Antigua and

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 2 7

Barbuda, the Medical Superintendent shall inquire into the
circun~stances of the case and report thereon to the Cabinet.

(2) Subject to the provisions of subsection ( 3 ) the
Cabinet if satisfied by such report that the removal of the
patient as required by the application is likely to be for his
benefit and that proper arrangements will be made for his
removal and for his reception, care and treatment at his
destination, may, by warrant, direct the patient to be
delivered to the person named in the warrant, and every
such warrant shall be obeyed by the person or authority hav-
ing charge of the patient.

( 3 ) No alien mental patient shall be removed to any
country other than the country of which he is a subject and
no Commonwealth mental patient shall be removed to any
country outside the Commonwealth unless the person mak-
ing the application shall give security to the satisfaction of
the Cabinet that within such time as may be prescribed by
the Cabinet-

<

4 (a) in the case of an alien, he will return to the a Island or be conveyed to the country of which he is a
subject;

&

@ ( b ) in the case of a Commonwealth citizen, he will

I return to Antigua and Barbuda or be conveyed to such country within the Commonwealth as the Cabinet may
i%
& direct.
%
% (4) A warrant issued under this section shall be suffi-

cient authority for the master of any vessel or aircraft to
receive and detain a mental patient in such vessel or aircraft

* .- and to convey him to his destination.
3
-' *

PART X

50. (1) Any person who is desirous of voluntarily sub- Power to receive
voluntary

mitting himself to treatment for mental illness, and who patients.
makes a written application for the purpose to the Medical
Superintendent, may without being adjudicated a person of
unsound mind under this Act or an order issued thereunder
be received as a voluntary patient in a mental hospital within
the meaning of this Act.

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 274) Mental Treatment

(2) Any person received as a voluntary patient under
this section may leave the institution upon giving to the
Medical Superintendent seventy-two hours notice in writing
of his intention so to do.

Notice of
reception and 51. (1) If a person received as a voluntary patient
departure of under section 50 dies in or d e ~ a r t s from the mental hos~ital.
voluntary

A ,

patients and notice of the fact shall, before the expiration of the second
provisions as to day after the day of the death or departure, be sent to the
discharge of
patients. Chief Medical Officer by the Medical Superintendent.

(2) If any person received as aforesaid becomes at any
time incapable of expressing himself as willing or unwilling
to continue to receive treatment he shall not thereafter be
retained as a voluntary patient for a longer period than
twenty-eight days, and shall, if he has not been previously
discharged, be discharged on the expiration of twenty-eight
days from the date on which he became incapable of so
expressing himself unless in the meantime he has again
become capable of so expressing himself, or steps have been
taken to deal with him either as a person of unsound mind
or under section 52 as a person who is likely to benefit by
temporary treatment.

(3) If the Medical Superintendent is of opinion that the
mental state of any such voluntary patient is such as to render
him unfit to remain as a voluntary patient, he may order
the discharge of the patient, or that steps be taken to deal
with him either under section 4 as a person who is suspected
to be of unsound mind or under section 52 as a person who
is likely to benefit by temporary treatment.

Provision for
temporary 52. (1) Subject to the provisions of this section, a per-
treatment son who is suffering from mental illness and is likely to benefit
without
certification of

by temporary treatment but is for the time being incapable
certain persons. of expressing himself as willing or unwilling to receive such

treatment may, on a written application duly made in
accordance with the provisions of this section but without
being adjudicated a person of unsound mind under this Act
or an order issued thereunder, be received as a temporary
patient in a mental hospital for the purpose of treatment
therein.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274

(2) An application under this section must be in the
Form numbered 21 in the Schedule, must be made to the
Medical Superintendent and must, if possible, be made by
the husband or wife, or by a relative of the person to whom
it relates, or on the request of the husband or wife or, if
a relative or guardian, by a registered medical practitioner
whose patient or within whose area the said person then is,
and, if the application is not so made, it shall contain a state-
ment of the reason why it is not so made, of the connection
of the applicant with the person to whom it relates and of
the circumstances in which he makes the application.

(3) The application shall be accompanied by a recom-
mendation in the Form numbered 22 in the Schedule, signed
by two registered medical practitioners of whom one shall
be the District Medical Officer within whose area the said
person then is.

(4) Each of the registered medical practitioners by whom
a recommendation under this section is to be made shall,
before signing the recommendation, examine the person to
whom the recommendation relates either separately or in
conjunction with the other and shall specify in the recom-
mendation the date on which he so examined the said per-
son and the grounds on which he bases his recommendation.

(5) A recommendation shall be of no effect for the pur-
poses of this section if there is a greater interval than five
clear days between the dates on which the person to whom
the recommendation relates was examined by the two
registered medical practitioners respectively and any such
recommendation shall cease to have effect on the expiration
of fourteen days from the date on which the person to whom
the recommendation relates was examined by the two
registered medical practitioners, or if he was examined by
those practitioners on two different dates, on the expiration
of fourteen days from the later of those dates.

(6) Where a person is received as a temporary patient
under this section, notice of his reception, together with a
copy of the application on which he was received and of the
recommendation accompanying the application shall, before
the expiration of the second day after the day on which he
was received be sent to the Chief Medical Officer by the

LAWS OF ANTIGUA AND B m U D A

3 0 CAP. 274) Mental Treatment

Medical Superintendent. The Governor-General, acting in
his discretion, shall upon the signed request of any person
who considers himself to be unjustly detained under such
application or recommendation furnish to him or to his
authorized representative free of cost a copy of such applica-
tion or recommendation.

(7) If a person so received dies in or departs from the
institution where he was residing, notice of the fact shall
before the expiration of the second day after the day of the
death or departure be sent to the Chief Medical Officer by
the Medical Superintendent.

(8) Within one month of the reception of any person
received as a temporary patient under this section he shall
be visited by at least two members of the Visiting Committee.

(9) If after considering any recommendation of such
members of the Visiting Committee concerning any tem-
porary patient the Medical Superintendent is of opinion that
it is proper that the patient should continue to be detained
he shall sign a statement to that effect and shall forward the
same to the Chief Medical Officer, but if he is of opinion
that it is not proper that the patient should continue to be
detained he shall, before the expiration of the seventh day
after the day of the said visit of the members of the Visiting
Committee, submit a report to the Chief Medical Officer
stating his said opinion, and the grounds on which it is based
together with such other observations as he thinks f i t .

(10) Subject to the provisions of this section a person
received as a temporary patient may be detained for a period
not exceeding six months but shall not be detained as such
for any longer period.

(1 1) If a person who has been received as a temporary
patient becomes capable of expressing himself as willing or
unwilling to continue to receive treatment, he shall not
thereafter be detained for more than twenty-eight days unless
in the meantime he has again become incapable of so
expressing himself.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 3 1

(12 ) Where it is anticipated that a person who is
undergoing treatment as a temporary patient under this sec-
tion will not recover within the period of six months, but
his early recovery appears reasonably probable, that period
may from time to time be extended for further periods of
such length not exceeding three months as may be specified
in directions given by the Medical Superintendent upon the
application of one of the persons mentioned in subsection ( 2 )
provided that such further periods shall in no case exceed
six months in all.

( 1 3 ) The Governor-General, acting in his discretion,
may on the recommendation of the Medical Superintendent
at any time order-

(a) that any person received as a temporary patient
shall be discharged; or

(b) that steps shall be taken to deal with him under
this Act as a person of unsound mind.

PART XI

VISITING COMMITTEE

53. ( 1 ) There may be established a Visiting Com- ~~~~~~~~!'':t~
mittee of the mental hospital which shall consist of not more duties and
than three members, at least one of whom shall be a doctor, c:&"'
to be appointed by the Minister. Comm~ttee.

( 2 ) Every member of the Visiting Committee shall hold
office during the pleasure of the Minister and for a period
of two years from the date of his appointment, but shall be
eligible for re-appointment .

( 3 ) The Minister shall appoint one member of the
Visiting Committee to be Chairman.

54. The functions of the Visiting Committee shall :,it:! of the
be- Committee.

(a) to advise the Medical Superintendent in regard
to the general administration of the mental hospital;

LAWS OF ANTIGUA AND BARBUDA

3 2 C A P . 274) Mental Treatment

( 6 ) to consider, and if necessary make recom-
mendations with regard to improvements in the accom-
modation, catering arrangements and any other matters
connected with the running of the mental hospital;

(6) to consider any matter which the Minister or
the Medical Superintendent may refer to the Visiting
Committee:
Provided that the powers granted under this section shall

not be interpreted to include any right to enquire into, com-
ment upon, or criticise any technical modes of treatment of
any mental patient adopted by the Medical Superintendent
or other medical practitioner working with or under him at
the mental hospital.

PART XI1

MISCELLANEOUS

Prerogative of 55. Nothing in this Act shall prejudice any right or
Crown. prerogative of Her Majesty, or of the Governor-General on

behalf of Her Majesty.
Insane persons so
found by

56. Nothing in this Act shall apply to insane persons
inquisition. SO found by inquisition.

Regulations. 57. The Cabinet may make regulations-

(a) for the management of mental hospitals, the
admission of patients, the payments to be made in
respect of patients, the absence on parole and discharge
of patients and any other matter relating to the conduct
and management of mental hospitals;

(b) for the maintenance and control of institutions;

(c) for the constitution of a Board of Visitors for
licensed houses in the manner provided by section 18;

(6) as to the books to be kept by the licensee of
a licensed house, the entries to be made therein, and
the returns and notices to be furnished and given by
such licensee;

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 3 3

(e) for the conduct and management of hospitals
for criminals of unsound mind;

(f) generally for carrying into effect the provisions
of this Act.

58. The forms contained in the Schedule may be used Forms.
in all cases to which they are applicable, but no such form
shall in any case be obligatory.

SCHEDULE

FORM 1

The Mental Treatment Act

S. 4(1).

Information relating to mental disease

Antigua and Barbuda

5
District

A.B., of , informs the undersigned
Magistrate that he has good cause to suspect and believe and
does suspect and believe that D.E. of , 1s
a person of unsound mind with no visible means of support and
a proper subject for confinement.

Taken and sworn this
day of

before me, 1 Informant
District Magistrate

LAWS OF ANTIGUA AND BARBUDA

3 4 CAP. 274) Mental Treatment

FORM 2

The Mental Treatment Act

Medical Certificate S. q5) .

Antigua and Barbuda

I, R.K., a registered medical practitioner hereby certify that
I, on the day of , personally
examined A.B. of , and I hereby certify
that the said A.B. is a person of unsound mind and a proper
subject for confinement, and I have formed this opinion upon
the following grounds, namely-

1 . Facts indicating mental disease observed by myself (here
state the facts).

2 . Other facts (if any) indicating mental disease
communicated by others (here state the facts and by whom
communicated).

3. I have made enquiries of all persons known to me who
seem likely to be able to give information as to any facts of the
previous history of the said A.B. likely to be of service with reference
to the medical treatment. The following statement contains all
such facts known to me:

STATEMENT

(If any particulars in this statement are not known,
this is to be stated)

Name of patient and christian name at length.

Sex and age.

Married, single, or widowed.

Condition of lifc and previous occupation, if any

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 3 5

The religious persuasion as far as known.

Previous place of abode.

Whether first attack. Age (if known) on first attack.

When and where previously under care and treatment.

Duration of existing attack. Supposed cause.

Whether subject to epilepsy.

Whether suicidal.

Whether dangerous to others.

Name and christian name and place of abode of nearest known
relative of the patient and degree of relationship.

(Add any other facts proper to be stated)

(Signed) R.K.

(Place of abode)

Dated this day of

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 274) Mental Treatment

FORM 3

The Mental Treatment Act

Adjudication of mental disease and committal to mental hospital.

Antigua and Barbuda

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of , A.B.,
of informed me the undersigned,
Magistrate in and for , that he had good
cause to suspect and believe and did suspect and believe that D.E.,
of , was a person of unsound
mind and a proper sub-ject for confinement: And whereas it
-appears to me that the said D.E. is a person of unsound mind
and a proper subject for confinement: And whereas, as required
by the above-mentioned Act, the medical certificates here-
unto annexed of the unsoundness of mind of the said D.E., have
been given: And whereas the consent in writing of the Medical
Superintendent to receive the said D.E. into the mental hospital
has been produced to me: Now, therefore, I do hereby adjudge the
said D.E. to be a person of unsound mind and a proper subject
for confinement and do hereby order that the said D.E. be detained
in the mental hospital subject to the provisions of the above-
mentioned Act, and the rules and regulations of such mental
hospital.

District Magistrate

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 37

FORM 4

The Mental Treatment Act

Adjudication of mental disease and committal to licensed house.

Antigua and Barbuda

District

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of , A.B., of
informed me the undersigned, Magis-

strate in and for , that he had good cause to
suspect and believe, and did suspect and believe D.E., of

to be a person of unsound mind and a proper
subject for confinement: And whereas, as required by the
above-mentioned Act, the medical certificates hereunto annexed
of the unsoundness of mind of the said D.E. have been given:
And whereas F.G., of , has offered to
undertake the care and custodv of the said D.E.. in his house
situate at , within the said district

, and has requested to have a licence granted to him for
that purpose: And whereas I am of opinion that the said F.G. is
a proper person to have the care and custody of the said D.E., and
that his said house is suitable for the reception of the said D.E.:
Now, therefore, I do hereby adjudge the said D.E. to be a person
of unsound mind and a proper subject for confinement, and I do
hereby grant to the said F.G. a licence to receive the said D.E.
into his said house and there to have the care and custody of him
the said D.E., and I do hereby order that the said D.E., be detained
as a person of unsound mind in the said house of the said F.G.,
in the care and custody of the said F.G., subject to the provisions
of the above-mentioned Act.

District Magistrate

LAWS OF ANTIGUA AND BARBUDA

38 CAP. 274) Mental Treatment

FORM 5

S. lO(c).

The Mental Treatment Act

Order of committal of patient with no visible means of support.

Antigua and Barbuda

District

A.B. Informant, D.E. Respondent.

(Date)

Whereas on the day of 19 ,
A.B., of informed me the undersigned, Magistrate
in and for that he had good cause
to suspect and believe and did suspect and believe that D.E. was a
patient with no visible means of support and a proper subject for
confinement: And whereas, as required by the above-mentioned
Act, the medical certificates hereunto annexed of the
unsoundness of mind of the said D.E. have been given: Now, there
fore, I do hereby adjudge the said D.E. to be a patient with no
visible means of support and a proper subject for confinement, and
I do hereby order that the said D.E. be detained in the mental
hospital as a government-aided patient subject to the provisions
of the above-mentioned Act.

District Magistrate.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 39

FORM 6

The Mental Treatment Act

Adjudication of mental disease and transfer of proceedings

Antigua and Barbuda

District

A.B. Informant, D.E. Respondent.
(Date)

Whereas on the day of 19 .
A.B. of informed me the undersigned,
Magistrate in and for that he had good cause
to suspect and believe and did suspect and believe D.E., of

, to be a person of unsound mind and a proper
subject for confinement: And whereas it appears to me that the
said D.E. is a person of unsound mind and a proper subject for
confinement: And whereas as required by the above-mentioned
Act, the medical certificates hereunto annexed of the unsound-
ness of mind of the said D.E. to be a person of unsound mind
and a proper subject for confinement, and being of opinion that
the question of the care and custody of the said D.E. may be more
conveniently decided by the Magistrate of district
I do hereby order that the further proceedings in this matter be
had before the Magistrate of the said district ......................

District Magistrate

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 274) Mental Treatment

FORM 7

The Mental Treatment Act

Committal to a licensed house upon an adjudication by another
Magistrate

Antigua and Barbuda
District

A.B. Informant, D.E. Respondent.

(Date)

Whereas D.E., of was on the
day of by Magistrate
in and for district , adjudged to be a person of
unsound mind and a proper subject for confinement, and the
further proceedings in the matter of the said mental disease were
directed to be had before the Magistrate in and for district

: And whereas F.G., of has offered to
undertake the care and custody of the said D.E. in his house,
situate at . within the said last-mentioned district
and has requested to have a licence granted to him for that
purpose: And whereas I am of opinion that the said F.G. is a
proper person to have the care and custody of the said D.E., and
that his said house is suitable for the reception of the said D.E.:
Now, therefore, I do hereby grant to the said F.G. a licence to
receive the said D.E. into his said house, and there to have the
care and custody of him the said D.E. and I do hereby order that
the said D.E. be detained as a person of unsound mind in the said
house of the said F.G., in the care and custody of the said F.G.,
subject to the provisions of the above-mentioned Act.

District Magistrate.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 4 1

FORM 8

The Mental Treatment Act

S. 15.

Undertaking as to person of unsound mind absent on parole

(When no p a p n t is to be made, the wordc between brackets must be omitted)

An Agreement made the day of
between His Excellency the Governor-General of Antigua and
Barbuda (hereinunder called the Governor-General) of the One
Part and C.D. of

of the Other Part; Whereas the said C.D. has requested
that E.F. a patient at present confined in the mental hospital at

(hereinafter called the said mental hospital)
may be liberated on parole, and placed in charge of him the said
C.D.: And whereas the Medical Suprintendent of the said mental
hospital (hereinafter called the Medical Superintendent) has
approved of the said E.F. being liberated on parole, and delivered
to the said C.D. for the period and subject to the conditions here-
inafter appearing, provided that the said C.D. enter into the agree-
ment hereinafter contained: Now these Dresents witness that in
consideration of the premises (and of the payment hereinafter
agreed to be made to the said C.D.) it is mutually agreed between
the said Governor-General and C.D. as follows-

. The said C.D. shall take charge of the said patient, and
exercise proper care and control over him, and provide him with
suitable food, clothing, and other necessaries, and shall allow him
to be visited by any member of the Visiting Committee, any duly
authorized medical practitioner, or any Magistrate.

The said C.D. shall answer according to the best of his
knowledge, information, and belief any questions put to him by
any visitor under this clause, and shall attend and conform to any
directions of a medical visitor.

2. The said patient shall remain in the charge of the said
C.D. for the period of from the day of the
date of these presents, or for such extended period as may be agreed
upon with the concurrence of the Medical Superintendent bet-
ween the Governor-General and the said C.D., unless such period
or extended period be sooner determined by writing under the
hand of the Governor-General on the advice of the Medical
Superintendent. Upon the determination of such period or ex-
tended period the said C.D. shall deliver the patient at the said
mental hospital.

LAWS OF ANTIGUA AND BARBUDA

CAP. ' 274) Mental Treatment

(3. Subject to the provisions of the above-mentioned Act,
the Governor-General shall pay the said C.D. at the rate of a
month for the time during which the said patient shall remain
in charge of the said C.D. under this agreement.)

In witness whereof the said and C.D.
have hereunto set their hands the day and year first above written.

Signed by the said
presence of X.Y. of,

and C.D. in the

When the period is extended, a Memorandum to the following effect may
be endorsed upon the statement-

It is hereby agreed between His Excellency the Governor-
General of Antigua and Barbuda and the within mentioned C.D.
with the advice of the Medical Superintendent that the within men-
tioned period of be extended till the
day of

C.D.

FORM 9

The Mental Treatment Act

Notice by Licensee desiring to be discharged

Antigua and Barbuda

To T.M. , Magistrate for district

I, E.F., to whom on the day of , a
licence was granted by you to receive into my house, situate in

one A.B. a patient, and there
to have the care and custody of the said A.B. do hereby give you
notice that I desire to be discharged of the care and custody of the
said A.B.

Dated this day of E.F.

Witness G.H. of

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 43

FORM 10

The Mental Treatment Act

Order for removal of person of unsound mind from licensed house
at request of friends

Antigua and Barbuda

District.

(Date)

Whereas by an order made on the day of
by Magistrate in and for district , a
licence was granted to E.F. of in the said
district , to receive one A.B., a patient, into his house
situate in the said district, and there to have the care and custody
of the said A.B.: And whereas it appears to me the Magistrate
in and for the said district, that the said A.B. is maintained in
the said licensed house of the said E.F. at the expense of J.H.
and K.L. and that the said J.H. and K.L. are desirous that the
said A.B. should be removed from the licensed house of the said
E.F. to the house of one Q.R., situate within the said district:
And whereas the said Q.R. has applied to me for a licence to
enable him to receive the said A.B. at his said house, and there
to have the care and custody of the said A.B. : And whereas I
am of opinion that the said Q.R. is a proper person to have the
care and custody pf the said A.B., and that his said house is suitable
for the reception of the said A.B.: Now, therefore, I, the said
Magistrate in and for the said district do hereby
discharge the said E.F. of the care and custody of the said A.B.,
and do hereby order that the said A.B. be removed from the
licensed house of the said E.F. to the said house of the said Q.R.
And I do hereby grant to the said Q.R. a licence to receive the
said A.B. into his said house, and there to have the care and custody
of him the said A.B. And I do hereby order that the said A.B.
be detained as a patient in the said house of the said Q.R. in
the care and custody of the said Q . R , subject to the provisions
of the above-mentioned Act.

District Mafistrate.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 274) Mental Treatment

FORM 11

The Mental Treatment Act

Complaint of ill-treatment (or neglect) of a person of unsound
mind in a licensed house

Antigua and Barbuda

District

of , informs
Magistrate in and for , that A.B., a patient
confined in the licensed house of R.E., situate at
is ill-treated (or neglected).

Taken and sworn this
day of Informant.
before me

District Magistrate.

FORM 12

The Mental Treatment Act

Order for removal on ground of ill-treatment (or neglect) of a
person of unsound mind from a licensed house.

Antigua and Barbuda

On this day of , at
complaint was made to me for that A.B., a patient confined in
the licensed house of E.F., situate at ,
within my district as Magistrate, is ill-treated (or neglected) and
1, having heard the said complaint, do hereby order that the
said E.F. be discharged from the care and custody of the said
A.B. and the consent in writing of
the Medical Superintendent, having been produced to me, do
order that the said A.B. be removed from the said licensed house
of the said E.F. to the said mental hospital at

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 45

there to be detained as a patient, subject to the
rules and regulations of the said mental hospital and to the provi-
sions of the above mentioned Act.

District Magistrate.

FORM 13

The Mental Treatment Act

Warrant for the removal of a person of unsound mind from a
licensed house.

Antigua and Barbuda

District

To T.S. W.V., Y.Z. and

To Q.R.

Whereas by an order made on the day of
by me the undersigned Magistrate in and for
I did order that A.B. a patient confined in the licensed house of
E.F., situate at , be removed from
the said licensed house of the said E.F. to the house of you the
above-named Q.R., situate at in the said
district : These are, therefore, to authorize you the said
T.S., W.V. and Y.Z., or any or either of you, to remove the said
A.B. from the said licensed house of the said E.F., and him to
deliver to you the said Q.R. at the said house of you the said Q.R.
where you the said Q.R. are to receive and have the care and
custody of the said A.B.: And for so doing this shall be your
warrant: And if required in this behalf by you, or any of you,
all constables, peace officers, and all other Her Majesty's subjects
are to be aiding and assisting in the execution of this warrant.

Given under my hand this day of

LAWS OF ANTIGUA AND BARBUDA

46 CAP. 274) Mental Treatment

FORM 14

The Mental Treatment Act

Order for the release of a patient from a licensed house.

Antigua and Barbuda

District

On this day of , at
complaint was made before me, the undersigned Magistrate in
and for , that A.B., a patient confined in
the licensed house of E.F., situate at , in the
said district is no longer a proper subject for
confinement, and it appearing to me, having heard the said com-
plaint, that the said A.B. is no longer a proper subject for con-
finement, I do hereby discharge the said E.F. of the care and
custody of the said A.B. and do hereby order him the said E.F.
to release the said A.B., and him the said A.B. to suffer to go
at large whithersoever he will.

District Magistrate.

FORM 15

The Mental Treatment Act

Interim Order by a Magistrate after notice of appeal

Antigua and Barbuda

(This Order may be ~vritten at the foot of the Order to which it relates)

Whereas the above-named D.E. has duly given notice of ap-
peal against the above order: And whereas under the circumstances
of the case it appears to me to be fit and proper to suspend the
execution of the above order for the time and subject to the con-
dition hereinafter mentioned: Now, therefore, I do order that the
above order be suspended until the appeal against it of the said

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274

D.E. is heard and determined or is deemed to be abandoned:
Provided that this suspension is subject to the following con-

dition, namely that the said D.E. do reside with his uncle P.K.
in the village of , and in case the said D.E.
shall cease so to reside, this order of suspension shall become void,
and the above order shall revive and be of full force and effect.

District Magistrate

FORM 16

The Mental Treatment Act

Order for re-committal of criminal of unsound mind

Antigua and Barbuda

District.

A.D.O., Informant, D.E., Respondent

(Date)

Whereas on the day of , the Governor-
General did order that C.D. a criminal of unsound mind con-
fined in the hospital for criminals of unsound mind at

in Antigua and Barbuda should be discharged
from such hospital, subject to the condition that before the

day of the said C.D. should not at any
time be within the City of Saint John's or within three miles of
any part of the boundaries thereof: And whereas information upon
oath has been laid before me by S.P.O. of
Police in the of ,that
the above-mentioned condition has been broken: Now, having
heard the said information I do adjudge that the said condition
has been broken, and do order that the said D.E. be conveyed to
the said hospital for criminals of unsound mind at

, and there detained as if he had not been
discharged therefrom.

District Magistrate.

LAWS OF ANTIGUA AND BARBUDA

48 CAP. 274) Mental Treatment

FORM 17

The Mental Treatment Act

Warrant for re-committal of a criminal of unsound mind

Antigua and Barbuda

District.

A.B. Informant, D.E. Respondent.

(Date)

To all Constables and to W.P. Superintendent of the
hospital for criminals of unsound mind at

Whereas by an order dated the day of
and made by Magistrate in and for
it is ordered that D.E. be conveyed to the hospital for criminals
of unsound mind at , and there detained
as if he had been discharged therefrom: These are, therefore,
to authorize and require you the said constables, or any of you,
to arrest the said D.E. and convey him to the aid hospital for
criminals of unsound mind at
and there to deliver him to W.P. the Superintendent of the said
hospital. And for so doing, this shall be your warrant. And you
the said W.P. are to receive the said D.E. into your custody, and
him safely to keep in the said hospital for criminals of unsound
mind at
as if he had not been discharged therefrom.

Given under my hand this day of 19 .

District Magistrate.

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 49

FORM 18

The Mental Treatment Act

Order of Magistrate for application of income of insane person's
real estate towards his maintenance

Antigua and Barbuda

District.

In the matter of A.B., a person of unsound mind.

(Date)

Upon the application of S.L.C. Superintendent of the mental
hospital at , it appearing to me that A.B. has since
the day of , been maintained, and that
he is still maintained, at the said mental hospital as a patient, and
that he is entitled to certain houses situate at
in district , and now let to
at rents amounting in the aggregate to the sum of ($45) per annum,
and that the total annual value of such houses is less than $48, and
that the said A.B. is possessed of no other property; and it also
appearing to me that the expenses of the past maintenance and
support of the said A.B. in the said mental hospital at

exceed the amount of the rents in arrear of the said
houses, and that the yearly expenses of his future maintenance and
support will exceed the yearly rents which will accrue to the said
A.B.: Now, therefore, I do order that the said rents in arrear be
applied in discharge of the past maintenance and support of him
the said A.B., and that the said rents hereafter to accrue be applied
in payment of the expenses of the future maintenance and support
of the said A.B. so long as he lives and continues to be an inmate
of the said mental hospital at
and I do declare that the said A.B. holds the said property and
the right to receive the said rents accrued, or hereafter to accrue,
on trust to obey this order, and accordingly I do order that the
right to sue for and receover the said rents in arrear and the rents
that shall accrue, vest in the said S.L.C., and any unapplied surplus
in the hands of the said S.L.C. upon the discharge of the said
A.B. from the said hospital or upon his death is to be held upon
trust for the said A.B., his executors administrators, and assigns.

District Magistrate.

LAWS OF ANTIGUA AND BARBUDA

50 CAP. 274) Mental Treatment

FORM 19

The Mental Treatment Act

Order for sale of insane person's real estate, and application of
proceeds for his maintenance

Antigua and Barbuda

District.

In the matter of A.B., a person of unsound mind

(Date)

Upon the application of , Medical
Superintendent of the mental hospital , it appear-
ing to me, . Magistrate in and for
that A.B. has since the dav of been
maintained and he still is maintained in the mental hospital at

as a government-aided and
that he is seised of an estate in fee simple in possession of one
undivided moiety of and in a certain cottage, premises, and
plantation with the appurtenances situate at
to the other undivided moiety of which E.F., of
is entitled for an estate in fee simple in possession, and that the
value of the said undivided moiety of the said A.B. is less than
the sum of $480, and that the said A.B. is possessed of no other
property; and it also appearing to me that the expenses of the
past maintenance and support of the said A.B. in the said
hospital from the said day of , to
the day of ,amount to the sum
of ($200). And the said E.F. offering to purchase the said undivided
moiety of the said A.B. for the sum of ($400). And I being of
opinion that the said offer of the said E.F. is fair and reasonable,
and that it is expedient to accept the same, do order that the same
be accepted and carried into effect, and do declare that the said
A.B. holds the said undivided moiety upon trust to obey this order.
And the said E.F. having paid the said sum of ($400) to the said
S.L.C., and the said S.L.S. undertaking to apply the sum of ($200),
part thereof in payment of the expenses of the past maintenance
and support of the said A.B. from the said
day of to the said day of
from time to time to apply the sum of ($200) residue of the said
sum of ($400) in or towards the expenses of the maintenance and
support of the said A.B. from the last mentioned day, and upon
the discharge from the said hospital or death of the said A.B.,

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 5 1

to hold any unapplied surplus in his hands upon trust for the said
A.B., his executors, administrators, or assigns, I do order that
the said undivided moietv of the said A.B. of and in the said cot-
tage, premises and plantation, with the appurtenances, do vest
in the said E.F. his heirs and assigns for all the estate and interest
which the said A.B. has therein.

District Magistrate

FORM 20

The Mental Treatment Act

Admission as a voluntary patient

Antigua and Barbuda

I wish to be admitted to the mental hospital, Antigua, as a
voluntary patient for treatment. I understand that I can leave the
hospital by giving seventy-two hours' notice of my intention to
do so.

........................... Signature

.................. Date.

.............................. Witness

I give my consent to undergoing physical treatment.

........................... Signature

(If a minor)

I give my consent for himlher to undergo physical treatment.

........................ Signature of
parent or guardian.

LAWS OF ANTIGUA AND BARBUDA

5 2 C A P . 274) A4ental Treatment

FORM 21

The Mental Treatment Act

Form of application for reception of a temporary patient

Antigua and Barbuda

1. I am a registered medical practitioner residing at
. The said is now

my patiendis now in my district and I make this application at
the request of who is related to the said

in the following manner:

I am not related to the said . The
reasons why this application is not made by a relative of the
said , and my connection with him, and
the circumstances under which I make this application, are as
follows:

2. Annexed hereto is a recommendation for the temporary
treatment of the said signed by
To the Medical Superintendent

Mental Hospital, (Signed)

Antigua. Dated

LAWS OF ANTIGUA AND BARBUDA

Mental Treatment (CAP. 274 53

FORM 22

The Mental Treatment Act

Form of recommendation for temporary patient

Antigua and Barbuda

Recommendation for the temporary treatment of
of

1, of hereby declare
that-

1. I am the Government Medical Officer of district
and I am not the usual medical attendant of the above-named.

2. I examined the said on the day of

*3. I have formed the conclusions stated below on the follow-
ing grounds, viz.-

I
that-

of hereby declare

1. I am a registered medical practitioner and I am (am
not) the usual medical attendant of the above named.

2. I examined the above-mentioned on the
day of

*3. I have formed the conclusions stated below on the follow-
ing grounds, viz.-

1. The said

(i) is suffering from mental illness;

(ii) is likely to benefit by temporary treatment;

(iii) is for the time being incapable of expressing himself
as willing or unwilling to receive such treatment.

*A person in specifying the grounds on which his conclusions are based, must
carefully distinguish between statements of fact which are based upon his own
observations and statements of fact which are based upon communications made
to him by others.

LAWS OF ANTIGUA AND BARBUDA

5 4 CAP. 274) Mental Treatment

2. It is expedient with a view to the said
' s recovery that he should be received

into for a period not exceeding six months.

(Signed)
Medical Qualifications

Date

(Signed)
Medical Qualifications

Date

FORM 23

The Mental Treatment Act

Agreement to bring a patient discharged on parole for medical
examination

In accordance with section of the Mental
Treatment Act, I of agree
to bring on 19 , of

who is to be discharged on parole for a period
of weekslmonths, to the Medical Superintendent,
and failing this to send him a medical certificate signed
by two registered medical practitioners stating that

may safely be permitted to be at large.

.............................. The Medical Superintendent.. Signature

The Mental Hospital, Witness ..................................
Antigua.

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