Maximum numbers.
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the person who completed the application in accordance with section 30 or to the Director of Social Welfare,
(2) If a magistrate who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that the person named in the certificate is a mentally disordered person, he shall countersign the certificate and shall forward it to the medical super- intendent of the mental hospital in which the person is detained:
Provided that a magistrate shall not countersign a certificate- (a) in respect of a voluntary patient unless he is satisfied that the voluntary patient, or some person on his behalf in the case of a voluntary patient of less than sixteen years of age, has given notice of the intention of the voluntary patient to leave the mental hospital in accordance with the provisions of paragraph (a) of subsection (2) of section 30 and that it would be likely to be dangerous to the voluntary patient or to other persons if the voluntary patient were discharged from the mental hospital;
or
(b) in respect of a temporary patient unless the temporary patient has been detained in the mental hospital for a period of noHL less than eighteen months.
(3) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section and may transfer the patient to any other mental hospital.
37. (1) The Governor from time to time by order published in the Gazette may prescribe the maximum number of persons who may at any given time be detained in a mental hospital in accordance with the provisions of section 36.
(2) When an order under subsection (1) is in force and such maximum has been reached, the following further provisions shall apply-
(a) the two medical practitioners who have signed the certificate referred to in subsection (1) of section 36 shall further endorse thereon in the prescribed form their opinion as to whether or not the person mentioned in the certificate is so far deranged in mind as to render it essential that he should be detained in a mental hospital notwithstanding that such maximum has been reached;
(b) within seventy two hours of the receipt of the certificate so endorsed the magistrate shall countersign such certificate if be is satisfied upon the opinion of the medical practitioners as endorsed on the certificate or upon such other evidence as he may consider necessary that it is essential that such person
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should be detained and he shall forthwith return the counter- signed certificate to the medical superintendent of the mental hospital in which such person is detained;
(c) if the magistrate does not countersign the certificate in accordance with the provisions of paragraph (b) within the prescribed time, he shall forthwith cause notice of such fact to be sent to the medical superintendent and the person named in the certificate shall be discharged within seven days of the receipt of such notice.
(3) Notwithstanding the provisions of sections 31 and 32, the detention of a person in pursuance of the provisions of subsection (2) shall be deemed to be lawful detention.
38. When it appears to a medical superintendent that it would be Temporary for the benefit of any certified patient or temporary patient receiving transfer of
patients. treatment or special care or that it is necessary for the purpose of obtaining special treatment for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital. institution or place is willing to receive the patient, may arrange for such transfer.
trial,
39. (1) A medical superintendent may from time to time permit a Absence on certified patient, a fermporary patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper.
(2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe.
(3) Any patient who has been permitted to be absent from a mental hospital in accordance with the provisions of this section and who does not return within the period of absence which has been prescribed may be retaken as if he had escaped from the mental bospital at any time within twenty eight days of the expiry of such period.
(4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital or if the patient does not return to the mental hospital within twenty eight days of the expiry of the period of absence he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance.
by visitors.
40. Subject to the provision of any other enactment, two mental Order of hospital visitors may by writing under their hands order the discharge discharge of any patient other than a patient received into the mental hospital în accordance with the provisions of section 45, 52 or 54.