PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
20 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Harbour Master may detain leper on vessel.
Lopers land- ing may be
Bent to
Asylum.
Lepera un. lawfully
landed may
be returned
to the place
came.
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19. (1.) If the Harbour Master or other officer discharging the duties of a Harbour Master within any port in the Colony, on boarding any ship or vessel which shall come into the Colony, shall see reason to suspect that any person on board of such ship or vessel is afflicted with the disease of leprosy, but such person shall deny that he is so afflicted, it shall be lawful for such Harbour Master or other officer by writing under his hand directed to the master or other person in charge of such ship or vessel to make order that the person so suspected to be so afflicted shall be detained on board of such ship or vessel until he shall he examined by the Health Officer of the port, and such other Registered Medical Practitioner or Practitioners, if any, as the Governor shall see fit to appoint, and the master or other person in charge of such ship or vessel shall cause such person to be detained on board of such ship or vessel until such examination; and if any such person, in respect of whom any such order of detention shall be made, shall land in the Colony without the order of the Harbour Master or the permission of the Governor being first granted, the master or other person in charge of such vessel shall forfeit and pay the sum of one thousand dollars.
(2.) Such Harbour Master or other officer immediately on making any such order for the detention of any person as aforesaid, shall notify the same and the time of making such order to the Governor and the Health Officer of the Port; and such Health Officer together with such Registered Medical Practitioner or Practitioners, if any, as shall be appointed by the Governor for that purpose, shall within fifteen hours at farthest from the time of the making of such order, visit such ship or vessel and examine such person, and shall certify in writing to the Governor whether such person is afflicted with leprosy or not; and if it shall appear by such certificate that such person is not afflicted with leprosy, the Harbour Master shall forthwith make order permitting the landing of such person; but if it shall appear by such certificate that such person is afflicted with leprosy, it shall not be lawful for such person to land in the Colony without the permission of the Governor, to be granted on its being made to appear to him that such person is a native or domiciled inhabitant of the Colony:
Provided that it shall be lawful for the Governor to grant permission for the landing in the Colony of any person afflicted with leprosy and not being a native of or domiciled in the Colony on being satisfied that two sufficient persons being householders within the Colony have entered into a bond to His Majesty in the penal sum of five hundred dollars conditioned that such person shall not wander about begging or collecting alms or exposing himself in any public road, street, or place in the Colony nor do any act whereby such person may become chargeable upon the public funds of the Colony.
20. Every leper unlawfully landing in breach of the prohibition in the last section con- tained may be committed to a Leper Asylum by a warrant under the hand of the Governor and may be detained therein for such period as may be directed by such warrant.
21. Every leper unlawfully landing as aforesaid may be brought before a Magistrate who may examine such leper and any witness on oath touching the place from which he was brought into the Colony, and may cause such leper to be removed to the place from which he was brought in such manner as the Governor may direct; and the reasonable cost whence they of such removal shall be borne and paid by the master or other person in charge of the vessel by which such leper was brought to the Colony, by whose act or default such leper was permitted to land, and may be sued for and recovered as money due from him to His Majesty.
22. The provisions of the last preceding four sections shall not apply in the case of lepers arriving in the Colony in any ship exclusively employed in carrying Asiatic immigrants to the Colony, but the Governor may by warrant under his hand commit any leper arriving in any such ship to a Leper Asylum, there to be detained for such period as may be directed by such warrant.
Exception in favour of Coolie shije.
Governor- in-Council may make Rules.
Offence by
Asylum.
inmates of
More serious offences by jumates of Asylum.
Management and Discipline of Asylum.
23. The Governor may make Rules with respect to any or all of the following matters:- (1.) The forms of certificates, warrants, bonds and orders to be used under this
Ordinance;
(2.) The management, inspection, discipline, and control of Leper Asylums; (3.) The visiting of lepers in Leper Asylunis by their relations and friends; (4.) The appointment and duties of officers and servants of Leper Asylums;
(5.) For the appointment of Official Visitors and for the periodical visiting of Leper
Asylums by them; and
(6.) Generally for the carrying into effect the provisions of this Ordinance.
24. If the inmate of a Leper Asylum is guilty of the violation of any Rule made under the authority of the last preceding section for the management, discipline, and control of such Asylum, the Medical Superintendent, after due enquiry upon oath, may order such inmate to undergo any one of the following punishments:-
(1.) Exclusion from seeing friends for not longer than three months;
(2.) Deprivation of tobacco for not longer than fourteen days;
(3.) Reduction of rations for not longer than seven days;
(4.) Solitary confinement for not longer than three days, and to receive only bread and
water or such diet as the Medical Superintendent shall order.
25. If an inmate of a Leper Asylum escapes from it or is guilty of repeated violations of any Rules made as aforesaid, which, in the opinion of the Medical Superintendent, cannot adequately be punished under the provisions of the last preceding section, the Surgeon- General, after due enquiry upon oath, may order such inmate to undergo any one or more of the following punishments:-
(1.) Exclusion from seeing friends for not longer than six months;
(2) Deprivation of tobacco for not longer than one month;
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(3.) Reduction of rations for not longer than fourteen days;
(4.) Solitary confinement for not longer than seven days, and to receive only bread
and water or such diet as the Surgeon-General shall order;
(5.) Imprisonment with or without hard labour for any term not exceeding one month.
26. Any inmate of a Leper Asylum ordered to undergo solitary confinement under the Provicic 0 20 provisions of the last two preceding sections, shall have one hour in the open air in the to›litary morning and in the evening in charge of an attendant and apart from the other inmates. confinement.
Miscellaneous Provisions.
27.-(1.) Any person not having official business at a Leper Asylum who, without per- Penalty on mission of the Medical Superintendent thereof, goes within the limits thereof, shall be guilty person tres- of trespass, and, being convicted thereof, shall be liable to a penalty not exceeding twenty-sing on four dollars.
Asylum.
(2.) Any person who, without the permission in writing of the Medical Superintendent, purchases or receives from any inmate of a Leper Asylum any food, clothing, or other article, shall, on conviction thereof, be liable to a penalty not exceeding twenty-four dollars.
(3.) A complaint for an offence under this section may be made by the Medical Super- intendent, or any officer of any Leper Asylum to which such complaint may relate, or any Inspector or Sergeant of Police. (5 of 1870, s. 13, amended.)
28. Any person who shall aid or abet any inmate of a Leper Asylum in escaping or Aiding leper attempting to escape from such Asylum before such inmate has been lawfully discharged to escape, therefrom, shall, on conviction thereof, be liable to imprisonment with or without hard labour for any term not exceeding three months, or to a penalty not exceeding fifty dollars.
from Asylum.
29.-(1.) No supposed leper shall be convicted of an offence under this Ordinance or Evidence removed from the Colony under the provisions of this Ordinance, and no person shall be con- required victed of any offence with respect to the landing, and no costs shall be recovered with respect to the removal of any supposed leper, except on the evidence or certificate of two registered
prove leprosy. medical practitioners that such supposed leper is a leper.
(2.) The certificate in writing of a registered medical practitioner shall be admissible as evidence under this section, unless the Court or Magistrate shall otherwise direct.
30. Any person detained as a leper in a Leper Asylum may, by the special permission Erection of of the Governor, erect or cause to be erected for himself a dwelling house at his own proper house by expense within the limits of the Leper Asylum in which he is detained, subject to such conditions as to plan, site, drainage, and otherwise as to the Governor shall seem fit.
dwelling
inmate.
31. Every person residing in any house used for human habitation who knows or has good reasons to suspect that any inmate therein is a reasonably suspects that any persou employed by him is a
leper, and every person who knows or the nearest Magistrate, Justice of the Peace, or Government Medical Officer, who shall there- leper, shall give notice thereof to upon report the same to the Surgeon-General.
32.
Every person wilfully neglecting to give such information as aforesaid, and every Neglect to Magistrate, Justice of the Peace, or Government Medical Officer neglecting to report the same give infor- as aforesaid, shall be guilty of an offence, and shall be liable on conviction to a fine notation, &c. exceeding twenty-four dollars.
33. On the receipt of such report as aforesaid the Surgeon-General shall forthwith forward Procedure such report to the Government Secretary for the information of the Governor, and such when infor- inspection and examination of the alleged leper shall be held and such report made thereon mation given. as the Governor shall order.
34. After such inspection, examination, and report as aforesaid, it shall be lawful for Removal of the Governor, if he shall think fit, to order the leper or alleged leper to be removed to or Leper to detained in a Leper Asylum:
Asylum.
Provided always that no person shall be removed to or detained in a Leper Asylum unless a certificate shall have been given by two registered medical practitioners that such person
is actually suffering from the disease of leprosy.
35.-(1.) No such order for removal or detention as in the last preceding section men- Isolation in tioned shall be made if the leper or alleged leper shall, in the opinion of the Governor, be lieu of able to provide for himself, at his own place of abode, effective isolation, but in every such removal to case it shall be lawful for the Governor to prescribe rules for observance by such leper or alleged leper in order to secure such isolation.
Asylum.
(2.) In the event of the disregard or breach of any such rules the Governor may order Legal proce- such leper or alleged leper to be removed to and detained in a Leper Asylum.
36. All fines and penalties imposed by or under this Ordinance and all offences there- under shall be recoverable and cognizable under the Summary Jurisdiction Ordinances.
37. All persons acting under the provisions of this Ordinance shall be entitled to the protection of the Justices Protection Ordinance, 1850. (5 of 1870, s. 15.)
38. The Leper Asylum Ordinance, 1870, is hereby repealed; Provided that this repeal shall not affect the validity of the Rules made under the authority of the said Ordinance on the eighteenth day of July, 1895, and the said Rules shall continue in operation notwith- standing such repeal, and shall be deemed to be Rules made under the authority of Section 23
13969
F 2
dure.
axers No. 12
See Ordin
of 1893 and No. 13 of 1893. Protection of persons acting under Ordin. ance No. 2 of 1860. Repeal,
Commence. ment.
44
of this Ordinance, and provided also that all persons lawfully detained in any Leper Asylum at the time of the passing of this Ordinance shall be deemed to be detained therein under the provisions of this Ordinance.
39. This Ordinance shall come into operation on the 1st day of July, 1905.
Section 15.