CHAPTER
238
LEPERS |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Portion of New Providence to be set apart for
leper asylum. |
Duty to give notice of case of leprosy. |
|
Segregation, etc., of
Lepers |
Application for removal to leper asylum. |
Abstention from making order if bond given. |
Admission to leper asylum or leper able to
support himself. |
Order of contribution for leper's maintenance may
be made. |
Capture of lepers escaping from asylum. |
Apprehension of leper quitting asylum. |
Aiding lepers to escape from asylum. |
|
Detention of lepers now in asylum. |
Prohibition of certain trades to lepers. |
Penalty for carrying on a prohibited trade. |
Sale of food, etc., prepared by a leper. |
Landing of lepers prohibited. |
When impracticable to obtain certificate in any
district, supposed leper to be taken to Nassau. |
Part of Asylum for
Prisoners |
Power to apportion part of asylum for prisoners
and lunatics. |
Leper sentenced to imprisonment to be committed
to asylum. |
Offences by Inmates of
Asylum |
Offences by inmates of asylum. |
More serious offences by inmates of asylum. |
Provisions as to solitary confinement. |
Discharge from Asylum |
Minister may discharge from asylum on bond being
given. |
Discharge of leper on certificate of medical
superintendent. |
Miscellaneous Provisions |
|
Penalty on persons trespassing on asylum. |
Execution and obstruction of order. |
Protection of qualified practitioners. |
Jurisdiction of stipendiary and circuit
magistrate. |
|
|
SCHEDULE - Trades or Callings Prohibited to Lepers. |
CHAPTER 238 |
LEPERS |
An Act
relating to lepers. | 10 of 1928
G.N. 7(9)/1964
18 of 1965
E.L.A.O., 1974
5 of 1987 |
[Commencement 5th
June, 1928] |
1. This Act may be cited as the Lepers Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"leper"
means any person suffering from any variety of leprosy; |
"leper
asylum" means any part of New Providence set apart for the segregation and
confinement of lepers; |
"magistrate"
means a stipendiary and circuit magistrate or the commissioner of any district
whom the Governor-General may by Order to be published in the Gazette
from time to time appoint to exercise any jurisdiction conferred by this Act; |
"medical
officer" includes the Chief Medical Officer, the medical officer or a
district medical officer; |
"medical
practitioner" means a duly qualified medical practitioner within the
meaning of the
Medical Act; |
"Minister"
means the Minister responsible for Medical, Nursing and Health Services. |
3. (1) The Minister may by Order to be published in the
Gazette set apart any portion of New Providence as a leper asylum, and
any lepers may lawfully be detained therein any law to the contrary
notwithstanding. | Portion of New Providence to be set apart for leper
asylum. |
(2) The medical
officer shall be the medical superintendent of the leper asylum. |
4. (1) Every person residing in any house used for
human habitation who knows or has good reason to suspect that any inmate
therein is a leper, and every person who knows or reasonably suspects that any
person employed by him is a leper, and every person who knows or has good reasons
to suspect that any person residing in the same district with him is a leper,
shall forthwith give notice thereof to a medical officer and if there is no
medical officer of the district to the commissioner. In New Providence such
notice shall be given to the Chief Medical Officer. | Duty to give notice of case of leprosy. |
(2) On receiving
such notice a medical officer shall forthwith visit and examine such inmate,
employee or other suspected person and send a full report in writing to the
Minister with a written certificate, stating whether, in his opinion such
inmate, employee or other suspected person is or is not afflicted with leprosy. |
(3) The Chief
Medical Officer may have such inmate, employee or other suspected person
visited, examined and reported upon, and such visit, examination and report
shall be made under such rules as the Minister may prescribe; and such report
shall be made to the Minister. |
5. Every person wilfully neglecting to give such notice
as aforesaid shall be guilty of an offence and shall be liable on
conviction to a fine of fifty dollars. | Neglect to give notice. |
Segregation,
etc., of Lepers |
6. (1) After the receipt of such report, as provided
for by section 4 of this Act as aforesaid, it shall be lawful for the Minister,
if he shall think fit, to apply to a magistrate for an order that the leper or
alleged leper be removed to or detained in a leper asylum. | Application for removal to leper asylum. |
(2) It shall be
lawful for a magistrate, upon application being made to him by the Minister for
an order that the leper or alleged leper be removed to, or detained in, a leper
asylum, to make such an order: | Power to make order for removal of leper to asylum. |
Provided that no
such order shall be made and no person shall be committed or removed to or
detained in a leper asylum under the provisions of this Act unless a certificate
shall have been given by two medical practitioners that such person is actually
suffering from the disease of leprosy. | Evidence required to prove leprosy. |
7. (1) If on the hearing of the case the leper or any
one on his behalf gives security by a bond to the satisfaction of the
magistrate that such person shall be properly isolated and maintained and
treated in private and shall not be suffered to be at large, the magistrate may
abstain from making an order of removal. | Abstention from making order if bond given. |
(2) If it
afterwards be proved to the satisfaction of a magistrate that any leper as to
whom security has been given under subsection (1) of this section is not
maintained in a state of isolation from the general public, such bond shall be
forfeited and it shall thereupon be lawful for such magistrate by warrant under
his hand to order such leper to be removed to and detained in a leper asylum
until he is discharged by order of the Minister under the provisions of this
Act. | Forfeiture of bond. |
8. The Chief Medical Officer or the medical
superintendent may, on the application of any leper able to support himself,
and with the approval of the Minister admit such leper to a leper asylum, and
such admission shall be on such terms and conditions as to payment for
maintenance and in other respects as to the Minister may seem meet. Such leper
shall remain in a leper asylum until discharged therefrom under the provisions
of this Act. | Admission to leper asylum of leper able to support
himself. |
9. (1) Upon the application of the Minister a
magistrate may order a leper detained in a leper asylum or any person legally
bound to maintain a leper so detained to contribute such sum either by weekly
payments or otherwise and whether in respect of past or future maintenance, as
the magistrate may deem reasonable in view of all the circumstances of the
case, and any sum so ordered to be contributed shall be recoverable as a debt
due to the Minister, and shall, in the case of the leper himself, be a charge
upon any real property vested in him at the time of his admission to a leper
asylum or to which he may become entitled during his detention therein, and no
conveyance or other disposition of real property by him while so detained shall
be valid without the consent of the Minister: | Order of contribution for leper's maintenance may be
made. |
Provided that no
such order of contribution shall be made unless it is proved to the
satisfaction of the magistrate that such leper or person legally bound to
maintain is able to contribute to the cost of maintenance. |
(2) Any sums
recovered by the Minister under this section shall be paid into the
Consolidated Fund and shall be accounted for annually to Parliament. |
10. Every person received into a leper asylum under
any warrant or order issued under the provisions of this Act may be detained
therein until he be removed or discharged, and in case of escape, may by virtue
of such warrant or order be captured by any officer or servant of such leper
asylum or any peace officer or other person and may be conveyed to and received
into and detained in such leper asylum. | Capture of lepers escaping from asylum. |
11. Any person ordered to be detained in the leper
asylum who shall quit the same or be at large without having been duly
discharged may be apprehended by any person and reconveyed to a leper asylum. | Apprehension of leper quitting asylum. |
12. Any person who shall aid or abet any inmate of a
leper asylum in escaping or attempting to escape from such asylum before such
inmate has been lawfully discharged therefrom, shall, on conviction thereof, be
liable to a penalty of fifty dollars or to imprisonment for
three months. | Aiding lepers to escape from asylum. |
13. Any person who shall harbour or conceal, or shall
remove, entice away or receive any person who shall have been detained in a
leper asylum and who shall not have been duly discharged therefrom as
aforesaid, shall be liable to a penalty of fifty dollars or
to imprisonment for one month. | Harbouring leper. |
14. All lepers in the hospital at the date of the
coming into force of this Act shall continue to be detained under this Act. | Detention of lepers now in asylum. |
15. No leper shall carry on any of the trades or
callings specified in the Schedule to this Act; or any other trade or calling
which the Minister may from time to time by Order to
be published in the Gazette prohibit lepers from carrying on. | Prohibition of certain trades to lepers. |
16. (1) Any leper who shall carry on any trade or
calling as aforesaid and any person who shall knowingly employ a leper in any
such trade or calling shall be liable on conviction to a fine
of fifty dollars and in default of payment to imprisonment for three months and
any leper so convicted may be committed to a leper asylum to be detained there
till discharged by order of the Minister under the provisions of this Act. | Penalty for carrying on prohibited trade. |
(2) Any person
knowing himself to be a leper who shall enter any hackney carriage or other
public vehicle or lodge in any hotel, boarding house or lodging house or enter
any shop where food or drink is sold to be consumed on the premises or bathe in
any public bath, and the proprietor or person in charge of any such hackney
carriage or other public vehicle, hotel, boarding house or lodging house, shop
or bath, who shall knowingly allow any leper to enter the same, shall be liable
on
conviction to a fine of fifty dollars and in default of payment to imprisonment
for three months; and any leper so convicted may be committed to a leper asylum
to be detained there till discharged by order of the Minister under the
provisions of this Act. | Penalty for entering hackney-carriage, etc. |
(3) If any leper
sells any article of food or drink which has been prepared or handled by him or
with which he has come in contact, he shall be liable on
conviction to a fine of fifty dollars or in default of payment to imprisonment
for three months, and may be committed to a leper asylum to be detained there
until discharged by order of the Minister under the provisions of this Act: | Sale by leper of food, etc., prepared by him. |
Provided that no
supposed leper shall be convicted of an offence under this section unless a
certificate shall have been given by two medical practitioners that such person
is actually suffering from the disease of leprosy. |
17. If any person knowingly sells any article of food
or drink which has been prepared or handled by a leper or with which a leper
has come in contact, he shall be liable on conviction
to a fine of fifty dollars or to imprisonment for one month or to both. | Sale of food, etc., prepared by a leper. |
18. (1) A leper, who is not a citizen of The Bahamas,
shall not land at any of the ports of The Bahamas, from any place not within
The Bahamas, and the master or other person in charge of any vessel who suffers
or omits to prevent the landing from such vessel at any such port of any person
whom he knows or has reasonable grounds to suppose to be a leper shall be
liable to a penalty of one hundred dollars or to imprisonment
for two months. | Landing of lepers prohibited. |
(2) If the port
officer or visiting officer on boarding any vessel which shall come into The
Bahamas shall see reason to suspect that any person on board such vessel is
afflicted with leprosy, but such person shall deny that he is so afflicted, it
shall be lawful for such port officer or visiting officer by writing under his
hand directed to the master or other person in charge of such vessel, to order
that the person so suspected to be so afflicted shall be detained on board of
such vessel until he shall be examined by the health officer of the port and by
a medical practitioner selected by the Minister if the services of a medical
practitioner are obtainable at the port at which the vessel has arrived, and
the master or other person in charge of such vessel shall cause such person to
be detained on board of such 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 Bahamas without the order of the port officer or visiting officer,
the master or other person in charge of such vessel shall forfeit and pay the
sum of four hundred dollars which may be sued for and recovered
as a debt due to Her Majesty. |
(3) Such port
officer or visiting 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 health officer of the port and the Minister; and such
health officer together with any medical practitioner selected as aforesaid if
one is available for the purpose, shall within fifteen hours from the time of
the making of such order, visit such vessel and examine such person and shall
certify in writing to the Minister 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 port officer or visiting officer shall forthwith
make an 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 Bahamas without the permission of the
Minister to be granted on it being made to appear to his satisfaction
that such person is a citizen of The Bahamas. |
(4) Every leper
unlawfully landing may be committed to a leper asylum by a warrant under the
hand of the Minister and may be detained therein for such period as may be
directed by such warrant. |
(5) Every leper
unlawfully landing 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 Bahamas, and may order such leper to be removed to the place from which he
was brought in such manner as the Minister may direct, and the reasonable cost 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 Bahamas, by whose act or
default such leper was permitted to land any may be sued for and recovered as
money due from him to Her Majesty: |
Provided that no
supposed leper shall be removed from The Bahamas under the provisions of this
section and no person shall be convicted of any offence with respect to the
landing and no costs shall be recovered with respect to the removal of any
supposed leper unless a certificate shall have been given by two medical
practitioners that such person is actually suffering from the disease of
leprosy. |
19. In any district of The Bahamas, in which it may be
impracticable to obtain the certificates of two medical practitioners, it shall
be lawful for a magistrate after having obtained the certificate of one medical
practitioner or such other evidence as is obtainable in the district, by
warrant to order the supposed leper to be taken before a stipendiary and
circuit magistrate in Nassau. He shall at the same time deliver the depositions
of the witnesses he has examined and the information or complaint and other
documents issued, taken or made before him to the peace officer who has the
execution of the warrant as aforesaid to be by him delivered to a stipendiary
and circuit magistrate in Nassau who is hereby empowered to deal with the
matter and to continue the same and to treat the case to all intents and
purposes as if it had been originally begun and taken before a stipendiary and
circuit magistrate. | When impracticable to obtain certificate in any
district, supposed leper to be taken to Nassau. |
Part of Asylum
for Prisoners |
20. (1) The Minister may by notice to be published in
the Gazette set apart any portion of a leper asylum as the place in
which lepers sentenced to imprisonment or who have been certified as suffering
from lunacy may lawfully be detained therein and any such
lepers may lawfully be detained therein any law to the contrary
notwithstanding. | Power to apportion part of asylum for prisoners and
lunatics. |
(2) When the term
of imprisonment expires or the lunatic recovers his sanity, then unless the
Minister is satisfied by the written certificate of the medical superintendent
that any such person may be discharged without detriment to himself or others,
such person shall be detained in a leper asylum as an ordinary leper. |
(3) The portion
set apart for lepers sentenced to imprisonment shall be deemed and taken to be
a prison and shall be under the control of such person as the Minister shall
authorise. |
21. Where any leper is sentenced to imprisonment for
any offence or for the non-payment of any money or penalty, the judge of the
Supreme Court or magistrate inflicting the imprisonment shall order that such
leper shall be committed to a leper asylum to undergo such imprisonment and to
be detained thereafter until discharged by order of the Minister under the
provisions of this Act. | Leper sentenced to imprisonment to be committed to
asylum. |
Offences by
Inmates of Asylum |
22. If any inmate of a leper asylum is guilty of the
violation of any rule made under the authority of this Act for the management,
discipline and control of such asylum, the medical superintendent, after due
enquiry upon oath, may, with the approval of the Chief Medical Officer and
subject to the concurrence of the Minister, order such inmate to undergo any
one of the following punishments- | Offences by inmates of asylum. |
(a) exclusion
from seeing friends for not longer then three months; |
(b) deprivation
of tobacco for not longer than fourteen days; |
(c) reduction
of rations for not longer than seven days; |
(d) solitary
confinement for not longer than three days, and to receive only bread and water
or such diet as the medical superintendent shall order. |
23. If any 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 section 22 of this Act, the medical superintendent, after due
enquiry upon oath, may, with the approval of the Chief Medical Officer and
subject to the concurrence of the Minister, order such inmate to undergo any
one or more of the following punishments- | More serious offences by inmates of asylum. |
(a) exclusion
from seeing friends for not longer than six months; |
(b) deprivation
of tobacco for not longer than one month; |
(c) reduction
of rations for not longer than fourteen days; |
(d) solitary
confinement for not longer than seven days, and to receive only bread and water
or such diet as the medical superintendent shall order; |
(e) imprisonment
with or without hard labour for any term not exceeding one month. |
24. Any inmate of a leper asylum ordered to undergo
solitary confinement under the provisions of sections 22 and 23 of this Act
shall have one hour in the open air in the morning and one hour in the evening
in charge of an attendant and apart from the other inmates. | Provisions as to solitary confinement. |
Discharge from
Asylum |
25. The Minister may in his discretion order the
discharge of any inmate of a leper asylum not being a prisoner under sentence
of imprisonment upon security being given by some person on behalf of such
inmate to such person as the Minister shall nominate by bond to his
satisfaction that such inmate shall be properly isolated, maintained and
treated in private and shall not be suffered to be at large. | Minister may discharge from asylum on bond being
given. |
26. Whenever it appears to the medical superintendent
of the leper asylum that any inmate thereof is fit to be discharged therefrom
such medical superintendent shall certify the same to the Minister, and
thereupon it shall and may be lawful for the Minister to direct that such
person shall be discharged. | Discharge of leper on certificate of medical
superintendent. |
Miscellaneous
Provisions |
27. The Minister may make rules with respect to any or
all of the following matters- | Rules. |
(a) the forms
of certificates, warrants, bonds and orders to be used under this Act; |
(b) the
management, inspection, discipline and control of the leper asylum; and for the
providing of separate apartments for men and women and the providing of special
apartments for those lepers who are able to pay their own expenses; and
regulating the isolation and segregation of lepers not detained in the leper
asylum; |
(c) the
visiting of lepers in a leper asylum by their relations and friends; |
(d) the
appointments and duties of officers in charge of and servants of a leper
asylum; |
(e) any other
matters as to which it may be expedient to make rules for carrying into effect
the objects of this Act: |
Provided that such
rules shall make provision for the making of monthly reports to the Minister by
the officers in charge of every leper asylum with regard to the number of
lepers detained therein and the condition of such asylum. |
28. (1) Any person not having official business at a
leper asylum who, without permission of the Chief Medical Officer or medical
superintendent thereof, goes within the limits thereof, shall be guilty of
trespass, and, being convicted thereof, shall be liable to a fine
of twenty-five dollars. | Penalty on persons trespassing on 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 fine of twenty-five
dollars. |
(3) A complaint
for an offence under this section may be made by the Chief Medical Officer or
the medical superintendent, or any officer of a leper asylum to which such
complaint may relate, or by the Commissioner of Police or an inspector or
sergeant of police. |
29. Any order issued under this Act may be carried
into execution by any peace officer or any duly authorised officer or servant
of the Minister; and any person obstructing the execution of, or disobeying the
order, shall be liable to a penalty of fifty dollars or to
imprisonment for one month. | Execution and obstruction of order. |
30. No action, suit or other proceeding shall be
brought against any medical practitioner for any certificate given or for any
thing done in good faith in pursuance of the provisions of this Act or of any
rule made thereunder. | Protection of qualified practitioners. |
31. For the purposes of this Act the jurisdiction and
powers of a stipendiary and circuit magistrate shall be deemed to and shall
extend to every part of The Bahamas. | Jurisdiction of stipendiary and circuit magistrate. |
32. All fines imposed by this Act shall be recovered
in a summary manner before a magistrate in the manner prescribed by law in this
behalf. | Recovery of fines. |
33. All expenses incurred in carrying out the
provisions of this Act shall be paid out of the Consolidated Fund by warrant in
the usual manner. | Expenses. |
SCHEDULE (Section 15) |
TRADES OR CALLINGS
PROHIBITED TO LEPERS |
Baker. |
Barber, or any similar
trade or calling in which the person employed necessarily comes in contact with
other persons. |
Boatmen and stevedores on
any boat carrying passengers or cargo. |
Bootmaker. |
Butcher. |
Cook, or any trade or
calling in which the person employed handles or comes in contact with articles
of food or drink, drugs, medicines or tobacco in any form. |
Dairyman, or any
situation or calling in which the person employed comes in contact with cows or
other animals kept for the purpose of furnishing milk. |
Domestic servant. |
Fishmonger. |
Licensed hackney carriage
driver. |
Makers for sale of
baskets, mats, hats and other straw goods. |
Nurse. |
Tailor, dressmaker, or
any trade or calling in which the person employed manufactures, handles or
comes in contact with wearing apparel. |
Washer. |