Section 38

It shall be the duty of the visitors of every mental hospital, upon being satisfied by the report of the medical superintendent and by personal inspection that any patient detained under section 35(3) should be further detained for care and treatment, to make application in accordance with Form 4 in the Schedule to a Magistrate for an order of detention, and the Magistrate may thereupon, with or without further inquiry at his discretion, sign a detention order in accordance with Form 5 in the Schedule ordering the patient to be detained in a mental hospital for care and treatment. Such order shall be sufficient authority for the further detention of the patient for a period not exceeding 12 months.

The visitors may, when making an application for an order of detention under this section, order by endorsement upon the detention orders made under section 35(3) that the patient be detained until the order of detention has been received or until the Magistrate has made other order in the case, and such endorsement shall be sufficient authority for the detention of the patient during such period.

Where a patient has been detained at a mental hospital pursuant to an order made by a Magistrate under this section, the visitors of the mental hospital, upon being satisfied by the report of the medical superintendent and by personal inspection that the patient should be further detained at the mental hospital for care and treatment, may make a further application or applications to a Magistrate for an order of detention and subsection (1) shall, mutatis mutandis, apply to such an application or applications.[39** Section 38 in the 1970 Edition was repealed by Act 52 of 1973.