Section 40

Two of the visitors of a mental hospital, upon the recommendation in writing of the medical superintendent in charge of the hospital, may permit a patient to be absent from that hospital as long as they think fit.

If before the expiration of the period of absence the certificate of two medical officers that it is no longer necessary that the patient be detained in the hospital for care and treatment is forwarded to the medical superintendent or the visitors of the hospital, the patient shall be deemed to be discharged therefrom.

If upon the expiration of the period of absence the patient does not return to the hospital, and no such certificate as is referred to in subsection (2) has been received, the patient may be retaken as in the case of an escape, provided that not more than 28 days have elapsed since such expiration.

The medical superintendent may permit a patient to be absent from such hospital for any period not exceeding 6 months, and if upon the expiration of the period of absence the patient does not return to the hospital the patient may be retaken as in the case of an escape. [41