Star.
London, England, 1805-12-25 00:00:00

DILC. 22.-LUNATIC PITITION.

The Court, this day, difpoted of 27 Lnnatic Peti-
tions, of which the following was the only one de.
retiring of any particular notice.
Ex-parie METCALF, in be Mailer of CPI EtTIIIMAN.
In this cafe, it appeared, that Mrs. Mary Chener-
man had been for twenty-five years a Lunatic, of
whom Mr. Metcalf Carleton was the Committee, as
next of kin, with an allowance of soot. a-year, for
the expences of her care and maintenance. At the
time when the Commiflion of Lunacy was taken our,
the income of Mrs. Chellerman'settates amounted to
8501. a year, which was fince irnprnired to ',soot. and
was expected to be flill further improved, to the fur
of 2,5001. About three years fince, Mr. Metcalf
Carleton, her Committee, placed her, with the cons
fent of the Petitioner, Mr. Metcalf, at the houfe of a
gentleman of the name of frith, who kept a recepta-
cle for fuch patients, in the county of Surrey, paying
for her at the rate of 1401. altar. Withing, how-
ever, that the might have greater comfort than could
be fout:d in any houfe of that kind; and nndernand.
,ing, from the report of phyficians, that it would be
beneficial to her health, if the could be induced to
take exercife in a carriage, he propofed, that the
thould be removed to a bode of her own, fituated at
Marfgate, near Richmond, and inhabited at prefent
by ivir. Carleton, and that he fhould be allowed, out
of her ellate, the turn of 1,2001. a year, to provide for
her a carriage, and fuitable enablithment, confining
of three maids, a gardener, coachman, and footman.
That Petition was referred to the Mailer, who re•
ported in favour of the application, allowing for the
purpofes alcove-mentioned, an annuity of I tool.
Mr. Rosticzt and Mr. BELL this day preferred a
petition from Mr. Metcalfea nephew of the Lunatic.;
and lard one of her next of kin, praying, that the re-
port thould be fent back to the Mailer for tuition;
and that no greater allowance &told be made, than
the furn of sool. annually, as had before been agreed
to. In order to follain the prayer of the petition, they
produced the affidavits of twomedical gentlemen, hod
a Magiftrate, who infpeded the premites of Mr. hint,
which they reprefented as arranged with the ben pal.
ble accommodations for patients labouring under men-
tal infirmity ; that her room was airy and wholefome ;
that there was a garden for her to take the air in ;
that they did not think, in ber prefent nate of de-
rangement, the could be induced to make ufe of
a carriage ; that being expofed to the view of dif
ferent objeas, would tend rather to diaraft than
compofe ; and, in fine, that they did not think the
propofed arrangement of a new and role enablith.
ment, would, at prefent, tend either to her benefit
or comfort. It was flrongly contended, on thefe
grounds, by the Counfel for the Petition, that the
propofed expence would only tend to the benefit and
convenience of the Committee, who wifhed to convert
Inch an addition of her property to his own purpofes.
They argued, that being expofed to new and orange
attendants, would be likely to produce an injurious
effea upon the Lunatie, which that irritation, caufed
by the appearance of new objeas, generally occafsoned
in the imagination of perfons thus dreadfully afflided.
They admitted, that the whole produce of the dime
of one in that condition, ought to be expended in any
thing which aright tend to give her all the cafe and
comfort which the was capable of receiving, but that
would not be the effed of this new eftablitEment ; as
it appeared. that for the prefent, at lead, there was no_
profped of her being prevailed upon, voluntarily, to
have the exercife of a coach, and even if the conld
be fo induced, there would be &tog objedions to
the populous neighhouthood of Richmond. where the
mull be unavoidably expofed to the irritating gaze
and intrufion of new objects. If it were thought ne-
cellary that an experiment ihould he made, whether
be could be brought to ufe a carriage there was as
eafy mode of doing fo, by means of a hired coach,
which would not he attended by any thing like the
fame expence as her Committee here applied for,
principally to have hirrifelf the benefit and eoj'yment,
, f an eltablithmeat and conveniences, which' would
not afford any additional comfort to his charge, who'
way at prefer, ditrofed of in the manner belt taited,

to her fitoation. They, etterequestly urged, that the
Mailer's Report ought to be anielided, and that the
Committee,of the Lady lio-pld not be allowed to en-
joy fo many cimivenienFes at the expellee of that pro-
perty, part of which was to defcend to the Petitioner,'
as one of the *en of kin.
Mr. RICHARDS and Mr. HART °mired this appli-
cation. They fully admitted that the houfe of Mr.
billt was not deficient in any of the accommodations
which could be expelled in receptacles of that kind ;
but it was no difparagement of- it to fay, that it did
not afford all thefe comforts which the fortune of this
unhappy lady entitled her to enjoy. From the affida-
vits of phyficians and others, it appeared that her
apartment confifted only 'of a two-bedded ronrn; and
though the was not confined to it, nor debarred from
air and exercife in the garden, yet nothing could be
more improper, than that in doing fo, the obit& llie
was likely to meet would be perfons tinder the fame
melancholy affiiaion with Nadi: The impreffion
which that mode Gni& teemed to make upon hermind
was, that the was living in a workhoufe, whereas, by
the ellablithment propofid for her, (he would find
herfelf furrounded by her own fervants, and under the
eyes of a perfon who mull be fuppofed to have feel-
ings of natural affcaion towards her, and in a houfe
of her own, containing fpacious apartments, as alto a
garden, etiolated by a wall. The population of the
neighbourhood of Richmond, they held to be no fo-
lid objeaion to the arrangement ; for, as the phyfi.
cians alledged that the exercife of a carriage may be-
come beneficial to her health, there was no plaint
where the could have it without the neceffary expo.
fure of being teen by tome perfons ; but it by no
means followed that fo common a eireunißance
would produce the irritation that was fuggelled.
The LORD CHANCSLLOR faid, what moil prefect
itfelf upon his mind in this cafe was, that the com-
mittee of the Lady who applied for this increafed.
allowance, was a perfon who waafairly open to the
fufpicion of witting to make a perfnnal advantage of
his troll; at the fame time, however, nothing tram
more equitable, than that, as far, as the fortune of
the Lunatic would admit of if. no confideration of
laying whatever fbould be (uttered to interfere with'
any potable comforts which (he might be capable of
enjoying. No imputation whatever,and he wilhed that
to be exprefsly underflood, could attach to the acconi.
modations of Mr. hales haute ; but it frequently
happened, that perfons afiliaed with the horrors of
derangement, were occafionally capable of reprefent-
ing themfelves, to themfelves, as being of perfealy
lane mind. If (itch, then, were the fituation of this
lady, and the impreffion on her mind was, that the
was a pauper, in a workhoufe, he, if he were one of
the next of kin, would be :.(lamed to objea to any
expence by which (he might be relieved from it.—On'
the other hand, it was jun and equitable that expen
ces of this kind fhould not be incurred merely for the
benefit of the Committee ; though if they were deem •
ed neceffary, it was fair that he thould have from
them whatever advantage was incidental to them,
and which he was properly entitled to. Upon the
whole, therefore, he thould order that the t epott be
fent back to the dafter, for revifion ; with a direaion,
that, in the view he was to take of it, he thould at-
tend to what might be produaive of comfort to the
lady, rather than to the guaniron of expence which
wculd refult from the induli nee.