The Statesman.
London, England, 1813-06-14 00:00:00

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and it is thus that every new
and I may also add,. it was the.
the House of Meister originated
contract, I say, he people.gitte b.
in return justice; and the Sovereign
Crown without making such. a -
who wears a coat for which ke
the tailor. in faet.the case is even
a man would pay for his coat if "
j to do so; but it is always in the
do justice. From his , people '
I ty9 revenue, and every thing
i ambitions what he owes to f
!more than what he is bound
and a good Christian. TO be
them, is to be wanting in justice .
l
Master of N. Rote's Hospital, kept the house; she to degrade and vilify himselrin the sight of both Goo 1 Process - sum,
and man. This (*maintain to be the true ionstitu-
and would be vetoed. pa salted if Mr. Punstan,
tional view of the subject ; and, considerieg the neat-i
there's , said he did net, he was the landlord, and recent-
ter in this light, I am bold to assert, that
'no man in the kingdom so much interested In the mended patients, bet had nothing to do with theme-
punishment of the DOUGLAsEs as the Yantis He- I nagement or Prat* of the house;- she Said no utedi.
GENT himself. Ile of all men living ought to feel , cal gentleman attended the house, her patients were
the greatest desire andauxiety to bring those persons not ill enough to require medical assistance.
to trial; and if he does not feel this desire, it is a) S. Smithson went to Defendant'skonse, by the
groat error in judgment;' and they who are his hest i older of Mr. Dunstan, on the 100 of November,
friends, they, who feel the greatest loyalty, they I•Alt ; he and the Defendant directed her to take a
who wish well to, the elude Family, ought to I ItOly into the country,. whom Defendant said she had
correct so dangerous au)ateedined six months. There were four ladies at that
be. most anxious to
i bale I time in the house of the Defendant, some of theme
error, if it e.ists. Freeholders of Berkshire.'
you ail), veneration for the Divine Cornmantlmeats ?
persons who have assay,
strait waistcoats, some had locks; the lady,
whom she took aay, was double waistcoated, and
en most you be hart to see
b4rne false witness against their neighbour tilnowe , bad a. lock Which crossed the two wrists; and at
le impunity,—Have you any veneration for our Casse-i-orld bed a lock on her legs. Witness took the
.
sh,int.; on, for the Law of she Land? then wit' JO ' la y into the country;attended her forty-two weeks,
he.e„tjcshortukvorh
..v, trwmph._sirre ime.e." when idie ants nearly wells she was at Plaintiff's
usi
sentimentl of lopitly, any regard fc;r truth anti ; boo, on itts 30th of September for the last time;
Mr, ally moral, any social feting I theri must yea there were thee Ave ladies.
feel on this occasion. He whe is Insensible bare, Mr.Massayas objected to the giving any evidence
can have no notion beyond grOss self-interest. Cor. ,of wind happened on the 30th of September, he-
ruption must ha% e contaminated his very
soul: he,, catfast•theAleetaration was of Faster Term; and un-
can have no spark of manly independence In his be 4 less the Plaintiff could prove that the writ issued be-1
sons. Are ou such men ? No. 1 know
ante ere, fore, .not within six months, the time specified by
not, and therefore I trust that you will not be silentthe Act, within which time the action must be
i
on this occasion ; you will exhort, implores anfrep,.l brought.
treat, in terms, of loyalty awl affection, both Pencil Lord Euzzactaounfa.—The conversation with
andl'erliaineet topriSserve the justice of the cciun-
1
try from Ming into obloquy and Contempt. To 'tell 1 that he must understand that the Mr. Roberts was on the 24th of February, and from
ell house was then full
, of lunatics; the condition of the house on the 30th
you, Freeholders of Berkshire! that there is nod
of September had also its relevancy, as showing its 1
in this affair hut a matrimonial squahble—a domestic ,
character.
dispute ; and that the Princess of Wails is °idyls
tresFatoperson, is to hold forth to psis the laming" I .S. Smithson.—Some of the ladies had waistcoats
•of folly and insult. There are public interests em. en ; all were treated as lunatics. When Dsfendant
' daugered by this grievous wound inflicted upon the was engaged, the ladies were secured. One was
'
justice of the country, compardouble-waistcoated ; had her hands locked, and.was
compared to which, the indi-
i iidual interests of the first personages in the kingt. ' tied to a very large chair.
dem are as. nothing. Those public interests it is your I Lord ELLENBOROUGR.--It must be supposed that
dirty to adhere to solely, and to detach them in your 1 they were restrained in such away as it is necessary
own minds, as-,well as in your public Resolutions, i such unfortunate persons should be.
from all objects of private consideration.—l retell The The ATTORREY•GENVIAL said, he examined in
&c. order to show that those ladies were improperly re-
"-Annuaire, June 4. ?IMO rHY TRUEMINN. strained, in consequence of the want of proper at.
tendance.
S. Smithson.—That was the case.
Lord ELLENIOROGOR.—The question of cruelty
ought not to be mixed with the present question,
which was merely a civil action for the breach of an
Act of Parliament. If any cruelty had been exer-
cised, it was the subject of a distinct Indictment.
S. Smithson did not call afterwards at Defendant's,
in conseqemice of a disagreement arising from her
thinking that she had not been sufficiently reWarded
for her attendance on the lady.
The writ was then put in, dated March l', 1813.
Mr. kl ARRTAT said, the appointment of Dr. Budd
had not been read, so the entry in the book not be-
ing a record, his election must be proved:
hl r. Roberts and Dr. Powell proved that Dr. Budd
had exercised the office of Treasurer in several in-
stances. This evidence, together with the entry in
the annals, Lord Ellenborought thought sufficient
Mr. MARRYAT then objected that the suit was to
be commenced in the name of the Treasurer, by or-
der of the President.
The order of Sir F. Millman, the President, to
commence the action, was proved by Mr. Roberts,
who also proved that Sir F. Millman had acted as
President, and his appointment Mss read out of the

LAW INTELLIGENCE.

COURT OF KINO's R-. wittigisrrea, Joni It

BUDD V. T9ULICI,

Tlit-kemnurne.G an AL gilt • that this action
was brought by the Plaintiff, as Treasurer of the
College of-Physicians, to recover a penalty of 5001.
from the 'Defendant, for keeping, in her house, more
than one Lunatic, she not having a licence from the •
Commissioners appointed by the 14th Geo. 111. cap."
49. As the law now stood, with the exception of
the great public charities, :to house could be kept
for the reception of lunatics, without the guards
established by that Act. They were under the Nu-
perintendance of the College of Physicians, liable to
be visited by members of that learned body, appoint-
ed for that eurpose, and no lunatics could be re-
ceived without the certificate from a physician. fie
[ thought-the public even much indebted to the College,
ter having commenc'd this action. It was their duty
,-to bring it ; and he did tint doubt but the Jury would
he happy in enforcing this salutary Act by their ver-
; diet. This action was not brought by a common in-
former, who was too ynerallya depraved and idle
man, who merely brought an action for his private
1 advantage ; but it was brought by that Learned
! Body, kir the public good, anti the penalty would go
to the funds of that body, and not to the emolument
of any individual. It might be said, that the De-
fondant had not the means of paying so largeli pe.
salty, bat so salutary a law ought not to become a
dead letter, :sod it ohs at this period most necessary
to enforce it, for he was sorry to say, that the keep-
' ing of unlicensed houses for the reception of lona.
tics had become quite a trade in the environs of the
metropolis, and in them he feared that many persons
were lotted up, who ought not. He had been told
that a person at the head of oar public hospitals
"mired the house, recommended the patients, and re•
ceived the profits. No person could. lawfully -keep
a house for the reception of lunatics, without it
_.lie woeltlproer,, by a female wittiest,,
had been called in to take care of a lady Lei lea-
' sound mind, that three • unfortunate lunatics were
couined in Defendant's house. And how were they
..itreated ? Not as in thegreat public institutions, sop-
petted by the band of charity, where those, unfortu-
nate beings were supplied with every comfort, com-
patible with their unfortunate situation ; but, as
might be expected in a habitation, where the only
object was to make as much money by their resi-
dence as possible, these three unfortunate ledies were
fastened to a table with strait waistcoats upon them,
unable to lift their hands to wipe their mouths,when-
ever the mistress was engaged is the business of her
house, or whenever she might choose to go of to
take the-air. How many unfortunate persons sought
be placed in the same dreadful situation, it weelm-
possibleto say.. Unless the Jury would do their duty,
in vain had the Legislature enacted the safeguard of
visitorsin vain that Court graikt a writ of Habeas
Corpast—in vain was a certificate required, it any
troubleteme relation might be dragged to Good
these unliCensed houses, whiels, from being unknown,
could ant be the object of any of those restraints.
Mr. Roberts, Solicitor to the College, prodeeed
the book of annals. and proved the hand-writing of
Dv. Harvey, the Registrar, to the appointment of
Plaintiff, as Treasurer.
Dr. Powell, Secretary to the Cominiesionere for
licensing houses for the reception of lunatics, 'proved
that normal had bees `tatted to the Defiant

book of annals.
Mr. MARKYAT saki, it might be a question, who=
Cher the action was brought against the proper per-
son ; but he rejoiced that this action had been brought,
as it would notify to the public, that such an Act
exists, for this was the first action,that had been
brought upon it. lie therefore thought, that the
public would be benefited, and the College deserved
to be praised for bringing the action. That the pe-
oalty had been incurred, the,evidence of Mr. Ro-
berts had put beyond a doubt ; but the question was,
who was the person to be sued? The person to be
ailed was the person really keeping the house, and
.the action would not lie against a servant, not even
an upper servant. By the evidence 'of I. Smithson,
it appeared, that Mr.bunstan was the owner.
Lord ELLernsoaouott.—T.The Act, says, " If any
person- shall, upon *ny pretence iAtatseitvev,. tint-
ceal, harbour, entertain, or tontine in any house;"
should therefore hold, that any person having the
management of such house was liable.
Mr. MAlLRYAT.—Supposing that she was merely
the servant of Dunstan, would she still be liable?
Lord Eu.straottoocu did not say if she were
merely the servant, but, if she had the management,
he should hold her liable. -
-
Lord ELLENeottonon, inlis-charge to the Jury,
declared, that this action was brought on a very
wholesome statute; that the indigence of the of:
fender had nothing to do with the case, as the law
was 'positive, and unless the penalties were high, the
law would be nugatbry. The advantages of the Act
were apparent, for otherwise &person might be car-
ried Tway to a- mad-house, and be deprived of the ad=
vantage of visitation ; for the house could not be 1
open to visitation, unless knowledge of such house
were conveyed to the Commissioners, by means of a
licence. The Jury bad no-right-to presume that any
cruelly had been exercitsed, sad be hoped there bad
not been any. Bet the law had aid, that any per.'
sou concealing more thin one lunatic, should be',
Habit to a penalty of 5011. It was, therefore,, the
absolute duty of the College to bring the action, as
it was the duty of him and. the Jury to giVe effect
to the law. He bad looked with treat anxiety to
see that the CMS wii Oka) tad N tkevOt It was
far ptsved.

7

'l'"P.:

THE STATIOdAIf•
reign most ortehett. Mr. swore, that he went . Defmglant's
Ills that the ot hone id Ivy • 'atom, tiftatof" St. Leo.
ed; according to tide nerd, Sb - Oh the 24tie of leibitary, 1513 ;
ve a (Jr.w. to mein he said nt that he believed she received
she said shndid. lie asked if she had
rereign who holds atit loiseile '
return,. b , PA
r ltrt TOPM ‘;: said she hid nett Ili she weld Anly
* jggi
never indite* lb 0401406• Shit reeLloughw only hereilf and'inaid to
qweit W911A., fer.,(opel leek law i• asked If she thought` that She
Ise had itiu Ii power should secht liege a vecansi; shd said she- thought
n.*
the power of aging to:, 40 Aboold. said be would call again*. 'O
he &who' great dpi-1 s4r of Mart he calked-again ; she recollected
that can gratify Iris 1 and said she had no Vacancy. He asked how she
them in return,
is no i cinin to keep -such a.house without licence.
• She
to. do as a Reid man, I was much . confused, and said she could not i'ord
meriting in justice to 1 toper for a licence, which was 101.: he Said she
trice to himself,—it is kbad incurred a penalty of 5001. end served her with
rhp night of both Goo process : she said' she was not worth that sum,