§ House in Committee (according to order).
§ LORD MONTEAGLEdrew the attention of their Lordships to a dictum which was said to have fallen from a high legal functionary (the Lord Chief Baron), in relation to a late lunatic case as a lunatic. 819 It was this—that no one is justified in placing in custody any person who is not dangerous to himself or others. That dictum had created great surprise among those who had heard it; for everybody must be aware that the great majority of persons detained in custody in lunatic asylums were no more dangerous to themselves or others than any of the noble Lords whom he was addressing. Not only would great inconvenience arise if this were the state of the law, but great cruelty and inhumanity would be certain to be the consequences of it; for, to any one acquainted with the nature of lunacy, it was well known that all chances of recovering from it were connected with the early treatment of it. In its early development, the curative process was most efficient; whereas if you withheld that process till the malady became inveterate, the probability was that the process would not be curative. The evil consequences of this state of the law, if law it was, were already manifesting themselves in many hospitals and lunatic asylums. Since the publication of this opinion of a learned Judge, many notices had been given by parishes that they would not be answerable for the expenses of pauper lunatics, except where they were dangerous to themselves or others. He prophesied that in the interval between the close of the present and the commencement of the next Session, there would be many actions commenced by speculating solicitors, which would lead to the most distressing results. If the law were such as this high legal functionary had stated to be, he would undertake to say that there was not a single establishment in the country for the relief of lunacy which was not carried on contrary to law. Great confusion would ensue, and it was on this ground that he took the liberty of mentioning this matter. There was a letter on this subject addressed to the Lord Chancellor by the Chief Commissioner of Lunacy, pointing out all these inconveniences, and he hoped that that letter would be laid upon the table before the next reading of this Bill.
LORD BROUGHAMobserved, that this subject was one of great importance, and thanked his noble Friend for bringing it thus prominently forward. It was, however, idle for their Lordships to say anything upon it now, as the subject was still sub judice, and their Lordships might have to decide upon it in their judicial capacity. It was clear to him that, if the 820 learned Judge had really stated upon the trial what he was represented to have stated, there must be a motion for a new trial; it could not be avoided. He had no doubt that everything which ought to be done had been done in the administration of justice, and that the account which his noble Friend had quoted must be inaccurate. He could not conclude, however, without recommending speculating attorneys to bring no actions upon this dictum; for, if they did, they certainly would have their own costs to pay. Nothing, however, could be done in the matter till next Michaelmas term.
§ Bill reported, without amendment.