§ (The Lord Chancellor.)
§ (NO. 34.) REPORT.
§ Amendments reported (according to Order).
§ THE LORD CHANCELLOR (Lord HALSBURY)
, in rising to move that the Report of the Amendments be agreed to, said, that in order to meet the views which had been expressed on a former occasion by his noble and learned Friends (Lord Selborne and Lord Herschell), he proposed to amend Sub-section 11 by inserting a provision into it, to the effect that where a person had been sent to an asylum or a private house, and had not been visited by a County Court Judge or a magistrate having jurisdiction at the place where he was confined within seven days after the commencement of such confinement, the person confined should have a right to be seen by any County Court Judge or any magistrate having any jurisdiction whom he should designate.
§ Moved, "That the Report of Amendments be agreed to."—(The Lord Chancellor.)
§ THE EARL OF SELBORNE
said, he objected to the proposed alteration, on the ground that it did not carry his view into effect, which was that where the lunatic was within the same jurisdiction, the magistrate who made the order should see him. In other cases, it seemed to him that it would be very unfit that the lunatic should choose the magistrate by whom he was to be seen.
§ LORD HERSCHELL
said, he also objected to the Amendment on a similar ground. The duty proposed to be cast upon a magistrate was an invidious one, and he thought many magistrates would sooner resign their commissions than perform it. There would be great difficulty in securing the attendance of any particular magistrate or County Court Judge at any particular time. What 1706 would be the result if the particular magistrate designated by the lunatic, although having jurisdiction in the district, happened to be residing in London for some months in the year?
§ LORD HALSBURY
said, he was prepared to accept any other words which the noble and learned Lord might suggest, his only object in making the Amendment being to meet his views and those of the noble and learned Lord (the Earl of Selborne).
§ THE EARL OF SELBORNE
said, that on the third reading he would move as an Amendment that the magistrate who made the order should be the person who visited the lunatic, when he was still within that magistrate's jurisdiction.
§ Motion agreed to.
§ Further Amendments made.
§ Bill to be printed, as amended; and to be read 3a on Thursday next. (No 49.)