§ LORD HERSCHELL,in rising to ask the Lord Chancellor "whether his attention has been called to the letter of Dr. Percy Smith in the British Medical 1725 Journal of 19th July, exemplifying the difficulty now frequently experienced in finding Magistrates to undertake the required duties of certifying lunatics, and the hardship thus inflicted on lunatics and their relatives; and whether he will consider what measures can be taken to lessen as far as possible the inconveniences thus arising, "said: My Lords, I have to call the attention of my noble and learned Friend to a somewhat important matter connected with the working of the Lunacy Act. Complaints are made that there is a difficulty experienced in finding a Justice of the Peace, whose act is necessary for the purpose of completing the requirements of the Act in reference to the detention of lunatics. My attention has been called to a particular case where, a lunatic having been admitted into Bethlehem Hospital under an urgency order, it became necessary, in order to comply with the requirements of the Act, and to justify the continued detention of the lunatic, to obtain the necessary documents from a Justice of the Peace. The relations of the lunatic endeavoured to comply with the Act. There were four Justices, I believe, in the district, who were qualified in the manner provided by the Act to act in lunacy matters. Three of them were absent; and the fourth declined to act, and, I believe, suggested a visit to the stipendiary. A visit was made to the stipendiary, and in this particular instance correctly enough he stated he was unable to do what was required of him in the absence of the petitioner. Bat in many cases I am informed the stipendiaries decline to exercise this jurisdiction under the provisions of the Act, which enables them to do so, if, as I understand, it is inconsistent with their ordinary duties. The result is that in cases of unquestioned lunacy the unfortunate relations of the lunatics are driven from one place to another endeavouring to find a Justice of the Peace who can perform the functions required of a Justice under the Act, and a very considerable amount of trouble, annoyance, inconvenience, and difficulty is entailed, which I am quite sure my noble and learned Friend will feel it is desirable to avoid as far as possible in the case of persons who are often sufficiently distressed at being compelled 1726 to part with those who are dear to them. I, therefore, desire to ask my noble and learned Friend whether he will inquire into the matter, in order to see what steps can be taken by which those inconveniences can be mitigated as far as possible.
§ * THE LORD CHANCELLORI have had information from various quarters that some difficulty has been experienced in obtaining judicial authority for reception orders in cases of lunacy. The Act, which made a very considerable change in the law, has only been in operation for three months, and some difficulty was reasonably to be expected at first. So far as it has arisen from insufficiency in the number of justices oppointed. I have no doubt that at the meetings of justices at Michaelmas the appointments for next year will be made in the light of the experience which has been obtained. The allegation that Stipendiary Magistrates have manifested a disinclination to carry out the duties entrusted to them by the Statute is a serious one, which must necessarily engage the attention of the Home Office. It would be the Home Office which would, in the first instance, make inquiry in that direction, but I think there must be some misunderstanding in the matter. The terms of the Act of Parliament are quite clear. I do not understand my noble and learned Friend to suggest any alteration of the law. The principle of having a Judicial Authority met with such general assent in both Houses of Parliament, and the details were so carefully considered, that it would be unjustifiable to raise any of the questions over again for some time to come. I think your Lordships may rely upon those who have the working out of the Act cast upon them to get over such difficulties as present themselves in the practical and cordial spirit to which we are accustomed in this country. I have no doubt that at the approaching Michaelmas Sessions the Magistrates will take care, as far as in them lies, that if any inconveniences are found, the deficiency will be supplied. My noble and learned Friend has called my attention to the letter which has given occasion for his observations. I cannot part with that letter without saying that the spirit in which it is written is not one which gives it much 1727 credit with me. My noble Friend, as well as myself, may perhaps be aimed at, as he and my noble and learned Friend Lord Selborne both had to do with the measure until I took charge of it, and finally passed it through the House. I can only say, as far as I am concerned, the suggestions made by Medical Authorities received the most careful attention. I received a deputation, including Sir Andrew Clark and other eminent persons, particularly in that line of medical? tudy, and their suggestions were not only listened to but many of them adopted at my instance. After the Bill had passed in this House, the Home Secretary also received more than one deputation on the subject. I cannot say, therefore, that this letter comes credited with a spirit of great candour on the part of the writer. But the subject certainly requires attention, and if the facts should turn out as they are represented, undoubtedly they are facts which ought to be dealt with, and I can only say they shall receive any attention I can give to them.