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ARGUED AND DETERMINED
THE POOR LAWS,
POINTS IN CRIMINAL LAW,
AND OTHER SUBJECTS
CHIEFLY CONNECTED WITH
The Duties and Office of Magistrates:
COMMENCING WITH MICHAELMAS TERM, 8 VICTORIÆ.
REPORTED PRINCIPALLY BY
PHILIP BOCKETT BARLOW, Esq., HENRY SELFE SELFE, Esq.,
HENRY JOHN HODGSON, ESQ. BARRISTERS-AT-LAW.
FORMING PART OF
VOL. XIV. OF THE NEW SERIES, AND VOL. XXIII. OF THE OLD SERIES,
THE LAW JOURNAL REPORTS.
Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLISHED BY E. B. INCE, 5, QUALITY COURT, CHANCERY LANE.
REPORTS OF CASES
THE DUTIES AND OFFICE OF MAGISTRATES:
MICHAELMAS TERM, 8 VICTORIE.
1844. Nov. 9. Pauper Lunatic-County Asylum.
THE QUEEN v. C. H. H. ELLIS.
When a county lunatic asylum has been established under 9 Geo. 4. c. 40. the Justices have no power, under section 38. of that act, to remove an insane pauper to a private licensed asylum, on the ground that the county asylum is too full to afford accommodation for the pauper.
On an appeal, in which the churchwardens and overseers of the parish of St. Luke, in the county of Middlesex, were appellants, and Charles Ellis, Esq., clerk of the peace of the said county, was respondent, against an order of two Justices for the said county, whereby the overseers of the poor of the parish of St. Margaret's, Westminster, in the said county, were ordered to cause Harriet Ellis, an insane person, to be conveyed to a house duly licensed for the reception of insane persons, in the county of Surrey, it appearing to the said Justices that there was not room or accommodation for the said Harriet Ellis in the county lunatic asylum established at Hanwell, in the said county of Middlesex, and against a certain other order, whereby the said Justices did adjudge the settlement of the said Harriet Ellis to be in the parish of St. Luke, in the county of Middlesex, and did order the overseers of the poor of the said parish of St. Luke to NEW SERIES, XIV.-MAG. CAS.
pay the sum of 6s. 6d., being the amount of the reasonable charges of conveying the said Harriet Ellis to the said licensed house; and also to pay to Peter Armstrong, the keeper of the said licensed house, the sum of 10s. per week, which payment the said Peter Armstrong was willing to accept, and the same appeared to the said Justices to be a reasonable charge for the maintenance, medicine, clothing, and care of the said Harriet Ellis, whilst confined therein; the Sessions quashed the said orders, subject to the opinion of the Court of Queen's Bench upon a case, the material facts of which were as follows:-At the time when the orders in question were applied for and made, there was a county lunatic asylum at Hanwell, for the county of Middlesex, which asylum then contained nine hundred patients, and was then quite full. When that asylum was first completed, under the provisions of the statute 9 Geo. 4. c. 40, it was capable of containing three hundred patients only; it was afterwards enlarged and altered from time to time, until it became capable of containing upwards of nine hundred patients; but it was proved before the Justices who made the order appealed against, that there was no room or accommodation for the said Harriet Ellis in the said county lunatic asylum when the orders were made. The above facts were admitted on both sides. When the appeal came on to be heard, the appellants insisted that since, in fact, there was a