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REPORTED PRINCIPALLY BY
GEORGE MORLEY DOWDESWELL, 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.
REPORTS OF CASES
THE DUTIES AND OFFICE OF MAGISTRATES:
MICHAELMAS TERM, 8 VICTORIÆ.
THE QUEEN 0. C. H. H. ELLIS.
pay the sum of 6s. 6d., being the amount Nov. 9.
of the reasonable charges of conveying the Pauper Lunatic-County Asylum.
said Harriet Ellis to the said licensed house;
and also to pay to Peter Armstrong, the When a county lunatic asylum has been keeper of the said licensed house, the sum established under 9 Geo. 4. c. 40, the Jus- of 10s. per week, which payment the said tices have no power, under section 38. of that Peter Armstrong was willing to accept, and act, to remove an insane pauper to a private the same appeared to the said Justices to be licensed asylum, on the ground that the a reasonable charge for the maintenance, county asylum is too full to afford accommo- medicine, clothing, and care of the said dation for the pauper.
Harriet Ellis, whilst confined therein ; the
Sessions quashed the said orders, subject to On an appeal, in which the church wardens the opinion of the Court of Queen's Bench and overseers of the parish of St. Luke, in upon a case, the material facts of which were the county of Middlesex, were appellants, as follows:-At the time when the orders and Charles Ellis, Esq., clerk of the peace in question were applied for and made, there of the said county, was respondent, against was a county lunatic asylum at Hanwell, an order of two Justices for the said county, for the county of Middlesex, which asylum whereby the overseers of the poor of the then contained nine hundred patients, and parish of St. Margaret's, Westminster, in was then quite full. When that asylum was the said county, were ordered to cause Har- first completed, under the provisions of the riet Ellis, an insane person, to be conveyed statute 9 Geo. 4. c. 40, it was capable of to a house duly licensed for the reception of containing three hundred patients only; it insane persons, in the county of Surrey, it was afterwards enlarged and altered from appearing to the said Justices that there was time to time, until it became capable of connot room
or accommodation for the said taining upwards of nine hundred patients ; Harriet Ellis in the county lunatic asylum but it was proved before the Justices who established at Hanwell, in the said county made the order appealed against, that there of Middlesex, and against a certain other was no room or accommodation for the said order, whereby the said Justices did adjudge Harriet Ellis in the said county lunatic asythe settlement of the said Harriet Ellis to lum when the orders were made. The above be in the parish of St. Luke, in the county facts were admitted on both sides. When of Middlesex, and did order the overseers the appeal came on to be heard, the appelof the poor of the said parish of St. Luke to lants insisted that since, in fact, there was a New SERIES, XIV.-Mag. Cas.