292 ANNUAL REGISTER, 1813. 



the guards established by that act. 

 They were under the superinten- 

 dance of the college of physicians, 

 liable to be visited by members of 

 that learned body appointed for 

 that purpose, and no lunatics could 

 be received without the certificate 

 from a physician. He thought the 

 public even much indebted to the 

 college, for having commenced this 

 action. It was their duty to bring 

 it : and he did not doubt but the 

 jury would be happy in enforcing 

 this salutary act by their verdict. 

 This action was not brought by a 

 common informer, who was too 

 generally a depraved and idle mar>, 

 who merely brought an action for 

 his private advantage ; but it was 

 brought by the learned body, for 

 the public good, and the penalty 

 would go to the funds of that body, 

 and not to the emolument of any 

 individual. It might be said, that 

 defendant had not the means of 

 paying so large a penalty, but so 

 salutary a law ought not to become 

 a dead letter, and it was at this 

 period most necessary to enforce 

 it, for he was sorry to say, that 

 the keeping of unlicensed houses 

 for the reception of lunatics had 

 become quite a trade in the envi- 

 rons of the metropolis, and in them 

 he feared that many persons were 

 locked up, who ought not. He 

 had been told that a person at the 

 head of our public hospitals owned 

 the house, recommended the pa- 

 tients, and received the profits. No 

 person could lawfully keep a house 

 for the reception of lunatics with- 

 out a license. He would prove, 

 by a female witness, who had been 

 called in to take care of a lady in 

 an unsound mind, that three un- 

 fortunate lunatics were confined in 

 defendant's house. And how were 



they treated ? Not as in the great 

 public institutions, supported by 

 the hand of charity, where those 

 unfortunate beings were supplied 

 with every comfort, compatible 

 with their unfortunate situation ; 

 but, as might be expected in a 

 habitation, where the only object 

 was to make as much money by 

 their residence as possible, these 

 three unfortunate ladies were fast- 

 ened to a table with strait waist- 

 coats upon them, unable to lift 

 their hands to wipe their mouths, 

 whenever the mistress was engaged 

 in the business of her house, or 

 whenever she might choose to go 

 out to take the air. How many un- 

 fortunate persons might be placed 

 in the same dreadful situation, it 

 was impossible to say. Unless the 

 jury would do their duty, in vain 

 had the legislature enacted the safe- 

 guard of visitors — in vain might 

 that court grant a writ of habeas 

 corpus — in vain was a certificate 

 required, if any troublesome rela- 

 tion might be dragged to one of 

 these unlicensed houses, which^ 

 from being unknown, could not be 

 the object of any of those re- - 

 straints. 



Mr. Roberts, solicitor to the col- 

 lege, produced the book of annalsy 

 and proved the hand-writing of 

 Dr. Harvey, the registrar, to the 

 appointment of plaintiff, as trea- 

 surer. 



Dr. Powell, secretary to the 

 commissioners for licensing houses 

 for the reception of lunatics, proved 

 that no license had been granted 

 to the defendant. 



Mr. Roberts swore, that he went 

 to defendant's house in Ivy-lane, 

 Hoxton, in the parish of St. Leo- 

 nard Shoreditch, on the 24th of 

 February, 1819; he said to de* 



