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in newspapers, and other papers published in Calcutta; for the prevention whereof, it is deemed expedient to regulate by law, the printing and publication within the settlement of Fort William, in Bengal, of newspapers and of all magazines, registers, pamphlets, and other printed books and papers, in any language or character, published periodically, containing, or purporting to contain, public news, and intelligence, or strictures on the acts, measures, and proceedings, of government, or any political events or transactions whatsoever.'

"The reasons of the East India Company embrace the same facts and the consequent expediency and necessity of the regulation.

"The first reason commences"Because the said rule, ordinance, and regulation, was made by competent authority, and was rendered necessary by the abuses to which the unrestrained liberty of printing had given rise in Calcutta. The preamble of the said rule, ordinance, and regulation, states, that matters tending to bring the government of Bengal, as by law established, into hatred and contempt, and to disturb the peace, harmony, and good order of society, had recently, before the making thereof, been printed and circulated in newspapers, and other papers published in Calcutta.'

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Again, in the second reason"That the restrictions imposed by the rule, ordinance, and regulation, which is the subject of appeal, were called for by the state of affairs in the settlement of Bengal, and were adapted to the exigency of the case.'

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Again, in the fourth reason"The reasonableness of ordinances must depend upon the cir

cumstances and situation of the country to which they are applied.'

"I need not go through the addresses of counsel to show that the whole of their arguments in favour of this regulation are founded upon the fact, as stated in the preamble, of their expediency and necessity from the local circumstances and the exigency of the state of affairs at Calcutta; and I respectfully presume that his majesty in council approved of the regulation for the same reasons, no others having been urged, and, in particular, upon the ground that the preamble of the regulation reciting such exigency was not traversable or questionable.

"But what is the preamble to the regulation which is now proposed to be registered in the Supreme Court at Bombay? Is there any recital of matters 'tending to bring the government of this country, as by law established, into hatred and contempt, having been printed and circulated in newspapers and other papers published in Bombay?' Nothing of the kind-the preamble merely recites, that a certain regulation had been passed in Calcutta for the prevention of the publication of such matters. Is it the fact that such matters have been published in the Bombay papers? Can a single passage, or a single word, 'tending to bring the government of Bombay into hatred and contempt'can a single stricture, or comment, or word, respecting any of the measures of government, be pointed out in any Bombay paper?

"How, then, without such necessity as is stated in the preamble to the Calcutta regulation, can it be expected that, even were the Supreme Court to consent to register it, and an appeal were pre

ferred, it would be confirmed by his majesty in council? Where would be the reasons of the Court of Directors in favour of it? Where would be the arguments of counsel in support of it?

"Suppose an act of parliament passed to suspend the habeas corpus act in Ireland, on account of treasonable practices in that country; in such case, evidence of such practices would be laid before committees of the two Houses of Parliament before the act was passed, and the act would also recite them, as the Calcutta regulation recites the evils which it was intended to

remedy. But would the fact of such act having been passed for Ireland justify a motion to extend it also to England, without any evidence of any such treasonable practices; nay, when it was well known that there were no such, or any, circumstances to call for it, and with a mere recital of the habeas corpus act having been suspended in Ireland, as the present proposed regulation merely recites that the same regulation had been passed at Calcutta?"

The final judgment of the court was-regulation disallowed.

PUBLIC DOCUMENTS.

I-DOMESTIC.

REPORT ON PAUPER LUNATICS.

THE select Committee appointed to inquire into the state of the Pauper Lunatics in the county of Middlesex, to consider the propriety of extending the provisions of 14 Geo. 3rd, c. 49, to pauper lunatics, and of the consolidation of all acts relative to lunatics and lunatic asylums, and of making further provisions relative thereto, have, pursuant to the order of the House, considered the subject to them referred, and agreed to the following Report:

In the course of their inquiry into the state of the pauper lunatics of the county of Middlesex, the attention of your committee has been particularly directed to the treatment of the male paupers of the parishes of Marylebone, St. George, Hanover-square, and St. Pancras, who have been or are confined in the White House at Bethnal-green, belonging to Mr. Warburton. The evidence thereon is specially submitted to the consideration of the House.

From the registers of the visiters appointed by the college of physicians, and from other testimony, your committee might infer, that however great its defects may be,

Mr. Warburton's establishment has hitherto been considered as good as the generality of licensed houses where paupers are received in the neighbourhood of the metropolis; but if the White House is to be taken as a fair specimen of similar establishments, your committee cannot too strongly or too anxiously express their conviction, that the greatest possible benefit will accrue to pauper patients by the erection of a County Lunatic Asylum.

The select committee of 1815 called the attention of the House to the following abuses in the management of the houses for the reception of lunatics :

"1. Keepers of the houses receiving a much greater number of persons in them than they are calculated for; and the consequent want of accommodation for the patients, which greatly retards

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are outrageous, with those who are points may more properly be conquiet and inoffensive.

"4. The want of medical assist ance, so applied to the malady for which the persons are confined.

"5. The detention of persons whose minds do not require confinement.

"6. The insufficiency of the certificates on which patients are received into madhouses.

"7. The defective visitations of private madhouses, under the provisions of 14 Geo. 3rd, c. 49."

The evidence taken before your committee leaves no doubt that these observations are still applicable to licensed houses where paupers are received in the neighbourhood of the metropolis, and they are apprehensive that similar abuses elsewhere prevail, as no improvement has taken place in the law. It has been clearly established in evidence, that there is no due precaution with respect to the certificates of admission, to the consideration of discharge, or to the application of any curative process to the mental malady. Your committee therefore repeat, adopt, and confirm, the recommendations of the committees of 1807 and 1815; and they trust that every effort will be made during the recess, by all persons concerned in the control and management of their establishments, to improve the condition of the unfortunate lunatics committed to their charge; and they further recommend, that legislative measures of a remedial character should be introduced at the earliest period of the next session. They have, therefore, in consequence, prepared a series of propositions, which they beg to offer as the basis of future legislation. Your committee have purposely omitted any statement of fines and penalties, conceiving such

sidered when any bill or bills shall be introduced.

Your committee are aware that some expense may be incurred by the system of visitation they recommend, but the appropriation of the fees on licences (which might perhaps be increased), and fines levied, would defray a considerable part of such expense; and your committee confidently anticipate, that the additional sum required will not be considered of importance when compared with the great and practical benefits to be derived from an extended and improved system of regulating and visiting lunatic asylums.

1.-That it is expedient to repeal the acts of 17 Geo. 2nd, c. 5. s. 20 and 21; 48 Geo. 3rd, c. 96; 51 Geo. 3rd, c. 79; 55 Geo. 3rd, c. 46; 56 Geo. 3rd, c. 117; 59 Geo. 3rd, e. 127; 5 Geo. 4th, c. 71; 39 and 40 Geo. 3rd, c. 94. And to consolidate into one act of parliament the provisions of the same, and to make such further provisions as will facilitate the erection of county lunatic asylums, and improve the treatment of pauper and criminal lunatics.

2. That it is expedient to repeal the acts of 14 Geo. 3rd, c. 49; 19 Geo. 3rd, c. 15; 26 Geo. 3rd, c. 91, and that an act of parliament should be passed, under the provisions of which all houses for the reception of insane persons, except county pauper lunatic_asylums, St. Luke's, and Bethlem hospitals, shall be licensed and regulated; and that the following provisions should form the groundwork of such act.

3.-That it is expedient that the Secretary of State for the Home Department do, on the day of in every year, by an instru

ment under his hand and seal, appoint persons, of whom not less than five shall be police magistrates, together with five physicians, to be visiters within the cities of London and Westminster, within seven miles thereof, and within the county of Middlesex; and that the Secretary of State for the Home Department do appoint a clerk to attend such board of visiters, and to record their proceedings.

4. That such visiters do meet at least four times in each year, and at such meetings the said visiters (five to be a quorum, two of whom at the least to be magistrates) shall, if they think fit, grant licences to all persons requiring the same, for keeping houses for the reception of two or more lunatics, within the cities of London and Westminster, and within seven miles thereof, and within the county of Middlesex, such licences to be for one year from the date thereof; and that in case the said visiters shall think fit to refuse any licence so applied for, they shall state their reasons in writing, and deliver a copy of such reasons to the person so applying.

5. That in other parts of England and Wales, the magistrates assembled in quarter sessions shall, if they think fit, grant licences, such licences to be for one year, to all persons requiring the same, for keeping houses for the reception of two or more lunatics in their respective counties; and that the clerk of the peace or his deputy in each county shall act in the same manner within his county as the clerk to the board of visiters within the cities of London and Westminster, within seven miles thereof, and within the county of Middlesex, and that in case the

justices of quarter-sessions shall think fit to refuse any licence so applied for, the reasons of such refusal or suspension shall be delivered in writing to the party applying.

6.-That previous to the granting of any such licence, the person requiring the same shall give one month's notice in writing to the clerk of the said London visiters, or the clerk of the peace, or his deputy (as the case may be), accompanied by a plan of the house proposed to be licensed, which plan shall be afterwards deposited with the clerk of the visiters or clerk of the peace; and the proprietor, if licensed, whenever he shall make any alterations in his house, shall transmit an amended plan of the same, containing all such alterations laid down thereon, to the clerk of the said London visiters, or clerk of the peace, or his deputy, as the case may be.

7. That previously also to the granting of any such licence, three at least of the said London visiters (one of whom shall be a magistrate), or if not in London, &c. any two magistrates resident in the neighbourhood, and a physician, or surgeon or licensed apothecary, shall visit such house, and shall report to the board of London visiters or court of quarter-sessions, as to the fitness of such house for

the reception of lunatic patients, the number which it is capable of containing, and its conformity to the plan delivered.

8.-That every person concerned and interested in the house to be licensed shall be named in the licence, and shall be responsible for the management of such house; and that one person so interested shall be actually resident in such house, if it contain fifty patients,

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