Chancery Lunatics
We have before us a pamphlet, entitled ” A Letter addressed to the Committee of the House of Lords, sitting on the Masters Jurisdiction, 8fc.,” signed, “A Suitor in Chancery,” dated “Bath, July 28, 1851.” As this document only reached us just as we were going to press, we are prevented from making any comments either upon the facts it contains, or the deductions and suggestions of the writer. We can only, in this number of our Journal, make one or two extracts from the pamphlet. In referring to appointments of ” committees to the person” of Chancery lunatics, the author observes:
” The extent of this patronage may be surmised by a reference to the Parliamentary Paper, No. 505 of this year. “In 1843 the Masters had to appoint 28 Committees. 44 ,, ,, 30 45 46 47 48 49 20 23 31 18 30 180
“All the cognisance taken by the Court of Chancery of the money entrusted to Committees will be understood by the following extracts from the annual accounts of the Committee of the Estate of two different lunatics.
“’ Retained for the Committee of the person, on account of twelve months’ maintenance, at the rate of ?374 per annum: ” ‘ From the 1st of February, 1850, to January 30, 1851 . ?374 0 0 “’ Pocket money, at the rate of ?20 per annum …. 20 0 0 “’ For clothes, at the rate of ?30 per annum 30 0 0 ?424 0 0’ ” But not a single voucher of this expenditure is produced, although applied for when appearing before the Master, and whether the whole or half the money is laid out, is not inquired into. Again, in another case: ‘ Retained on account of two years’ maintenance, from November, 1848, to November, 1850, at the allowance of ?400 per annum … ?800 0 0’ ” The same Parliamentary paper shows that to these persons an income of ?65,000 was intrusted in various amounts for the care of thel80 persons made lunatic wards of Chancery during that period.”
When speaking of the power possessed by the ” Committee” over the locus in quo of the Chancery lunatic, our author remarks:?
” These individuals possess an authority greater than that of a father over an infant, for, as I already stated, they render no pecuniary account of what they disburse to any earthly being, not even to the court which appointed them, while the extent of liberty or restraint is solely with them?they can send the invalid to any asylum they please, without con- sulting the heir at law, or the Lord Chancellor’s visitors in lunacy; they can keep him in the house of a medical man objected to by the invalid himself, as well as by his nearest relatives,?they go further,?they clothe him as they please?they dole out, according to their liberality, the few shillings he may solicit permission to disburse, or be allowed out of his fortune, and as they have the selecting of the persons by whom the invalid is surrounded, they control a mass of evidence which enables them, under the plea of its producing excitement, to discard relatives from the house of the invalid, to prevent him seeing his friends, or to have any communica- tion, even by letter, with any of them; they refuse him permission even to go to the house of a brother, when that brother is willing to receive him, nor has the master any power to grant the wishes of the lunatic against the fiat of the committee. It can only be obtained by petition to the Chancellor.”
Can the following statement be verified 1 If so, the matter requires looking into.
” Few of the committees disburse more than tioo-thircls of the allowance for maintenance on the invalid intrusted to their care, many of them less, and none ever restore these victims to the society from which they were intended only to be temporarily removed. Of the 537 Chancery lunatics, 238 are placed by the committees of the person in lunatic asylums, others in private residences. A few only are living with their relatives or friends.”
The following returns will give an insight of the number of Chancery lunatics?the vast and annual amount of their real property?the allow- ances granted to committees for their maintenance?and the number of tliose who have been made lunatic wards of Chancery, but whose fortunes were not ascertained, and the allowance for maintenance fixed.
Number of Wards of Number of Arrears of those Chancery, whose Incomes whose allowances were not Years. are known. fixed by the Court.
1832 386 43 1833 …… 399 48 1839 494 61 1849 531 39 Return, dated 5th June, 1832 (the first of the Returns to Parliament), of the number of Lunatics confined under the authority of the Lord Chancellor.
109 lunatics whose property amounts to less tlian ?200 per annum each: Total aDnual amounts of such property ?11,210 14 3 23-1 lunatics whose property amounts to ?200 each per annum and upwards:
Total annual amounts of such property 204,404 14 7 43 lunatics whose income is not ascertained ?275,075 8 10 380 A Return, (dated 7th March, 1833,) made up to the latest possible period, of the Number of Lunatics confined under the authority of the Crown, and of the Total Amount of their Annual Incomes. There are 399 lunatics, confined under the authority of the Crown, the total of whose annual incomes amounts to ?209,158 1 9 Of which number there are:
57 who individually have less than ?100 per annum, and whose incomes amount to 3,254 11 !) 01 who have ?100, and less than ?200 per annum, and whose incomes amount to 8,075 2 0 50 who have ?200, and less than ?200 per annum, and whose in- comes amount to 12,130 0 3 31 who have ?300, and less than ?400 per annum, and whose in- comes amount to 10,050 15 10 152 who have ?400 per annum and upwards, and whose incomes amount to 235,047 11 11 and 48 whose incomes are not ascertained. ?209,158 1 9 9 Return to an Obder of the Honourable House of Commons, (dated 21st Feb., 1839.) Returns made up to the latest possible period of the number of Lunatics against whom Commissions of Lunacy are now in force, and of the Total Amount of their Annual Incomes, and the Total Amount of the Sums allowed for their Maintenance. Income. Maintenance.
80 Persons who individually have less than ?100 per annum, and whose incomes amount to ?1,054 15 10 And the total of the sums allowed for their maintenance to ?1,032 0 4 83 Who individually have more than ?100, and less than ?200 per annum, and whose in- comes amount to 11,702 10 9 And the total of the sums allowed for their maintenance to 8,900 5 4 CHANCERY LUNATICS. G33 Income.
98 Who individually have more than ?200, and less than ?400 per annum, and whose in- comes amouut to ?20,507 C 1 And the total of the sums allowed for their maintenance to 49 Persons who individually have more than ?400, and less than ?000 per annum, and whose incomes amount to 24,700 9 1 And the total of the sums allowed for their maintenance to 4G Persons who individually have more than ?000, and less than ?1000 per annum, and whose incomes amount to … . 30,195 13 7 And the total of the sums allowed for their maintenance to “”
71 Persons who individually have more than ?1000 per annum, and whose incomes amount to 174,170 11 11 And the total of the sums allowed for their maintenance to Of the 494 persons above mentioned, many are recent cases, and the number where the fortune is not yet ascertained, and the allow- 01 ance for maintenance fixed, is 01 494 - ?277,991 13 3 20 June, 1839.
Maintenance. 20,728 4 & 17,451 8 7 25,704 7 0 91,551 14 ? ?109,388 0 &
Return to an Order of the Honourable tlie House of Commons, (dated 28th August, 1848.) Returns, made up to the latest possible period, of the Number of Lunatics against whom Commissions of Lunacy are now in force, and of the Total Amount of their Annual Incomes, and the Total Amount of the Sums allowed for their Maintenance, (in continua- tion of Parliamentary Paper, No. 78, of Session 1839). Income.
There are 531 persons against whom com- missions of lunacy are now in force, the total of whose annual incomes amounts to ?333,781 8 11 And the total of the sums allowed for their maintenance to 94 Of the above there are 94 who individually have less than ?100 per annum, and whose incomes amount to 5,594 G G And total amount of the sums allowed for their maintenance to 100 Who individually liave more than ?100, and less than ?200 per annum, and whose incomes amount to . . , 15,17G 11 10 And the total of. the sums allowed for their maintenance to 104 Who individually have more than ?200 and less than ?400 per annum, and whose incomes amount to 30,214 7 11 And the total of the sums allowed for their maintenance to 03 Who individually have more than ?400 and less than ?000 per annum, and whose incomes amount to 30,033 18 11 And the total of the sums allowed for their maintenance to Maintenance. ?213,074 13 2 5,228 3 7 13,099 4 4 23,500 19 10 23,452 17 O Income.
51 Wlio individually have more than ?000 and less than ?1000 per annum, and whose incomes amount to ?39,125 3 0 And the total of the sums allowed for their maintenance to, 74 Who individually have more than ?1000 and whose incomes amount to 213,C37 0 9 And the total of the sums allowed for their maintenance to 39 Whose incomes have not yet been ascertained, nor their maintenance fixed. Maintenance. ?20,072 3 0 121,121 5 5 ?213,074 13 531 ?333,781 8 11 N.B.?The above Return comprises all existing Lunatics by Inquisition, without reference to any former Paliamentary Paper.
(Signed) THOMAS CARTLEDGE,
February 27th, 1849. Secretary of Lunatics to the Lord Chancellor. Lord Brougham in 1833 introduced a Bill to diminish the expense of Commissions in the nature of Writs De Lunatico Inquirendo and to provide for the better care of Lunatics. Under it, authority is given to the Lord Chancellor to appoint, as visitors of lunatics, three per- sons, two of whom shall be physicians, and one a barrister of not less than five years’ standing. Also, a secretary, with salaries and expenses as follows:? Two physicians .?500 a year each . . ?1000 0 0 One barrister, at 300 0 0 One secretary 300 0 0 For an office and general expenses . . 300 0 0 ?1900 0 0 Exclusive of travelling expenses, which might be allowed by the Lord Chancellor. By a Return ordered July 8, 1851, it appears there was paid to this board From June 1844 to January 1845 . . ?3268 14 0 1845 1846 1847 1848 1846 3043 8 0 3009 16 0 2839 10 0 2756 0 0 1847 . 1848 . 1849 .
The Act further says, that each of such persons so found lunatic shall be visited at least once a year, by one of such medical visitors, who, after such visitation, shall respectively make a report to the Lord Chancellor, in writing, of the state of mind, and bodily health and general condition, and of the care and treatment pursued to each such person visited, which reports are to be duly filed and kept secret in the office of such visitors, and shall be open to the inspection of no -person whatever, except the said visitors, their secretary and the Lord Chan- cellor, or such as the Lord Chancellor shall appoint.
This Bill was passed in 1833 when the number of Chancery lunatics was 386, their numbers now are about 550; ‘ The board consists of Dr Southey, Dr Bright, Mr. Phillimore, “barrister, and Mr. Enfield their secretary, who, when the Masters in Lunacy were appointed, became also chief clerk to them, with a salary of ?800 a year, in addition to the ?300 he previously had. The pamphlet concludes with some general observations (from some of which we dissent), to which we hope to direct attention in an early number.
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