London. ss. Nos Johannes Warner & Thomas Adams Vic’ Civitat’ London, Serenissimo Domino Regi in brevi huic schedul’ annex’ nominat’ ad diem & locum in eodem brevi content’ Certificamus, quod ante adventum nobis praedict’ brevis scil’ duodecimo die Septembris Anno regni dicti domini Regis nunc Anglie &c. decimo quinto Christoferus Barton in dicto brev’ nominat’ commissus fuit Prisone dom’ Regis scil’ Computator’ scituat’ in Wood Street London prædict’ & in eadem Prisona sub custodia Isaaci Pennington & Johannis Woollaston tunc vic’ Civitat’ praedict’ & in eorum exit’ ab officio suo sub custodia nostra detent’ virtute cujusdam Warranti Otwelli Meverell, Laurentii Wright, Edmund Smith, & Willielmi Goddard in Medicinis Doctor’ & Collegii Medicor’ in London praedict’ custodi praedict’ Computatorii London praedict’ vel ejus deputat’ direct’ Cujus quidem Warranti tenor sequitur in hæc verba.

“ss. We Otwell Meverell, Lawrence Wright, Edmund Smith and William Goddard Doctors in Physick and Censors of the Collage of Physicians in London, being chosen by the President and Collage of Physicians aforesaid to govern and punish for this present year all offenders in the faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City, according to the authority in that behalf duly given by certain Letters Patents under the great Seal of England made and granted to the said Collage and Comminalty by the late King of famous memory King Henry the Eighth, bearing the date the 28th day of September in the Tenth year of his Raigne, And one Act of Parliament made in the 14th year of the said late King Henry the Eighth concerning Physicians Whereby the Letters Patents aforesaid and every thing therein are granted and confirmed: And by virtue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the Raigne of our late Soveraigne Lady Queen Mary intituled An Act touching the Corporation of Physicians in London, did cause to be brought before us the sixth day of this instant September at our Collage house in Pater noster Rowe in London one Christofer Barton; and we have examined the said Christofer Barton, and upon his examination and other due proofs we have found that the said Christofer Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London, Michael Knight of St. Buttolphs Parish Aldgate London and the child of one Jane Brigge and some others in the month of January in the year 1638, contrary to the Laws in that behalf made and provided; whereupon we have imposed upon the said Christofer Barton a fine of 20l. for his evil practice in Physick aforesaid; and we have also for the same cause sent you the body of the said Christofer Barton, Willing and requiring you in the King’s Majesties name to receive and keep him in safe custody as Prisoner, there to remain at his own costs and charges without bail or mainprize untill he shall be discharged of the said imprisonment by the President of the said Collage, and by such persons as by the said Collage shall be thereunto authorised according to the Statute in that behalf made, And this our warrant shall be your discharge. Given at the said Collage the eleventh day of September in the 16th year of the Raigne of our Soveraigne Lord King Charles.”

Doctor Burgess having been in Orders and now practising Physick in London, was summoned before the President and Censors to give an account by what authority he practised in this City contrary to the Statute Law of this Kingdom. He ingenuously confessed; Not by any authority, but by the indulgence of the College; and told them he had formerly offered himself to examination, though he had not yet been examined. The President replied, that by a Statute of the College (which was read by the Register) they could not examine admit or permit any to the practice of Physick, who had been in Holy Orders. Besides if the Statutes of the College would allow it He told him an admission to a person that had been so qualified was repugnant to the Statute Laws of the Kingdom and Canons Ecclesiastical. He replied with great temper and candour, that he would not contradict either the one or the other, but lay down practice in London. After this he was convened a second time before the President and Censors and interdicted the practice of Physick within the College Liberties, to which he submitted and promised that he would speedily betake himself to the Country. Some of the Fellows of the College were complained of for consulting with him.

Whereas I am given to understand that you have heard that the last year I would not give way to two or three for the obtaining a Licence to practise Physick, nor to a Doctor of Leyden to be incorporated with us without giving publick testimony of his abilities, and I further understand that yourself and the whole College are well pleased therewith, I have cause to rejoice: and further thought fit at this time to acquaint you with my real intentions, which I shall eagerly prosecute, if I may have countenance and assistance. I have observed and have grieved to see sometimes a Serving-man sometimes an Apothecary oftentimes Masters of Arts (whereof some have afterwards assumed holy Orders) admitted to a Licence to practice in Physick, or to be incorporated to a Degree without giving any publique testimony of their learning and skill in the Profession. And what hath followed hereupon? The Minister hath neglected his own calling and trespassed upon another’s, not without endangering the Souls of the people of God, and the losse of the Lives of many of the King’s Subjects. The Serving-man and Apothecary upon a Licence obtained have been presently made Doctors by the breath of the people, and Doctors indeed undervalued. Masters of Arts after Licence obtained have taken as I said holy Orders, that if one Profession did faile them another might supply them. And Incorporation being in an instant obtained by a little summe of money which by orderly proceeding (I speake concerning the Doctor’s Degree) would cost 12 years study in the University besides performance of exercises and much expence; It is come to passe, that in the University at this time I doe protest I doe not know any one that intends the study of Physick, and practice thereof according to the Statutes. Chirurgeons and Apothecaries are sought into, and Physicians seldome but in a desperate case are consulted with, when the Patient is ready to dye and in this kind we have too many examples. The consideration of these mischiefs redounding to the Church, Commonwealth, University, and our Profession, hath often troubled me, when I had no power to prevent them. But now seeing it hath pleased God and the King to conferre such power upon me, that without me neither Licence nor Degree in Physick can be obtained at Cambridge (for I have solicited Dr. Nichols and Dr. Allet to joyne with me; and I have prevailed soe farre with them that they will doe nothing without me) I doe intend by the grace of God to give way unto noe man to obtain a Licence or Degree without keeping an Act at the least, &c. unless it shall happen that with some one particular man it shall be dispenced withall by supreme Authority or in some extraordinary case. But all this will be to little purpose, unlesse yourselfe and the College will solicite Dr. Clayton, his Majesties Professor at Oxford, and others of the faculty there, to doe the like; or rather Petition to my Lord’s Grace of Canterbury, who out of his innate goodnesse, and zeale for the good of the Church and Commonwealth, and the honour of the Universities, I am fully perswaded, will grant what you desire, against Apothecaries and Chirurgeons, and all others which without Licence and authority do practise Physick, I could wish there were some course taken; I know there be already good Lawes, if they were put in execution. This much in haste (as you may perceive by my writing) I thought good to signify unto you, out of the grateful respect which I beare unto yourself and the whole College, tending the honour of our common Profession, which I will maintain as much as in me lyes, and vindicate from the invasions of Usurpers and Intruders. I have exceeded I feare the bounds of a Letter, but that you will pardon I hope considering the occasion. And soe with a gratefull acknowledgment of your love and favour towards me and an ingenuous profession of much service I owe unto you, I take my leave, as one that will be ready, upon the least signification, to embrace your commands, and execute them with all alacrity.

At the Court at the Queen’s Palace, the 26th of July, 1809. Present,

Private Companies can not make Laws contrary to the General Law or to the Customs of great Cities: though great Cities and Towns may do so. This distinction is mentioned in 6 Mod. 120.^[176] Cuddon v. Estwick. And he cited the Case of the City of London v. Vanacker, in 1 Ld. Raym. 496. where Holt Ch. J. said that “if the By-Law was for the Benefit of the City, it would be good.”

This By-Law, therefore, is not good, without a particular Custom to support it: for it restrains a Common-Law Right.

The Return does not aver that the understanding the Latin Tongue is a necessary qualification of a Surgeon: And their Art may certainly be performed without it. At least, ’tis no objection to a young Person’s being put out to learn the Art; whatever it might be to the Admission of a Man to practise it.

Besides, “Understanding the Latin Tongue,” is a very indefinite and vague expression: And a very different idea of it would be conceived by different persons; as by Dr. Bentley (for instance) and by a^[177] Warden of the Surgeons Company.

Bad consequences too, may arise from this By-Law: And if so, it shall not prevail. Godbolt 254. S. C. with that of the Taylors of Ipswich, (there called The Cloth-workers of Ipswich Case.)

If the By-Law is bad, this young man’s not understanding Latin will not cure or help it. However, the By-Law does not expressly forbid such a Person to be admitted: It is not mandatory, but only directory.

Mr. Serjeant Hewit contra, was rising up, to speak in support of the Return,

But Lord Mansfield said it was too plain to argue.

“You shall swear, first, that you shall be diligent and faithful and ready to help every woman labouring with child, as well the poor as the rich; and that in time of necessity you shall not forsake the poor woman to go to the rich.

“Item. You shall neither cause nor suffer any woman to name or put any other father to the child but only him which is the very true father thereof indeed.

“Item. You shall not suffer any woman to pretend, feign, or surmise herself to be delivered of a child, who is not indeed; neither to claim any other woman’s child for her own.

“Item. You shall not suffer any woman’s child to be murdered, maimed, or otherwise hurt, as much as you may: and so often as you shall perceive any peril or jeopardy, either in the woman, or in the child, in any such wise as you shall be in doubt what shall chance thereof, you shall thenceforth in due time send for other midwives and expert women in that faculty, and use their advice and counsel in that behalf.

“Item. You shall not in any wise use or exercise any manner of witchcraft, charm, or sorcery, invocation, or other prayers, than may stand with God’s laws and the King’s.

“Item. You shall not give any counsel or minister any herb, medicine, or potion, or any other thing to any woman being with child, whereby she should destroy or cast out that she goeth withal before her time.

“Item. You shall not enforce any woman being with child, by any pain or by any ungodly ways or means, to give you any more for your pains or labour in bringing her to bed, than they would otherwise do.

“Item. You shall not consent, agree, give, or keep counsel, that any woman be delivered secretly of that which she goeth with, but in the presence of two or three lights ready.

“Item. You shall be secret, and not open any matter appertaining to your office, in the presence of any man, unless necessity, or great urgent cause do constrain you so to do.

“Item. If any child be dead born you yourself shall see it buried in such secret place, as neither hog, or dog, nor any other beast may come unto it; and in such sort done, as it be not found or perceived, as much as you may: and that you shall not suffer any such child to be cast into the jaques or any other inconvenient place.

“Item. If you shall know any midwife using or doing any thing contrary to any of the premises, or in any otherwise than shall be seemly or convenient, you shall forthwith detect, open, or shew the same to me or my Chancellor for the time being.

“Item. You shall use yourself in honest behaviour unto the woman, being lawfully admitted to the room and office of Midwife, in all things accordingly.

“Item. That you shall truly present to myself or my Chancellor, all such women as you shall know from time to time to occupy and exercise the room of a midwife within my aforesaid diocese and jurisdiction of —— without any licence and admission.

“Item. You shall not make or assign any deputy or deputies, to exercise or occupy under you in your absence the office or room of a Midwife, but such as you shall perfectly know to be of right honest and discreet behaviour; and also apt, able, and having sufficient knowledge and experience to exercise the said room and office.

“Item. You shall not be privy, or consent, that any priest or other party shall in your absence, or in your company, or of your knowledge or sufferance, baptize any child by any mass, latin service, or prayers, than such as are appointed by the laws of the Church of England; neither shall you consent that any child born by any woman who shall be delivered by you shall be carried away without being baptized in the parish by the ordinary minister where the said child is born, unless it be in case of necessity baptized privately according to the Book of Common Prayer: but you shall forthwith, upon understanding thereof, either give knowledge to me the said Bishop, or my Chancellor for the time being.

“All which articles and charge you shall faithfully observe and keep: So help you God, and by the contents of this book.”

Certificate of the College of Physicians concerning the Midwives of London.

May it please your Lordships,

Upon consideration taken of this petition hereunto annexed, presented unto the President and College of Physicians by the Midwives, We, the College of Physicians, conceiving the said complaint to be grounded upon just grievance, and to conduce to a general good, in the timely prevention of so growing an inconvenience, have particularly informed ourselves concerning the said business, and do certify that the like project was formerly attempted by another, which is now intended by the doctour, and therefore was referred by K. James, of blessed memory, to the Lords of the Council, and by their Lordships to the College of Physicians, to certify their opinion thereof; who upon mature deliberation made report to their Lordships of the unfitness of the said proposition, there being no such custom ever used either here or in any other kingdom, Wherefore the same was rejected and died. And whereas we understand that the said Doctour doth ground his complaint upon the insufficiency of Midwives, whom he would undertake to teach, though licensed by your Lordship’s officers, whom we do believe to be as careful in admitting of Midwives as they are in other kingdoms; only we are informed that divers do practise without licence, and some are deputies to others, through whom we probably conceive some abuses to grow, because their abilities and honesty of lives and conversation are not testified upon oath as others are who are licenced. But for adding sufficiently to them by the Doctour’s instruction, he is not otherwise able to instruct them than any other the meanest Fellow of our College, unless he understand it by the use of iron instruments, which Physicians and Chirurgeons may practice if they please; and some do and have done with as good success and dexterity as himself, and therefore there is no necessity of a sole dependance upon him. And it being true that is reported by the Midwives, the Doctour doth often refuse to come to the poor, they being not able to pay him according to his demands; and for the rich he denies them his help until he hath first bargained for great rewards; which besides that they are in themselves dishonest, covetous, and unconscionable courses, they are also contrary to the laws and statutes of our College, to which by oath he is bound. We therefore for this and other reasons we can alledge, conceive his suit to be unreasonable and inconvenient. And so do humbly leave the same to your Lordships’ grave judgments, unto whom his Majesty referred the consideration thereof.

Whereas it has become highly expedient to provide for and secure constant attention to the health and comforts of the inhabitants of Ireland, and for the prevention of contagious disease, more especially in the cities and great towns thereof; and that for that purpose officers of health should be annually appointed in all cities and large towns, and that such officers should also be appointed in such towns, parishes, and villages in the country, as shall think it proper or necessary to adopt such a measure; be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That within one calendar month next after the passing of this Act, and within one calendar month after the twenty-fifth day of March in the year one thousand eight hundred and twenty, and in every subsequent year, in every city and town in Ireland, which shall contain one thousand inhabitants, or upwards; and in every city and large town where the Lord Lieutenant, or other Chief Governor or Governors of Ireland, shall think fit to direct that this Act shall be carried into effect, the inhabitant householders of each and every parish in such city or town, assembled in vestry, shall and they are hereby required to elect and appoint any number of persons not less than two, and not more than five, to be officers of health for such parish, for the year ending on the twenty-fifth day of March next after such election, and until new officers of health shall be in like manner appointed for such parish for the year ensuing.

II. And be it further enacted, That such officers of health, so to be elected and appointed, shall act in the execution of this Act without any salary, fee, or reward whatsoever; and that the expenses to be incurred by such officers in the execution of their Duties under this Act, not exceeding such sums as shall be specified and determined on, and limited and directed at the vestry to be assembled for the choice of such officers, or at any subsequent vestry to be called by the said officers, shall be raised and levied on the inhabitants of such parish, in such manner and form as other parochial assessments are raised and levied, and shall by the said officers of health be applied to the purposes of this Act; and the expenditure thereof shall be accounted for by the said officers in such manner as other parochial assessments are accounted for, and either at such times as other assessments are accounted for according to law, or at such other times and periods of the year, and as often from time to time as shall be directed at the vestry to be assembled for the appointment of such officers, or at any other vestry to be called by two inhabitants of such parish; and that copies of all such accounts shall once in every year, before the twenty-fifth day of April in each year, be transmitted by such officers of health to such public officer, or office or place in Dublin, as shall be from time to time directed by the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, or his or their Chief Secretary.

III. And be it further enacted, That it shall and may be lawful for the inhabitant householders of any parish, town, or place whatever, in vestry assembled, in any part of Ireland, to appoint such officers of health for such parish, in case they shall think fit and expedient so to do; and to raise such sum or sums of money, to be levied and accounted as directed by this Act, in like manner as by this Act is required to be done in cities and large towns as aforesaid.

IV. Provided always, and be it enacted, That no person shall be compelled or compellable to act or serve as such officer of health, in any parish or place, for any longer term than one year, nor to act or serve as such officer for any year commencing within three years after the end of any year for which he shall have served as aforesaid.

V. Provided also, and be it enacted, That it shall and may be lawful for the inhabitant householders of any parish in any county, city, town, or place in Ireland, to elect the churchwardens of such parish for the time being to be officers of health under this Act, in case they shall think fit so to do; and it shall be lawful for such churchwardens, and they are hereby authorized and required, to act as such officers of health accordingly, under the present provisions of this Act.

VI. Provided also, and be it enacted, That where any city or town as aforesaid, containing one thousand inhabitants, or where the Lord Lieutenant or other Chief Governor or Governors of Ireland shall direct this Act to be carried into execution, in case the inhabitant householders in any parish or parishes in such city or town shall neglect or refuse to elect and appoint such officers of health, within such time as is required by this Act, or as shall be required by any order of such Lord Lieutenant, or other Chief Governor or Governors, it shall and may be lawful for the Justices of the Peace assembled at the Quarter Sessions, or any adjournment thereof, for the county, city, or town within which such parish shall be situate, and the said Justices are hereby authorized and required, to appoint such officers of health in and for such parish, and also at the same time to appoint and limit what sum shall be raised by assessment on such parish for the purposes of this Act, and such sum shall and may be raised and levied accordingly, in like manner as any other parish assessments, and as if the same had been authorised by the vestries of such parishes, and shall be applied and accounted for in the manner herein before directed.

VII. And be it further enacted, That it shall and may be lawful for any one or more of the persons so to be appointed officers of health, and he and they is and are hereby authorized, empowered, and required to cause and direct all streets and lanes, and all yards and courts adjoining thereto, and all houses let in several tenements and room-keepers, and the yards, gardens, or places belonging to such houses, to be cleansed and purified, and all nuisances prejudicial to health to be removed therefrom; and all public sewers to be cleansed, and where necessary, to be covered over, and all lodgments of standing water to be filled up or drained off; and also to cause and direct all other matters and things to be done for the ventilation, fumigation, and cleansing of any house whatever, in which fever or other contagious distemper shall have occurred, and for the washing and purifying the persons and clothes of the inhabitants of every such house, as shall appear to any such officer of health to be indispensably necessary for the preservation and security of the inhabitants of such parish against the danger of contagion, unless due precautions shall have previously been taken for such purposes by the inhabitants of such house; and it shall be lawful for all constables and peace officers, and they are hereby authorized, empowered, and required, to be aiding and assisting to such officers of health in the doing all matters and things whatsoever in the execution of this Act.

VIII. And be it further enacted, That in any parish or parishes in any city or town where any such officers of health shall be appointed as aforesaid, and where no power or authority is or shall be vested in or given to Magistrates or Corporation of such city or town, to regulate the sweeping and cleansing of the streets therein, and the collecting and disposing of the dirt, dung, and filth of the said streets, and also in any city or town whatever, where the scavengers or other persons who shall be entrusted with or contract for the cleansing and sweeping of the streets, under the direction of the Magistrates or Corporation or not, shall neglect or omit to cleanse and sweep the streets and lanes of such city or town, twice at least in every week, it shall and may be lawful for such officers of health to cause and direct such streets to be swept and cleansed, and the dirt, dung, and filth collected from the same to be sold and disposed of, and the produce thereof to be applied for the purposes of this Act, and in diminution of the charge on the parish for which such officers shall be appointed: provided always, that in all cases where the Magistrates or Corporation of any city or town have or shall have power and authority to regulate the sweeping or cleansing of the streets, or where any scavenger or other person shall be appointed or shall have contracted for that purpose, the said officers of health shall give twenty-four hours notice to the chief magistrate of such city or town, and to the scavenger or other person contracting for the cleansing of such streets, of the neglect or omission to sweep and cleanse the same; and that at the expiration of such twenty-four hours, in case the said streets shall not be duly swept and cleansed, it shall be lawful for the said officers of health to cause the same to be swept and cleansed, and the produce thereof to be disposed of as aforesaid, any act, charter, law, usage or custom to the contrary notwithstanding.

IX. And for the preventing the danger of contagion and other evils, from the unrestrained intercourse of strolling beggars, vagabonds, and idle poor persons seeking relief; be it enacted, That from and after the passing of this Act, it shall and may be lawful for any one Justice of Peace within his jurisdiction, or any churchwarden of any parish in any city, town, or place in Ireland, or for any officer of health appointed in any parish in pursuance of this Act, and they are hereby respectively empowered and required, to apprehend all idle poor persons, men, women, or children, and all persons who may be found begging or seeking relief, or strolling or wandering as vagabonds within any parish or place, and to direct and cause all such idle persons, beggars, and vagabonds to be removed and conveyed out of and from such parish and place, in such manner and to such place as the nature of the case may require; and it shall and may be lawful for any such Justice of the Peace, upon his own view, or upon the complaint of any churchwarden or officer of health to commit any such strolling beggar or vagabond, or idle poor person, to any Bridewell or House of Correction, or other public place of confinement, for any time not exceeding twenty-four hours previous to their removal or departure out of such parish; and it shall and may be lawful for any churchwarden or officer of health in such parish, during such period of twenty-four hours, to cause the persons and clothes of such idle poor persons, beggars, or vagabonds so committed, to be washed and cleansed; and it shall be lawful for the Justices of any county, city, or town assembled at any Quarter Sessions or adjournment thereof, to constitute and appoint any suitable unoccupied building to be a Bridewell or place of confinement for such idle persons, beggars, and vagabonds, with the consent and approbation of the owner of such house or building, and to apply to and agree with such owner for such purpose accordingly; and every beadle, constable, and peace officer within their respective districts or jurisdictions, shall be and are hereby required to be assistant to the said Justices of Peace, churchwardens, and officers of health, in such apprehension, and confinement, and treatment of such idle poor persons, beggars, and vagabonds, pursuant to the provisions of this Act.

X. And be it further enacted, That if any person or persons shall resist or oppose any Justice of Peace, churchwarden, or officer of health, in the execution of the powers of this Act, or in the doing or performing of any matter or thing in the execution of this Act, every such person or persons so guilty of resisting or opposing shall, on conviction thereof before any two Justices of Peace or Magistrates within their jurisdiction, on the oath or affirmation of any one or more credible witness, or on the confession of the party so offending, incur such penalty, not less than ten shillings nor more than five pounds, as such Justices of Peace or Magistrates shall in their discretion think proper to adjudge and inflict; or in failure of making payment of such fine, such offenders shall and may be committed to the Common Gaol or House of Correction for any time not exceeding three calendar months; and no such conviction shall be quashed for informality, nor shall be removed or removable by certiorari or otherwise, nor subject to any appeal whatever.

XI. And be it further enacted, That if any action shall be brought against any person or persons for any thing done in the execution of any of the powers or duties by this act given or required, the defendant or defendants may in every such suit plead the general issue, and give this act and the special matter in evidence; and in every case where the plaintiff or plaintiffs in such suit shall fail, the court in which such suit shall be carried on shall award costs to the defendant or defendants.

14 Geo. 3. c. 49.
 
An Act for regulating Mad-Houses.

Whereas, many great and dangerous abuses frequently arise from the present state of Houses kept for the reception of Lunaticks, for want of regulations with respect to the persons keeping such houses, the admission of Patients into them, and the Visitation by proper persons of the said Houses and Patients: And whereas the law, as it now stands, is insufficient for preventing or discovering such abuses; may it therefore please your Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the Twentieth day of November One thousand seven hundred and seventy-four, if any person or persons, in that part of Great Britain called England, the dominion of Wales, or town of Berwick upon Tweed, shall, upon any pretence whatsoever, conceal, harbour, entertain, or confine, in any house or place, kept for the reception of Lunaticks, more than one Lunatick, at any one time, without having such Licence for that purpose as is herein-after directed, (except such Lunaticks as are committed by the Lord High Chancellor of Great Britain, or Lord Keeper, or Commissioners for the Custody of the Great Seal for the time being), every such person shall, for every such offence, forfeit and pay the sum of Five hundred Pounds.

And, in order that proper persons may be appointed for visiting such houses as shall be licenced and kept for the reception of Lunaticks, within the cities of London and Westminster, and within seven miles of the same, and within the county of Middlesex, be it further enacted by the authority aforesaid, That the President and Fellows of the Royal College of Physicians in London for the time being, at a general meeting of the said College, to be held upon the last day of September, or if that day falls upon Sunday, then upon the first day of October, in every year, shall elect Five Fellows of the said College for granting such Licences as aforesaid, within the said cities of London and Westminster, and within seven miles of the same, and within the said county of Middlesex, according to the directions of this act; and the said Five Fellows, so elected, shall be and are hereby declared to be, Commissioners for granting such Licences within the limits aforesaid, for the year then next ensuing; provided that two, at least, of the said Fellows, to be so elected, shall be persons who have not acted as Commissioners for the preceding year; and that no person whatsoever shall be capable of being elected, or of acting as a Commissioner, for more than three years successively.

And be it further enacted, That in case, at any time of election there shall not be found a sufficient number of Fellows qualified or willing to act as Commissioners, the said President and Fellows are hereby required, upon every such deficiency, to elect one or more from among the Licenciates to supply the same.

And be it further enacted by the authority aforesaid, That as often as any of the Commissioners, to be elected as aforesaid, shall die, or refuse to act, the said President is hereby required to call a meeting of the said Fellows, within fourteen days next after such death or refusal shall be known to the said President, in order to elect a Commissioner in the room of every Commissioner who shall so die, or refuse to act; and every Commissioner so to be elected, shall be, and is hereby vested with the same power and authority, in all respects whatsoever, as the Commissioner in whose place he shall be chosen was vested with.

And be it further enacted, That every person who shall be elected a Commissioner to act within the cities of London and Westminster, and within seven miles of the same, and within the county of Middlesex, as aforesaid, shall, within ten days after such election, take the following Oath; (that is to say),

I A. B. do swear, That I will faithfully and impartially execute all the trusts committed unto me, by virtue of an Act of Parliament, made in the Fourteenth year of the reign of King George the Third, intituled, An Act for regulating Mad-houses; and that I will not, directly or indirectly, give notice, or cause notice to be given to the Keeper, or person having the care of any house or place licensed for the reception of Lunaticks, of the time of visitation of such house or place.