1. Lunatic, Non compos, and Jdiot. (A) Cuftody. Who shall have it, and how. THE HE cuftody of lunatic may be granted to a feme covert, though he be not fui juris, but under the power of her husband. 3 P. Wms. III. 1720. Ex parte Kingfmill, in notis. 2. One, though of great age, being deprived of his memory, and become almost non compos mentis, was admitted to anfwer by his guardian, in regard the demand in question was but small; but had the demand been confiderable, the regular way had been to have taken out a commiffion of lunacy, and have gotten a committee afligned. Ibid. in notis. Anon. 3 Vagrants only, and not perfons of rank, are within the act which empowers justices of the peace to take care of lunatics. 2 Atk. 52. Anon. August 1740. 4. Whether the ftat. 4 G. 2. extends to lunatics at large, or only to lunatics of whom the custody has been granted by the great feal; and whether it extends to lunatics of whom a curator has been appointed abroad. Amb. 80. Ex parte Marchioness of Anandale. December 1749. 5. A committee was appointed of the lunatic's person and eftate, with a restriction not to receive any of the estate himself, and a receiver was alfo appointed. Amb. 104. Ex parte Billingburst. August 1750. 6. Bankruptcy of the committee of the perfon of a lunatic is a fufficient caufe for removing him on account of the fund for maintenance; but the cuftody of the perfon will not be changed if the Mafter finds it proper, with regard to the comfort of the lunatic that it should continue. 3 Vef. jun. 2. Ex parte Mildmay. Nov. 1795. 1. (B) Power of the Committee. And Allowances. TH HE court allowed the profits of the lunatic's eftate to the committee for the maintenance of his perfou. The lunatic dies, his adminiftrator brings a bill for an account of the fe profits; the defendant, the committee, pleads this order of court for the allowance of the profits for the lunatic's maintenance. The plea was ordered to ftand for an answer; but as there was no fraud, the court would not grant the relief prayed. 3 P. Wms. 105. Eaft. 1731. Sheldon v. M. Juftice Fortefcue Aland, and others. 2. The king's grant of a lunatic's cflate without account is void; but the king or lord chancellor may allow fuch yearly maintenance to a lunatic as amounts to the yearly value of his eftate. Ibid. 110. 3. A committee of a lunatic's real estate may cut down tim ber for repairs. 2 Atk. 407. Aug. 1742. Ex parte Ludow. 4. A fum of money devised to be laid out in lands in England in truft for A., with remainders over, is, by act of parliament, fecured on A's eftate in Sectland during his minority. A. attains the age of 21, and becomes lunatic: the money may be called in and laid out pursuant to the trust. It is to be confidered as an eftate in England, and a proportion to be fettled for his maintenance and debts between his eftates in England and Scotland. Another fum, in the Exchequer in England, arifing from the fale of heritable jurifdiction in Scotland, confitered as real estate in Scotland. 2 Vef. 381. July 1751. Marquis of Anandale v. ¿viarchionefs of Anandale. 5. The committee of a lunatic not allowed any thing for his trouble but in this cafe, on account of particular circumstances, the allowance for maintenance was increased. Amb. 78. In the Matter of Annesley. O&. 1749. 6. It is a rule never to vary or alter the property of a lunatic fo as to effect any alteration as to the fucceffion to it. Amb. 80. Dec. 1749. Ex parte Marchioness of Anandale. 7. In this cafe the court ordered money to be lent to discharge incumbrances on the lunatic's Scotch eftate, it being for his convenience; and divers inftances were mentioned of the power of the Chancellor over the Scotch eltates of a lunatic, who was in England. lbid. 8. The committee has a lien on the lunatic's eftate recovered by him; and the folicitor employed for him was declared to ftand in the place of the committee, and to have a lien for his bill. Amb. 103. Barnefly v. Powell. Aug. 1750. 9. Committee of a lunatic's eftate not permitted to pass his accounts, without inquiry what money is in hand from time to time. 1 Vef. jun. 156. Ex parte Catton. June 1795. 10. On a bill by a fon, the committee of the father, who was a lunatic, to fet afide a voluntary fettlement by him, a motion, for the defendant to be at liberty to let the houfe, fell the furniture, and bring the money into court, was refufed, the plaintiff not confenting. Vef. jun. 160. Colman v. Croker. June 1790. 11. A lunatic is to have every comfort his fituation and fortune will admit of, without any confideration for thofe in expectancy. Vef. jun. 295. Ex parte Chumley. May 1791. 15 Vin. 135 (D) Acts, or Grants, &c. of a Lunatic, confirmed. or avoided. 15 Vin. 137. I. HERE, before an inquifition of lunacy, a perfon, who was found a lunatic, has made a purchase with the approbation of his only fon, the court would not change the difpofition which had been made of the fum of money, but let the purchafe ftand; and it was faid, that the court had allowed part of a lunatic's perfonal eftate to be laid out in repairs, and even upon improvements of his real estate. 2 Atk. 414. Sergefon v. Sealy. 07. 17+2. 2. 15 Geo. 3. c. 20. enals that the marriage of a lunatic, only found fo, fhall be null and void, unless he be previously declared fane by the Lord Chancellor. I. (D. 3) Other Matters. NO appeal from an order of the Lord Chancellor touching lunatics to the Houfe of Lords, but only to the king in council. 3 P. Wms. 104. 1731. Sheldon v. Mr. Julice Fortefcue Aland, and others. 2. After the jurifdiction of the court of wards was taken away, the jurifdiction over idiots and lunatics reverted back to the court of Chancery, to which it originally belonged. 2 Atk. 553. 1743. The Bailiffs and Burgefes of Burford v. Lenthall. 3. Where there is any misbehaviour in the execution of a commillion of lunacy, the court, upon examination, may quash it, and direct a new commiffion. 3 Atk. 6. Nov. 1743. Ex parte Roberts. 4. The perfon against whom a commiffion of lunacy iffued, on the different appearance he made upon a fecond inspection, was allowed to traverfe the inquifition, and the grant of the cuftody was fufpended till further order. Ibid. 7. 5. The Lord Chancellor can make an order in a lunatic's affairs after his death. Amb. 706. 1772. Ex parte Grimflone. 6. Mortgage on a lunatic's eftate paid off with his money, and the mortgage term ordered to be affigned in trust to attend the inheritance, and held not to go to his next of kin. Ibid. 7. Where there is a reference to the Master in a cafe of lunacy, he fhall make his report, although the lunatic be dead. 3 Bro. Ch. Rep. 238. 1791. 1791. Ex parte Armfrong. 8. Petition that a fund in court belonging to the plaintiff, or the intereft of it, might be paid to the plaintiff's wife, for the maintenance of himself and family, he being in a ftate of mind, which, though not amounting to lunacy, was of too great imbecility, in confequence of a paralytic ftroke, to do legal acts. And the court ordered the intereft to be paid to the wife from time to time. 4 Bro Ch. Rep. 100. 1792. Bird v. Lefevre. See Ex parte Nadin, before Lord Thurlow, 4 Nov. 1786., where he faid that he was not against the practice of finding a man a lunatic, who was, by the infirmities of age, rendered unequal to the management of his affairs, but that the more ufual way was to appoint him a guardian. 1 Fonb. Treat. 64. 9. Timber was felled on a lunatic's eftate by the committee by order of the court, the produce is perfonal eftate of the lunatic. Oxenden v. Lord Compton, 4 Bro. Ch. Rep. 231. and 2 Vef. jun. 61, S. C. 1793. to. In this cafe the Chancellor, in deciding a motion for a new tril, laid down general principles relating to cafes of lunacy. 4 Bro. Ch. Rep. 443. 1792. Attorney-General v. Panther. 11. The Lord Chancellor cannot, upon a petition in lunacy, order part of a lunatic's estate to be fold for payment of his debts, to prevent a bill by his creditors. 5 Vef. jun. 556. 1800. Ex parte Smith. (E) How the Lunacy fhall be tried, and what is a 15Vin. 138. good Return. 1.TH HE rules of judging in equity and at law in cafes of infa- 2 Atk. 412. 2. An inquifition of lunacy is always admitted to be read, but is not conclufive evidence, as it may be traverfed. 1742. Sergefon v, Sealy. The Where a man was found lunatic on two inquifitions, the court would not allow bim to traverie. 3 Atk. 184. 1744. Ex parte Barnelly. But where an inquifition founa a person an idiot, the court allowed him to traverse. Cied in the above caje of Ex parte Barney. heir of a lunatic is bound upon the traverse of an inquifition. 3 Atk. 308. 1746 In the Marter of Roberts. And where the alienee and the lunatic traverse, if he be found a lunatic at the time of the alienation, the auence is bound. Ibid. 3. That IV. B. was incapable of governing himself and his lands, &c. is an illegal and void return to a commithon of lunacy. 3 Atk. 18. 1744. Ex parte Barnefly. The uniform returns are, lunaticus, non comp's mentis, or, fince the proceedings have been in English, of unfound mind. Ibid. 4. Where the lunacy of a perfon is in queftion, the court will make a provifional order as to his effects, till the point as to the lunacy is determined. 3 Atk. 635. 1748. In the Matter of Heli. 5. In this cafe a commiflion was denied, the party being only of a very weak understanding. 2 Vef. 407. Lord Donegal's cafe. And it was faid by the Lord Chancellor Hardwicke, that finding a man an idiot for fo many years paft was good. Ibid. 6. A commiflion ifiued to inquire of the lunacy of one beyond fea, directed where the manfion-house and great part of the ellate lay. 2 Vef. 401. Aug. 1751. Ex parte Southcot. Amb. 109. S. C. 15 Vin. 140. 7. The commiffioners and the jury have a right to inspect the perfon. And cofts were decreed against a perfon having him in his cuftody and not producing him. Ibid. 8. A perfon found a lunatic by a competent jurifdiction abroad, confidered a lunatic here. 2 Vef. jun. 588. 1795. Ex parte Gillam. 9. No objection to the return to an inquifition finding a person lunatic, that it does not ftate, that the lunatic has or has not lucid intervals. A traverfe to a return to an inquifition finding a perfon a lunatic is a right by law, though the Lord Chancellor is not diffatisfied with the return upon the evidence. And the order was fufpended for the purpose of taking the traverfe. 5 Vef. jun. 450. 1800. Ex parte Ferne. 10. In the above cafe, it was faid by the Chancellor that the pleading a traverfe is fhort; merely ftating the inquifition, taking the common traverfe upon it, and then the attorney joins iffue. Ibid. 11. Upon the return of the traverse to the inquifition of lunacy, finding that the party was a lunatic at the time of her marriage, and at the time of taking the inquifition, but at the time (of the verdict) was not a lunatic, the commiffion was fuperfeded. The Chancellor doubted whether the double return was good. 5 Vef. jun. 833. 1801. Ex parte Ferne. 12. Traverfe to an inquifition finding a perfon lunatic is de jure, and not matter of favour. Ibid. I. (K) Lunatic and Trustee enabled to transfer. A. Found non compos before the fenate of Hamburgh, a mortgagee within the ftat. 4 G. 2. c. 10., and will be directed to convey. 1 Vef. 298. 1749. Ex parte Otto Lewis. 2. A trustee found a lunatic by the Mafter's report, cannot be ordered to convey under the ftatute, unless a commiffion of lunacy has iffued. 2 Vef. jun. 587. 1795. Ex parte Gillam. Mariners. Vin. 233. (A. 2) Mariners' Wages. Payable or loft. In what Cafes, and how much. 1. ACTION by a failor for wages in a voyage" to Newfound land, and from thence to Spain or Portugal, or some port in the Mediterranean." The contract was, "That the wages fhould |