the person under such disability had not been disabled and had executed the same.

By the statute 11 Geo. 4 & 1 Will. 4, c. 65, s. 22, it is enacted, that the clauses and provisions contained in the act of the 11 Anne, c. 3, shall continue in force in the same manner as if they had been repealed and re-enacted; and none of the other provisions contained in the former act, for authorizing any surrenders to be accepted, or any new lease to be made or executed, for or on behalf of any person who, in pursuance of any covenant or agreement for renewal in any lease contained or to be contained, ought to make such new lease or leases, shall extend to land in Ireland.

By the Irish statute 10 Geo. 1, c. 5, it is enacted, that it shall be lawful for all ecclesiastical dignitaries, parsons, rectors, vicars, and all bodies politic and corporate, and all other persons who are tenants for life, with an immediate remainder to his or her first and every other son in tail male, and for every tenant in dower or by the curtesy, with the consent of the persons seised in remainder of an estate of inheritance; or in case of idiocy or lunacy of such person seised in reversion or remainder, then with the consent of the committee of such idiot or lunatic, with the approbation of the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal of Ireland, in such cases of idiocy and lunacy, by indentures under their hands and seals, to grant leases not exceeding the term of thirty-one years, of all mines and minerals whatsoever, which shall be found within their respective manors, lands, and tenements, upon certain conditions therein expressed.

By the third section of the same act, after reciting that it might happen that such tenants for life, tenants in dower or by the curtesy, might be idiots or lunatics, it is enacted, that in all such cases it shall be lawful for all committees of idiots and lunatics, with the consent of the Lord Chancellor of Ireland, or Lord Keeper, or Commissioners of the Great Seal for the time being, to grant leases not exceeding the term of thirty-one years of all mines and minerals to be

A A

found on the manors, lands and tenements of such idiots and lunatics, upon the conditions thereinbefore expressed.

By the Irish statute 15 Geo. 2, c. 10, the provisions of the last-mentioned act are extended to coal mines in Ireland, of which, by statute 23 Geo. 2, c. 9, the term of fortyone years may be granted.

By statute 3 Geo. 4, c. 125, s. 1, all ecclesiastical persons and bodies corporate in Ireland, and every lay impropriator, or person entitled to any impropriate tithes or portions of tithes, may lease for any term of years to any persons seised or possessed of the lands out of which such tithes shall be issuing, having any freehold title or interest, or any interest for a certain term of years in such lands, all and every or any tithes or portions of tithes payable or belonging to such ecclesiastical persons and bodies corporate, in right of their ecclesiastical preferments, or payable to any such lay impropriator.

By the second section of the last-mentioned act, it is provided, that every such lease shall be by indenture; and where such lease shall be made by the incumbent of any benefice, the patron of such benefice, or the committee or guardian of the estate of such patron, if such patron shall be a minor or lunatic, shall be a party consenting thereto, signified before the execution of such indenture or the counterpart thereof, by indorsement on such indenture and counterpart, subscribed by such patron, or by such committee.

By statute 11 Geo. 4 & 1 Will. 4, c. 65, s. 40, it is declared, that the powers and authorities given by that act to the Lord Chancellor of Great Britain, intrusted as aforesaid, shall and may be exercised in like manner by, and are thereby given to, the Lord Chancellor of Ireland, intrusted, as aforesaid, with respect to all land in Ireland, but not further or otherwise (a).

(a) See ante, pp. 341, 349, 353.

SECTION II.

Of the Sale and Mortgage of the Estates of Lunatics, for the Payment of their Debts and other Purposes.

1. BEFORE the passing of the statute 43 Geo. 3, c. 75, the Lord Chancellor had no power, in lunacy, to order the real estates of a non compos to be sold or charged for payment of his debts, or for any other purpose.

Thus, where a petition was presented by the creditors of a lunatic, praying, that the Master's report of the debts due to the petitioners might be confirmed; and that they might be paid out of the lunatic's personal and leasehold estates; and the committee ordered to sell so much of the personal and leasehold estates as would be sufficient for that purpose; and if the produce should be insufficient, that the committee might be directed to apply the rents and profits of the real estate from time to time. The committee consented to the proposal for sale. Lord Chancellor Eldon said, "such cases were very lamentable, and ought to be provided for by an act of Parliament. But the question was, whether he had any power of selling the leasehold estate. He had no objection, if any purchaser would take it; but his order would not make him a title. As to the rest of the application, his Lordship said, he never remembered an instance, upon the report of debts, of stripping the lunatic, and putting him in the situation of absolute want; and that he had known the Court of Chancery throw difficulties in the way of creditors to prevent that." The personal estate was ordered to be applied as far as it would go, and the rents of the leasehold estates, in payment of the debts; and if any purchaser would take the leasehold estate, they were to apply again (b).

And in another case, where a lunatic was entitled under a will to real estates in fee simple, subject to debts by mortgage, bond, and simple contract. The bond-creditors having exhausted the personal estate in part payment of their demands, a petition was preferred, (to which the heir-at-law (b) Ex parte Dikes, 8 Ves. 79.

and next of kin consented), praying that a specific estate might be sold for payment of the debts. Lord Chancellor Rosslyn held, that, although very desirable, he could not make a decree in lunacy, but it must be by bill (c).

In one case, where a testator, by his will, devised to his wife all his real and personal estate charged with the payment of his debts, and appointed her executrix of his will, and a bill was filed by his creditors against his widow, who had proved his will, taken possession of his personal estate, entered on the real, and sold part of it, and then became insane, and the testator's heir-at-law was in the West Indies-The Lord Chancellor declared that the will ought to be established, and directed the usual accounts, and a sale of the real estate, in case the personal should be insufficient to pay the debts (d).

The leading principle of considering, in the administration of the jurisdiction in lunacy, the comforts of the lunatic has been carried so far, that, although it never can be the wish of the Court that creditors should be defrauded of their just demands, an order will not be made for payment of the debts of a lunatic out of his funds in Court, unless it clearly appear that a sufficient maintenance will remain, or is securely provided for the lunatic.

Thus, where a petition was presented by the wife and committee of the person of a lunatic, praying that his specialty and simple contract debts might be paid out of a fund of 5000l. in the Bank, upon the suggestion that the creditors would arrest him. Lord Chancellor Eldon said, that he had no authority to pay the debts of the lunatic, unless it was for the accommodation of his estate; he could not pay his debts, and leave him destitute of any provision. If any one would undertake to maintain him, the undertaking must be very precise to pay a specific sum for the maintenance of the lunatic while he remained in that condition. There was no instance of paying the debts of a lunatic, without reserving a sufficient maintenance for him; as the creditors cannot touch these funds. They may put him in gaol, where the Chancellor (c) Ex parte Smith, 5 Ves. 556.

(d) Williams v. Whinyates, 2 Br. C. C. 399; cited in 1 Sch. & Lef. 241.

could maintain him, and they might sequester his living. These orders are made for the accommodation, not of the creditors, but of the lunatic; and on its being shewn that it is for his accommodation, the Court will order his debts to be paid (e). It should be observed, however, that the person of a lunatic can only be protected by providing for the payment of his debts, for any creditor of such a party may arrest him (ƒ).

Where a creditor had obtained judgment for his debt against a lunatic, it was held that he might file a bill to set aside a voluntary settlement executed by him (g).

Where a lunatic was possessed of leasehold property, the annual income of which was 245l., the Lord Chancellor, after directing the annual sum of 150%. to be set apart for the maintenance of the lunatic, ordered that the residue of the rents and profits of the estates should be applied by the committee of the estate in payment of the debts reported due to the several creditors of the lunatic, whose names were mentioned in the schedule, rateably and in equal proportions, according to the respective amounts thereof, until the same should be satisfied (h).

References are frequently directed to the Master to take an account of the debts of a non compos, and to certify in what manner it will be proper to discharge them, and sometimes the Master is directed to advertise for the creditors of a lunatic. Thus, it was referred to the Master to inquire and certify whether there were any and what debts due and owing by the lunatic, and to whom, and out of what funds the same (if any) ought to be paid; and, for the better taking such account, the Master was to cause advertisements to be published in the London Gazette, and such other public newspapers as he shall think fit, for the creditors of the said lunatic to come in before him and prove their debts, within a time to be limited in the latter of such advertisements; and in default thereof, they were to be ex