SCHEDULE (N.) (r). FORM of SUMMONS. WE whose names are hereunto set and seals affixed, [commissioners or visitors] appointed under and by virtue of an act of Parliament made and passed in the second and third year of the reign of his present Majesty, intituled "An act for regulating for three years, and from thence until the end of the then next session of Parliament, the care and treatment of insane persons in England," do hereby summon and require you personally to appear before us at in the 2 & 3 Will. 4, c. 107. parish of on at the hour of in the noon of the same day, and then and there to be examined, and testify the truth touching certain matters relating to the execution of the said act. LIST OF HOUSES. Licensed for the reception of Lunatics, by the Metropolitan Commissioners in Lunacy for 1831 & 1832, under statutes 9 Geo. 4, c. 41, and 10 Geo. 4, c. 18 (a). do. Fox, L. H., (Grange House) Kingsland Road Knight, T. M., (Hope House) Hammersmith Do. do. Mullins, John, (Manor Cottage) King's Road, Oxley, W, (London Retreat) Hackney Brook Green Jos. Barber Knight 20 M Self 5 Pell, Mary, (Baxter House) Church-terrace, Self St. Pancras 24 F 172 6 F 10 F 6 F 30 M 45 F 260 290 260 (a) The licences must be renewed yearly. See ante, p. 596, s. 18. Misses Pettingall PART II. SUMMARY OF THE PRACTICE IN LUNACY. Cer PETITIONS in lunacy must be left at the office of the secretary of lunatics in Southampton Buildings, and must be served on the party to be affected by them two clear days before the time appointed for their hearing. Petitions in the matter of a person found an idiot by inquisition, and petitions in lunacy, where the lunatic has neither an heir-at-law nor next of kin, ought to be served on the Attorney General (a) or the Solicitors for the Treasury or their agent. An order to amend a petition in lunacy may be obtained (b), although it seems that the Court is not prevented by the form of the petition from granting such relief as the nature of the case may require (c). tain days between each term are appointed for the hearing of lunatic petitions, but parties are in the constant habit of bringing such petitions before the Lord Chancellor at all times, as well during term as vacation, and the Lord Chancellor hears and determines according as the interest of the lunatic or his property requires his Lordship's attention (d). It seems that where an order for adjourning a petition in lunacy to the next day of petitions has been made, it will not be rescinded unless a petition for the purpose is presented (e). Affidavits in lunacy must be sworn before a Master in Chancery at the Public Office in Southampton Buildings, Chancery Lane, or the Master's house, if the parties reside in London or within twenty miles from London, in other cases they may be taken before a Master Extraordinary of the Court of Chancery, not being the solicitor employed in prosecuting the commission (f). Such affidavits are generally filed in the office of the Secretary of Lunatics, but sometimes in the offices of the Masters, and of the Clerk of the Custodies. When it is ascertained that the state of a party's mind is such as to require the management of his affairs to be placed under the direction of the Lord Chancellor, and it is desired to obtain a commission of lunacy to inquire into the state of mind of the party, a petition signed by the party prefering it, and attested by his solici (a) Ex parte Watson, Jac. Rep. 161. ordered by the House of Commons to be printed 8th June, 1830. (e) In re Frank, 31st August, 1831. (ƒ) 3 Atk. 813. See ante, p. 178. tor, and stating the residence and degree of relationship or other connexion which the petitioner bears towards the subject of the commission, that he is now of unsound mind, and the period for which he has been so, must be presented to the Lord Chancellor, praying that a commission of lunacy may issue. Such petition must be supported by the affidavits of medical and other persons, shewing the insanity or unsound state of mind of the party against whom the commission is desired to be obtained, by setting forth such instances of irrational conduct as afford strong proof that he is insane, and incapable of managing his own concerns. The petition and a copy thereof, with the affidavits in support of it, must be left at the office of the secretary of lunatics, in order to be submitted to the consideration of the Lord Chancellor and to obtain his order thereon. The five regular commissioners are usually named for executing commissions in and near London, though in some cases special commissioners are appointed for the purpose. Country commissions are directed to such persons as the Lord Chancellor shall approve, in which two barristers are usually included. Where a caveat has been entered against the issuing of a country commission, the party against whom it is prayed, upon shewing sufficient cause by affidavit, will be allowed to propose a list of commissioners, as well as the party applying for the commission. If the person against whom a commission of lunacy is sought to be obtained, or any one on his behalf, has entered a caveat against its issuing, he will be entitled to have notice of the application to the Lord Chancellor, and to attend and oppose it in the first instance: a caveat merely requires notice to be given to the party or his agent of the particular proceeding, is entered at the office of the secretary of lunatics, costs five shillings, and remains in force one year. When the Lord Chancellor has made an order for issuing a commission, the petition and order must be left with the Clerk of the Custodies (g), who will make out the commission and cause it to be passed under the Great Seal, for which he is entitled to receive 31. 7s. 6d. unless the seal be private, when the costs are higher. In London commissions, notice must be given to the three commissioners in rotation, which may be ascertained by inquiring of the junior commissioners in the list. Such three commissioners will then appoint a time for executing the commission, at the place mentioned in the Lord Chancellor's order, being usually near the residence of the supposed lunatic. (g) By stat. 2 & 3 Will. 4, c. 111, after reciting that it is expedient that the offices thereinafter mentioned should be abolished, as soon as provision can be made for the due performance of the duties thereunto belonging, it is enacted, that the several offices therein mentioned, including "the clerk of the custodies of lunatics and idiots," shall utterly cease and determine from and after the 20th day of August, 1833. By the 2nd section of the act it is enacted, that nothing therein contained shall be construed to determine any of the aforesaid offices then holden, in possession or reversion, by any person appointed thereto, on or before the 1st day of June, 1832, until the decease or resignation of such person. The solicitor prosecuting the commission must prepare a precept, with seals annexed, on paper, to be signed and sealed by the major part of the commissioners (for doing which they are entitled to a fee of one guinea each), to the sheriff, directing him to summon a jury of twenty-four persons, to make the inquiries directed by the commission. The precept is to be left at the sheriff's office, and the under sheriff will summon the jury. Subpoenas written on paper, signed by the major part of the commissioners, should be served in the usual way, upon the witnesses whose attendance is required. If the persons having the supposed lunatic in their custody, refuse or are unwilling to produce him, a warrant for his production at the execution of the commission, written on paper, should be signed and sealed by the major part of the commissioners, for which they are entitled to receive one guinea each; copies of such warrant should be served on such parties as have or are suspected to have the custody of the lunatic's person. On application to the Lord Chancellor, his order may be obtained for the production of the lunatic at the inquiry, and a party disobeying The Lord Chancellor such an order will be guilty of a contempt. will also, on a proper application by petition, order persons who are opposing the commission to have access to the alleged lunatic, in orIt it not now the pracder to enable them to conduct his defence. tice to ascertain before the commissioners and jury, the nature and amount of the lunatic's property; but that inquiry, as well as who are his heir-at-law and next of kin, is made before the Master in Chancery to whom the matter is referred after the party has been An inquisition in blank must be prepared found to be a lunatic. on a large sheet of paper. The commissioners and jury having assembled to execute the commission, the jury having been sworn well and truly to try and a true inquiry to make concerning the lunacy of the party, and to return a verdict according to the evidence adduced; and proclamation having been made, the commission will be read to the jury and the chief commissioner in attendance, will explain to them the nature of the inquiry they are to make, which may be partly collected from the words of the commission itself; and if they find the party to be a lunatic, the next question is when he became so, and whether he enjoys any lucid intervals or not. The counsel (if any are employed) for the petition states the case to the jury, with such observations as may be necessary to explain it. The witnesses to prove the lunacy of the party are then examined and cross-examined, as in other cases; the lunatic ought also to be examined by the commissioners or jury, all other parties being absent; he has also a right to insist on such examination, and to be present at the execution of the commission. After the lunatic has been examined by the commissioners and jury, the junior counsel for the petitioner will sum up the evidence, and observe upon it as in other cases. The counsel opposing the commission will then address the jury, and call such witnesses as he may think expedient, either to contradict those on the other side or to prove the sanity of the SS |