party. The counsel for the petition will then be entitled to reply; after which the evidence will be summed up by the chief commissioner, for the consideration of the jury, twelve of whom must concur in a verdict, whether it be that the party is of sound mind or not. After a verdict has been returned, the inquisition on paper is then signed by the commissioners and jury, after having been previously read over, and is retained in the possession of the solicitor for the commission, on behalf of the jury. Each juryman is entitled to one guinea for his trouble, for every day in which he is engaged in the inquiry. The usual fee for a commissioner is two guineas for each day. The under sheriff is entitled to the same fee as a commissioner, and the summoning officer to a fee of two guineas. The solicitor for the commission then prepares an engrossment of the inquisition upon parchment, and annexes it to the commission, with these words written on the back: "The execution of this commission appears by the inquisition hereunto annexed;" which the commissioners sign, and then, fixing labels and seals to the bottom of the inquisition, three for the commissioners on the left hand side, and, on the other side, one for each of the jurors, it is to be carried with the commission annexed, and the inquisition on paper before signed by the commissioners and jury, to the commissioners, who will sign and seal the engrossed inquisition, for which they are entitled to be paid one guinea each. The commission and engrossed inquisition must then be filed at the Petty Bag office, and office copies of them must be taken for use on all occasions in Court. The fees at the Petty Bag office are the following For filing Copying, per sheet s. d. If the party found to be a lunatic, or of unsound mind, or his friends, or any other party having an interest, are dissatisfied with the finding of the jury, and mean to controvert the matter any further, application to the Lord Chancellor must be made, by petition, in the name of the lunatic or such other party, praying leave to traverse the inquisition; and if, upon hearing the petition, there appear sufficient grounds to doubt whether the party is lunatic or not, leave to traverse will be given, with such directions as to the time of filing the traverse and proceeding to trial, and other matters, as may be necessary (h). An office copy of the Lord Chancellor's order to allow a traverse must be left at the Petty Bag office, where the traverse is drawn up and filed; an office copy of it must be taken by the prosecutor of the commission, who replies in the name of the AttorneyGeneral on behalf of the Crown. The traverse is usually prepared by the petitioner's solicitor, and is signed by counsel when filed; no rule (as in other cases) is given for the Attorney-General to reply; but he replies of course, and proceeds to issue, a copy of which is delivered to the lunatic's clerk in court, or solicitor, and notice of (h) See ante, Chap. IV. s. 6. trial given; the record is made up, the venire issued, and the record in the usual manner transmitted into the King's Bench for trial. After it has been determined that the party is a lunatic, a petition must be preferred to the Lord Chancellor, for a reference to the Master to inquire who are the heir or heirs-at-law and next of kin of the lunatic, and who are proper persons to be appointed committees of his person and estate. In cases where the property is very small, and that fact appears by satisfactory evidence, it may be referred in one petition to the Master to appoint committees, and to certify who are the heir or heirs-at-law and next of kin of the lunatic, and to inquire into the nature of the lunacy, and the amount of the fortune, and what will be proper to be allowed for the maintenance of the lunatic (i). In other cases, the reference as to maintenance is made on a separate petition, after the appointment of the committees. The petition for the reference to the Master must be left with the Secretary of Lunatics to obtain the Lord Chancellor's order thereon, which, with such petition, is afterwards filed in the office of the Clerk of the Custodies, who gives an office copy, on payment of the regular fees. Such office copy, with a state of facts, supported by affidavits, and a proposal, must be left with the Master to whom the matter is referred, and warrants must be taken out and served for the attendance of the heir-at-law and next of kin of the lunatic before the Master, on his proceeding in the inquiries directed by the order. The relationship of the parties must be proved by the production of certificates of births and marriages, and such other evidence as the nature of the case may require. After the Master has made and signed his report, and it has been filed with the Clerk of the Custodies, application by petition must be made to the Lord Chancellor for confirming the report, and for a reference to the Master to appoint committees, and to inquire into the amount of the lunatic's fortune, and what it will be proper to allow for his future maintenance; and in some cases the Master is directed to take an account of the debts owing by the lunatic, and to advertise for his creditors to come in and prove their debts before the Master. The petition, with a copy thereof, must be left with the secretary of lunatics to be answered and set down in the paper for hearing. Counsel are employed as in other cases. After the Lord Chancellor has made an order for the appointment of the committees, an application must be made for a grant of the custody of the person and estate; in order to obtain this, an affidavit of the nature and amount of the lunatic's property, the above order, and office copies of the commission and inquisition must be filed by the Clerk of the Custodies, who will obtain the Attorney-General's directions as to the amount of the security to be given by the committees and two sureties, whose names and additions must be left with the Clerk of the Custodies, who will prepare (i) In re Avery, 29th January, 1828. the bond and affidavits of the sureties as to their responsibility. The committee and his sureties must give security in double the amount of the value of all personal property to which the lunatic is absolutely entitled, and in three times the amount of the annual income of the lunatic's real estate, and of such of his personal estate in which he has an interest for life only. Any person claiming to be heir-at-law or next of kin of the lunatic, may enter a caveat at the office of the Secretary of Lunatics against the appointment and grant to the committees approved by the Master, without having notice; or may present a petition against such appointment and grant, and propose other persons as committees. The lunatic may also prefer a petition to the Lord Chancellor, praying him to supersede the commission, on being examined and inspected by him; when a day will be appointed for that purpose, against which it will be proper for the alleged lunatic to be furnished with the affidavits of one or more eminent physicians, as to his sanity and capacity to manage his own affairs (k). After the committees have been appointed, a petition must be preferred by them, for a reference to the Master, to settle the sum to be allowed for the maintenance of the lunatic (1), unless directions for that purpose were given in the order made upon the petition for appointment of committees. The order for the reference as to maintenance must be left at the Master's office, together with a state of facts, and a proposal as to the amount to be allowed; where the lunatic's fortune is large, the Master will require a scheme for the future establishment of the lunatic to be laid before him, to guide him in forming an opinion with respect to the propriety and probable expense of such an establishment. The Master's report must be filed with the Clerk of the Custodies, and an office copy procured; when a petition must be preferred, for confirming the report, which will be set down in the paper of petitions in lunacy, to be heard in due course; the next of kin may consent to it by Counsel. The order, when made, will be drawn up by the Secretary of Lunatics, who requires the production of an office copy of the report, and such order must be called for at his office, by the solicitor, and filed (like other orders and reports) by the Clerk of the Custodies. Orders wherein directions are given to the Accountant-General of the Court of Chancery, must be drawn up by the register of that Court, from the original orders obtained from the Secretary of Lunatics, who delivers duplicates to be filed by the Clerk of the Custodies, at whose office copies may be obtained. Reports on which the Accountant-General is to act, must be filed in the Report Office of the Court of Chancery, and also with the Clerk of the Custodies, for which purpose the Master likewise delivers dupli cates. In order to pass the accounts of the committees, they must prefer a petition, on which an order for passing them is made in the first (k) See forms of such affidavits, post, pp. 639-644. (1) See ante, Chap. V. s. 6. instance. This petition and order thereon are filed with the Clerk of the Custodies, of which a copy must be left with the Master, together with the accounts, and warrants thereon must be obtained and served on the parties interested (m). The Master then makes a report of the balance due to or from the committee of the estate, as the case may require, which report is filed with the Clerk of the Custodies, and a petition is presented to the Lord Chancellor to have the balance reported due to the committee paid to him out of the lunatic's estate, or the balance reported due from the committee paid into Court, and laid out in the purchase of 3 per cent. Consol. Bank Annuities, which latter petition is answered in the first instance without a hearing; a duplicate of the order thereon is made by the Secretary of Lunatics to be acted on at the Register Office, and the original is filed with the Clerk of the Custodies. Every person who intermeddles in the matter of a lunatic, is intended to be interested for his advantage. Therefore, where a solicitor who had acted in some of the proceedings under a commission of lunacy, afterwards acted as attorney for a creditor of the lunatic, and issued an execution and took his household furniture, the Lord Chancellor of Ireland restrained the sale, the committee entering into security for the value of the goods, to be paid by instalments, out of the savings of the income (n). An attorney concerned in the matter of a lunacy, and as agent for an adverse party, is bound to prefer his duty to the Court in the former capacity (o). (m) See ante, Chap. V. s. 9. (n) In re Bull, 2 Molloy, 145. (0) Ibid. 146. 630 PART III. PRECEDENTS. COMMISSION OF LUNACY, AND PROCEEDINGS RELATING THERETO. Commission in the nature of a Writ De Lunatico Inquirendo. WILLIAM the Fourth, by the grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, to his beloved [the names of five commissioners are here inserted], Esqrs., greeting: Know ye, that we have assigned ye, or any three of ye, to inquire, by the oath of good and lawful men of our county of Middlesex, as well within liberties as without, by whom the truth of the matter may be better known, whether A. B. of &c., in the county of &c., is a lunatic, or enjoys lucid intervals, so that he is not sufficient for the government of himself, his manors, messuages, lands, tenements, goods, and chattels; and if so, from what time, after what manner, and how; and if the said A. B., being in the same condition, hath alienated any lands or tenements, or not; and if so, what lands and what tenements, to what person or persons, where, when, and after what manner, and how; and what lands and tenements, goods and chattels, as yet remain to him; and of what person or persons, as well the lands and tenements so alienated, as the lands and tenements by him retained, are held; and by what service, after what manner, and how; and how much they are worth by the year in all issues; and who is his nearer heir, and of what age. And therefore we command ye, or any three of ye, that at certain days and places which ye shall for this purpose appoint, ye diligently make inquisition in the premises; and the same distinctly and plainly made, to us into our Chancery, under the seals of ye or any three of ye, and the seals of those persons by whom it shall be made, without delay ye send, and these our letters patent. For we command, by the tenour of these presents, our sheriff of our county of Middlesex aforesaid, that at certain days and places which ye shall make known to him, he cause to come before ye, or any three |