Page images
PDF
EPUB

INDEX.

ACCESS TO LUNATICS,

physicians ordered to have, before issuing of commission, 62.
to enable supposed lunatic and his friends to conduct his defence,
order may
be obtained for, 98, 625.
petition for, 658.

will be refused to party having no pretence to demand, 397.
not granted quia timet to party entitled in default of appointment,
398.

where refused by Lord Chancellor, 483.

application should be made to Lord Chancellor for, 400.

petition that, during execution of commission, counsel may have,
657.

order for, 658.

may be ordered by Lord Chancellor, &c., 608.

ACCOUNTS,

by Secretary of State, ib.

bankrupt committee ordered within a limited time to pass, 170.
to be passed by committees from time to time, 171.

Masters in Chancery to certify annually state of committees' and
receivers', ib. 756.

the above rule when dispensed with, ib.

reference to the Master to decide as to passing together se-

veral years', 172.

balances in committees' hands to be seen on passing, ib.

annual rests sometimes directed in passing, 173. See INTEREST.
notice of passing must be given to heir-at-law and next of kin of

lunatic, 175.

assignees of bankrupt, 176.
to be passed on death of surety, or of committee, or of non com-
pos, 177.

on commission being superseded, ib.

to be taken of partnership property of lunatic, 432.
petitions for passing, 700-709. See PETITIONS.

ACTIONS,

(1) By Lunatics,

idiots and lunatics may sue, 395.

must be in their own names and carried on by others, ib.
idiot plaintiff must appear in person, ib.

reference to the Master as to commencing, 396.

person may be held to bail on oath of committee, ib.

judgment may be entered for lunatic on affidavit of another, ib.

cannot be maintained in Scotland in the name of committee, ib.

ACTIONS (continued).

against medical man for taking party into custody without ex-
amination, 400.

for maliciously signing a certificate of insanity, 402.

suing out commission, ib.

for detaining a party as a lunatic without cause, ib. See LIMI-

TATIONS.

(2) Against Lunatics,

for damages in trespass, will lie, 407.

defendant not discharged from custody on account of insanity, ib.
nor bail, ib.

enlargement of time for rendering a lunatic in discharge of bail, ib.
service of declaration on lunatic in custody, 408.

reference to the Master as to defending, ib.

supersedeas of action against an idiot, 409.

lunacy no defence except party has been imposed upon, 411.
cannot be set up by relations in, 413.

fraudulent advantage taken of mental imbecility good defence
in, 414.

ADJUNCTS, (Commission of),

when issued, 310.

ADMINISTRATION,

granted to another when executor becomes insane, 336.
usually to his committee, ib.

may be revoked on grantee becoming insane, ib.
granted to committee during the lunacy, 337.

to residuary legatee during lunacy of executor, ib.
to joint executor on his sureties justifying, ib.
granted to another may be revoked on recovery of the lunatic, 338.

ADULTERY,

proceedings may be instituted by committee against lunatic's wife
for, 456.

ADVANCEMENT,

reference to Master to inquire as to sums for, 155. See CHILDREN.

AFFIDAVITS,

before whom to be sworn, 623.

where filed, ib. 639, 645, n. (k).

AFFIDAVITS, (Forms of),

in support of petitions for commissions of lunacy, 639.

of a physician having examined a party and found him to
be of unsound mind, ib.

of another physician as to the unsoundness of mind, 640.
affirmation of the keeper of a lunatic asylum as to insanity,

641.

of a surgeon as to mental imbecility arising from old age, 641.
of a nephew residing with his uncle, as to his incapacity
to manage his affairs, 642.

of a physician as to unsoundness of mind, arising from deli-
rium, 643.

AFFIDAVITS, (Forms of), (continued).

of unsoundness of mind arising from old age, erroneous per-
ceptions, and loss of memory, 643.

of a surgeon as to unsoundness of mind from loss of memory,

644.

of the value of the lunatic's property for settling the committee's
security, 645.

of the sufficiency of the sureties, ib.

of the execution of the bond by the committee and his sureties,

646.

Of the service of a copy of a petition and order, ib.

of notice of hearing petition, 647.

of notice of motion, ib.

of petition to supersede, 651.

in support of petitions to supersede commissions, 648.
of the sanity of a late lunatic, 648.

of a physician as to recovery of lunatic, ib., 649.
affirmation of quaker as to sanity of party, 650.
of wife of her husband's recovery, 651.

of the sanity of late lunatic, 652.

in support of petitions for conveyance before inquisition, ib. 654.

AGREEMENT,

entered into by lunatic when of sound mind will be enforced, 428.
may be completed by the committee, by the Lord Chancellor's
order, 429.

for sale of lunatic's estates carried into effect or rescinded, 370.
reference to the Master as to, 371.

issue directed to try sanity of party at time of executing, 428. See
CONTRACT.

ALLOWANCE FOR MAINTENANCE. See COMMITTEES (4); MAIN-

ANNUITY,

TENANCE.

order to purchase for lunatic a government life, 198.

committee ordered to raise money for payment of lunatic's debts
by sale of, 361.

ANSWER,

to grant, to eldest son of lunatic on his life estate, 370.

form of, by lunatic and his committee, 780.
SUITS AGAINST LUNATICS.

See GUARDIAN;

APPEAL,

in lunacy to the King in Council, 19.

case now pending before Privy Council, 219.
petition of, 717.

against the appointment of committees lies to King in Council, 136.
previous proceedings reversible by writ of error, ib.

from judgment of King's Bench on a traverse by writ of error, 19.
petition of, to House of Lords must be within five years, 424.

by lunatics within five years after coming of sound mind, ib.
to quarter sessions given to persons aggrieved by acts done or
omitted to be done by justices under the 9 Geo. 4, c. 40,
552, 558.

given to persons aggrieved by acts done by justices under
the 2 & 3 Will. 4, c. 107, 611.

APPRENTICE,

becoming non compos may be discharged, 487.

ARBITRATOR,

a non compos cannot be, 493.

ARRAIGNMENT. See CRIMINAL OFFENCES BY LUNATICS.

ARREST. See ACTIONS AGAINST LUNATICS.

ASYLUMS. See INSANE PERSONS; LUNATIC ASYLUMS (County), LUNA-
TIC ASYLUMS IN IRELAND; MADHOUSES IN SCOTLAND.

ATTACHMENT,

orders in lunacy may be enforced by, 17.

ATTORNEY,

idiot cannot traverse by, 118.

lunatic may traverse by, ib.

idiot bound if pleading by, 395.

a non compos (idiot excepted) may defend by, 396.

power of, executed by non compos, void, 257.

a non compos incapable of acting as solicitor or, 493.

recovery by, suffered by a non compos may be avoided, 248.
concerned for lunatic and an adverse party, is bound to act for

former, 629.

concerned in a lunacy and taking affidavits before himself, dis-
allowed costs, 178.

has a lien on lunatic's estate for payment of costs, 177. See
COSTS; FEOFFMENT.

ATTORNEY GENERAL,

BAIL,

commission may issue on information of, 93.

joins issue on a traverse, 115.

form of, 666.

security required of committees settled by, 148.

inventory of lunatic's property to be left with, 149.
information for account of lunatic's property by, 222.
for contriving marriage of an idiot by, 457.

B.

not discharged because defendant has become insane, 407..
enlargement of time for rendering insane debtor in discharge

of, 408.

habeas corpus for bringing up lunatic in discharge of, ib.

BANKRUPT,

committee of the person may be removed on becoming, 168.
not always removed on that account, ib.

committee of the estate may be removed on becoming, ib.
sometimes suspended until he has obtained certificate, 169.
ordered to be examined on interrogatories, ib.

assignees of, ordered to deposit papers in Master's office, ib.
notice of passing accounts must be given to, 176.

« PreviousContinue »