OVERSEERS OF POOR (continued).

may be ordered to pay expenses incurred respecting pauper luna-
tics, ib.

may levy expenses of removal of lunatics, 551.

when sums directed to be raised by, may be levied by distress on,

552.

may appeal against an order of settlement of pauper lunatic, 555.
of parish where offence was committed, entitled to penalties re-
covered under 9 Geo. 4, c. 40, p. 558.

one of, and officiating minister, may order confinement of pauper
lunatics, 601.

of parish where offence committed, entitled to penalties recovered
under 2 & 3 Wm. 4, c. 107, p. 611. See LUNATIC Asr-
LUMS (County).

OUTSTANDING ESTATE. See BOND; SECURITY.

PARISH,

P.

bound to maintain pauper lunatics, 486.

not entitled to send persons to county lunatic asylum, unless con-
tributing to the expense, 553.

must bear expense of removal of pauper lunatics, 554. See Lu-
NATIC ASYLUMS (County); OVERSeers.

PARTITION,

by non compos may be avoided by his issue, 256.
compellable by writ, ib.

easier method provided by statute for effecting, ib.

person under disability may shew cause against judgment in, 257.
usually effected by bill in equity, ib.

PARTNERSHIP,

property of lunatic divided by private act of Parliament, 373.
not dissolved by lunacy of one of the partners, 429.

dissolution of, by lunacy, depends upon nature of the contract and
disorder, 430.

may be dissolved by bill, on account of insanity of one of the
partners, ib.

reference to the Master to inquire as to state of mind of a part-
ner, ib.

to inquire as to the best mode to be pursued with respect to
concerns of partner, found lunatic by inquisition, 431.
order for winding up concerns of, and sale of property of lunatic,

432.

one partner may be made a bankrupt, 429.

PAUPER LUNATICS. See LUNATIC ASYLUMS (County); OVERSEERS;
PARISH; VAGRANTS.

PETITIONS IN LUNACY,

to be left with the Secretary of Lunatics, 623.

days for hearing, ib.

entered by Secretary of Lunatics, 25.

Forms of,

for a commission of lunacy, 655.

for access to alleged lunatic for enabling his friends to oppose com-

mission, 658.

for production of supposed lunatic before commissioners and jury,

660.

PETITIONS (continued).

for production of affidavits filed, 661.

for delivery of lunatic until appointment of committees, 662.
for leave to traverse an inquisition, 663.

the like by husband of supposed lunatic, 664.

for reference to the Master for the appointment of committees,
667.

for the like appointment ud interim, 668.

for confirmation of the Master's report approving committees, and
for a reference as to maintenance, 669.

like petition, and for taxation of costs, 671.
against the confirmation of Master's report, 672.
for reviewing Master's report, 673.

for leave to carry in proposals for the appointment of committees,
and to have notice of proceedings, ib.

to reduce the security required on investing part of estate in the
Accountant-General's name, 674.

for leave to deposit securities in the Master's office, 675.

for enlarging the time limited for perfecting the committee's se-
curity, 676.

of the committee of the estate, for the appointment of a receiver,
677.

to confirm Master's report appointing a receiver, for transfer of
stock, inquiry as to debts, and other matters, 679.
for the appointment of a committee without a reference, &c., 682.
of wife, for increased allowance for lunatic's family, 684.

of heir-at-law and next of kin for increased allowance, 685.

to confirm report of increased allowance, 686, 687.

that stock and money belonging to the lunatic may be transferred
and paid into Court, 688.

of the committee of the estate, for a reference to inquire as to
application of money by the committee of the person,

690.

for confirming the Master's report, recommending the defence of
a bill in equity by the committee, 691.

for reference as to expediency of instituting proceedings in equity,

692.

as to accepting terms of compromise, 693.

that transcript of inquisition may be transmitted to Ireland, 694.

to refer matter for scandal and impertinence, 695.

as to lending lunatic's money on mortgage of real estate, 696.

for confirming Master's report in favour of loan, 698.

to pass accounts for one year, 700.

to

pass further account, 701.

for payment into Court of balance found due on passing accounts,
ib.

for dispensing with order for passing accounts annually, and for
payment of whole dividends for maintenance and for
costs, 702.

to pass accounts of an idiot's estate for several years, 705.
of the committee to be discharged, and to pass his final account,

706.

of lunatic's executor to pass receiver's accounts, to vacate bond,
and to transfer stock, 707.

that lunatic's will and title deeds may be deposited, and that ser-
vice on one of next of kin of lunatic may be dispensed
with, 709.

PETITIONS (continued).

of younger children of lunatic, that his will may be deposited,
and the committee examined on interrogatories, 711.
after death of lunatic, that his will may be proved, ib.

of executor of a lunatic, for transfer of stock and payment of money,

712.

to supersede a commission, 715.

for reference to inquire as to proceedings for declaring lunatic's
marriage void, 716.

appeal to the King in Council against an order in lunacy, 717.
for a reference to the Master as to granting a lease, 719.

to confirm Master's report for granting a lease, 720.

to confirm Master's report, and to complete a purchase, 737.
of a curator for a reference to inquire if party entitled to stock
had been found a lunatic, 738.

to inquire whether lunatic is trustee, 740.

for conveyance by committee, of estate vested in lunatic trustee,
741.

for the appointment of new trustees of stock in the place of a lu-
natic trustee, 742.

for transfer of stock from lunatic trustee, 744.

as to trustees, not found such by inquisition,

for reference to Master to appoint a person to convey lands
vested in lunatic trustee, 747.

to confirm Master's report, and for conveyance, 748.
for the appointment of new trustees, 750.

for transfer of stock, and payment of dividends and costs, 751.

PETTY BAG OFFICE,

officer at, will be ordered to transmit a transcript of inquisition to
the Chancery in Ireland, 22.

must receive inquest of office and file it within three days after it
has been received or offered, 78, 107.

must certify transcript of every inquisition to the Court of Exche-
quer, ib.

PHYSICIANS,

PLEA,

sometimes ordered to visit lunatics, 141.

ordered to report the state of lunatic, and direct medical attend-
ance, 143. See CERTIFICATE; COMMISSIONERS (Metro-
politan); MEDical Men.

whether party can plead his past incapacity for avoiding a deed
or contract, 264, 409.

plea to a suit in equity for setting aside a will in equity, 282.
allegation in a, 417.

POWERS,

given to lunatic cannot be executed by his committee, 189.
except powers of leasing, ib.

bare authority given to lunatic cannot be executed by committee,

ib.

PREROGATIVE. See KING.

PRESENTATION,

to livings of lunatics, belongs to the Crown, 12.

exercised by Lord Chancellor, 20.

PRESUMPTION OF LAW,

that lunatics will recover their understandings, 16.
contra as to idiots, 2.

that every man is sane until the contrary is proved, 36.
in favour of sanity, 50.

after proof of insanity, the presumption changed, ib. See Evi-
DENCE; LUCID INTERVALS.

PRIVATE ACT,

sometimes obtained for carrying into effect settlement, &c., of lu-
natic's estates, 373.

for sale and division of lunatic's partnership property, ib.

for sale of an estate to which lunatic was entitled as tenant in tail,
374.

*for granting leases, ib,

PRIVIES,

in blood, may avoid deeds on account of the incapacity of their
ancestors, 263.

in tenure and estate cannot, quære, ib.

PROBATE,

grant of, how opposed, 309.

in common form may be disputed, when, ib.
conclusive evidence of will of personalty, 306.

of party being executor, ib. See EQUITY (Court of); FRAUD;
WILLS, (9).

PRODUCTION OF NON COMPOS,

commissioners may issue warrant for, at execution of commission,
98, 625.

form of, 632.

Lord Chancellor will order, 99, 625.

form of order for, 656.

petition for, 660. See HABEAS CORPUS.

PROHIBITION,

will not lie to Ecclesiastical Court on suggestion of non compos,
305.

nor to restrain their inquiries as to testator's sanity, 306.
nor legatee's insanity, ib.

will lie to restrain party who has admitted validity of will in equity,
from afterwards disputing it in Ecclesiastical Court, ib.

PROOF IN LUNACY. See EVIDENCE.

PROVISIONAL ORDER,

as to lunatics, sometimes made, 61.

pending the determination of lunacy, 127.

as to disposal of property, ib.

as to appointment of committees, 128.

PURCHASE,

by lunatics not void but voidable, 264.

of lands ordered to be made by committees on behalf of lunatic, 183.
petition for, 736.

R.

RATES,

hospitals for reception of lunatics, not liable to, 487.

of lands purchased for county lunatic asylums not to be increas-
ed, ib., 545.

RATES (County),

chargeable with sums to be allowed visitors, under 2 & 3 Wm. 4,
c. 107, p. 593.

remuneration to clerk of the peace, 598.
balance in hand of clerk of the peace to be paid in aid of, ib.

RECEIVER

appointed, when not expedient to intrust committee with pro-
perty, 145.

where party could not give security required, ib.
where committee could not be procured, ib. 165.

not always required to give same security as committee, 146.
appointed where no person would act as committee gratuitously, ib.
where committee resides at distance from lunatic's estate, ib.
solicitor for the commission will not be appointed, ib.

may be appointed on petition only, in lunacy, 147.

the duties of, ib.

ordered to pay balances from time to time into Bank of England,
ib.

to let lunatic's estate, 148.

security given by, reduced under particular circumstances, 150.
must pass accounts annually, 174.

will be ordered to pay interest on balances at 5l. per cent., ib.
must account when called upon, ib.

not allowed sums expended, without an order of the Court, 202.
may be ordered to act after death of lunatic, 24.

appointed by Court of Chancery, pending a suit in the Ecclesias-
tical Court, 313.

RECOGNIZANCE.

idiots and lunatics may be bound by, 250. See Bond; SECURITY.

RECORD,

alienation by, binds idiots and lunatics, when and when not, 242
-255. See FINES; RECOVEries,

RECOVERIES.

idiots and lunatics should not be allowed to suffer, 247.
but if permitted to do so, are valid, 248.

averment against recovery of lunatic by attorney admissible, ib.
deed making tenant to the præcipe may be avoided on account
of incapacity, 249.

if vouchee becomes insane after execution of warrant of attor-

ney, recovery will not be passed, 250.

if one vouchee becomes insane, recovery may pass as to the others,

ib.

cannot be avoided for error after twenty years, ib.

saving of five years to lunatics, 250.

relief in equity against, when obtained by fraud, 252.

issue directed to try capacity of party who has suffered, ib.

RECOVERY OF LUNATIC,

commission may be superseded on, 204. See SUPERSEDEAS.
cannot avoid a purchase on, 264.

settlement directed to be made by fine on, 245.

entry against a fine, must be within five years after, 246. See

LIMITATIONS.

forms of affidavits as to, 648, 652. See AFFIDAVITS (Forms of),

REFERENCES TO THE MASTER,

to inquire whether sum allowed for outfit had been properly ap-
plied by committees, 143.