The cases which have been reported since this work went
to press, and which could not be inserted in the places to
which they would otherwise have been allotted, will be found
in notes to the Precedents, and in the Addenda.

In consequence of the act for regulating the treatment of
insane persons not having been passed until after the other
statutes in the Appendix had been printed, that act does not
appear in the order in which it otherwise would, but is placed
after the statutes relating to Ireland and Scotland (g).

Such modern precedents, selected in almost every in-
stance from cases of actual occurrence in practice, explana-
tory of other parts of the work, as it was thought would be
useful to members of the Profession not already versed in
this branch of practice, are inserted in the Appendix, with
some Bills of Costs recently taxed by one of the Masters of
the Court of Chancery.

MIDDLE TEMPLE,
Oct. 10th, 1832.

(g) It may be proper to observe, that the Lord Chancellor has, under
that of the 2 & 3 Will. 4, c. 107, appointed the Right Hon. Lord
Ashley, the Right Hon. Charles Watkins Williams Wynn, the Hon. Bartho-
lomew Bouverie, Sir George Francis Hampson, Bart., Robert Gordon, Esq.,
Vernon Smith, Esq., Geo. Byng, Esq., Charles Ross, Esq., Col. James Cli-
therow, James Wm. Mylne, Esq., Bryan Waller Proctor, Esq., Francis
Baring, Esq., the Rev. Dr. George Shepherd, the Rev. Archibald Mont-
gomery Campbell, Dr. Thomas Turner, Dr. John Bright, Dr. Henry Her-
bert Southey, Dr. John Robert Hume, and Dr. Edward James Seymour,
to be" the Metropolitan Commissioners in Lunacy," during the space of
one year, for licensing and visiting all houses within the jurisdiction of the
said Commissioners, and for carrying into effect the various other provisions
of the said act. Robert Browne, Clerk and Treasurer, 19, Margaret-street,
Cavendish-square.-London Gazette, Sept. 14, 1832.

OF THE JURISDICTION REspecting idiOTS, LUNATICS,

AND PERSONS OF UNSOUND MIND.

SECTION I. Of the prerogative of the Crown

II. Of the jurisdiction of the Court of Chan-

OF EVIDENCE RESPECTING THE EXISTENCE OF INSANITY.

1. The law requires satisfactory evidence of insanity

2. The object of judicial investigations of insanity.

3. The test of unsound mind ought to be fixed as far

"as possible.

4. Definition of sound and unsound mind.

5. Delusion the test of insanity

6. Partial insanity

7. Eccentricity usually accompanies partial insanity

8. The burthen of proof of insanity lies on those as-

serting its existence.

47

50

9. Length of time before sanity of party is ques-

tioned raises a strong presumption in favour

of his acts

52

10. Cases of doubtful evidence are to be tried by the

test of collateral circumstances

Page

55

57

59

11. How far suicide is to be considered as evidence of

insanity

12. Evidence of insanity in other members of the

family not admissible.

13. Control over persons represented to be insane not

to be assumed without necessity

14. Duty of Lord Chancellor to require evidence of

insanity previously to issuing the commission

of lunacy

15. Inquisitions of lunacy how far evidence of insanity

against third parties

16. Coroner's inquest how far evidence of insanity

17. Evidence of the capacity of a party to do one act

not conclusive as to another triable by a dif-

ferent jurisdiction.

18. Persons skilled in a particular science may give

evidence of their opinions on facts respecting it

19. The evidence of medical men in cases of insanity

CHAPTER IV.

OF THE COMMISSION OF LUNACY.

SECTION I. To whom, and in what manner, authority

is given to inquire whether persons are

lunatics.

II. Of the circumstances under which the com-

mission of lunacy may be issued

74

86

III. Upon whose application the commission of

lunacy may be directed to issue

92

IV. Of the execution of the commission of lu-

пасу

95

108

V. Of the inquisition under the commission

of lunacy

VI. Of traversing the inquisition of lunacy 112

CHAPTER V.

OF THE COMMITTEES OF THE PERSONS AND ESTATES OF

LUNATICS.

SECTION I. Of the appointment of committees

II. Of the committee of the person

III. Of the committee of the estate

Page

144

IV. Of the appointment of a receiver of the lu-

natic's estate

145

V. Of the security required of the committee

of the estate

148

VI. Of the allowance for the maintenance of

lunatics and their families

152

VII. Of the allowance for trouble to the commit-

tees of the estates of lunatics.

162

166

VIII. Of the removal of committees

IX. Of passing the accounts of committees

X. Of the powers and duties of the committee

XI. Of superseding the commission of lunacy 204

XII. Of the delivery of the possession of the es-

tates, and transfer of the funds, belong-

ing to lunatics after their death

XIII. Of the conversion of the real and personal

estates of lunatics, as between their real

and personal representatives

OF THE ALIENATION OF ESTATES BELONGING TO LUNATICS.

SECTION I. Of alienation by matter of record.

II. Of alienation by deed

III. Of proceedings in Courts of Equity, for

avoiding the deeds and contracts of lu-

natics and persons of weak minds

CHAPTER VII.

OF THE WILLS AND TESTAMENTS OF LUNATICS,

1. Of the capacity requisite for making wills, and
the evidence of such capacity

2. The capacity of testators as to real estate, is de-

termined at common law

3. Wills of real estate not set aside in equity, on the

ground of insanity, without a trial at law

4. Of costs incurred in disputing wills, on the ground

of the testator's insanity

288

5. Of wills made during lucid intervals

6. Of wills impeached on the ground of the partial

insanity of testators

289

296

7. Jurisdiction of the Ecclesiastical Courts in deter-

mining the validity of wills of personalty.

305

8. Of the mode of proving and disputing wills in the

Ecclesiastical Courts

Page

309

9. Of the appointment of a receiver by the Court of

Chancery, pending a suit in the Ecclesiastical

Court, respecting the validity of a will

10. Of relief in equity, against a probate obtained by

fraud

11. Of wills obtained through the agency of the party

benefited, and by undue influence practised on

persons of imbecile mind

12. Of depositing the testamentary papers of lunatics

in the Master's office, and of granting probate

of the wills, and letters of administration of the

effects of lunatics

CHAPTER VIII.

313

314

317

334

OF THE ALIENATION OF THE ESTATES OF LUNATICS, BY THE

DIRECTION OF THE LORD CHANCELLOR, OR OTHER PER-

SONS INTRUSTED BY THE KING'S SIGN MANUAL WITH THE

CARE AND COMMITMENT OF THE CUSTODY OF THE PERSONS

AND ESTATES OF LUNATICS.

SECTION I. Of leases of the estates of lunatics

II. Of the sale and mortgage of the estates of

lunatics, for the payment of their debts

and other purposes

1. Of provision for payment of debts

2. The statutes authorizing sales and mort-

III. Of conveyances of estates, and the trans-

fer of funds, vested in lunatics as trus-

tees or mortgagees

1. The repealed statutes authorizing con-

veyances and transfers

2. The statute now in force

3. The course to be pursued for obtaining

conveyances and transfers of estates

vested in lunatics so found by inqui-

sition

4. Conveyances and transfers from luna-

tics not so found by inquisition

5. Of the appointment by the Lord Chan-

cellor of new trustees in the place of

lunatics

339

355

ib.

359

365

372

375

ib.

377

380

382

386