L U N A T 1 C. 



fuch juflices out of feflions may appeal to the next fefiions, 

 giving reafonable notice ; wliofe order therein (hall be 

 fiRal. 



And nothing herein (hall reftrain or abridge tlie power of 

 the king or lord chancellor ; nor (hall reftrain or prevent 

 any friend from taking them under their own care and pro- 

 teftion. 



But the above parts of the aft relate to vagrant lunatics 

 only, who arc liroUing up and down the country, and do 

 not extend to pcrfons, who are of rank and condition in the 

 world, and whofe relations can take care of them properly 

 by applying to the court of chancery. 2 Atk. Rep. 52. 

 See Madhouses. 



When a perfon is legally found to be non-compos, (fee 

 Non-compos,) the lord chancellor ufually commits the 

 care of his perfon, with a fuitable allowance for his main- 

 tenance, to fome friend, who is then called his committee, 

 which fee. However, to prevent finillcr pradiccs, the next 

 heir is feldom permitted to be this committee of the perfon ; 

 becaufe it is his intcreft that the party (hould die. But it 

 hath been faid, there lies not the fame objeftion againll his 

 next of kin, provided he be not his heir ; for it is his in- 

 tereft to prefcrve the lunatic's life, in order ta increafe the 

 perfonal eftate by favings, which her or his family may 

 be hereafter entitled to enjoy. (2 P. Wms. 638.) The 

 heir is generally made the manager, or committee of the 

 ellate, it being clearly his intcreft by good management to 

 keep it in condition ; accountable, however, to the court of 

 chancery, and to the non-co/npos himfelf, if he recovers ; or 

 otherwifc, to his adminiftrators. In this care of idiots and 

 lunatics, the civil law agrees with ours ; by affigning i;hem 

 tutors to proteft their perfons, and curators to manage 

 their eftates. But in another inftance the Roman law goes 

 much beyond the Englifh. For, if a man by notorious 

 prodigality was in danger of wafting his eftate, he was 

 looked upon as non-compos, and committed to the care of 

 curators or tutors by the praetor. And by the laws of 

 Solon fuch prodigals were branded with perpetual infamy. 

 But with us, when a man on an inqueft of idiocy hath been 

 returned an unthr'ijt and not an idiot, (which fee,) no fur- 

 ther proceedings have been had. Bro. Abr. til. Idiot 4. 



By 29 Geo. II. c. 31, a lunatic may furrender a leafe in 

 the court of chancery or exchequer, in order to renew 

 the fame. Alfo, by direftion of the lord chancellor, he 

 may accept a furrender of fuch leafe, and execute a new 

 one. II Geo. III. c. 20. 



By 43 Geo. III. c. 75. whereas great injury fre- 

 quently happens to perfons found lunatic or of unfound 

 mind, and incapable of managing their affairs, and the 

 creditors of fuch perfons are delayed in obtaining payment 

 of their demands for want of fufficient power to apply the 

 property of fuch perfons in difcharge of their debts and 

 engagements, it is enafted that it ftiall be lawful for the lord 

 chancellor, lord keeper, or lords commifiioners for the 

 cuftody of the great feal, to order the freehold and leafe- 

 hold eftates of fuch perfons refpeftively to be fold, or 

 char^red by way of mortgage or otherwife, for raifmg 

 fuch fum of money as ftiall be neceffary for payment of the 

 debts, and for performing the contracts or engagements of 

 any fuch pcrfons refpedlively, and [of] the cofts and charges 

 attending the fame, and attending fuch lale or incumbrance 

 refpeftively, and to direcl the committee or committees of 

 the eftate of fuch perfons refpeftively to ex'."cute in the 

 name and on behalf of fuch perlons conveyances of the eft.ites 

 fo to be fold or incumbered, and to procure fuch admittance 

 to and make fuch furrenders of the copyhold eftates of fuch 

 psrfoas found lunatic or of unfound mind, and to do all 



2 



fuch afls as fhall be riecefTary to effectuate the fame in fuch 

 manner, as fuch chancellor, &c. ftiall direit ; which con- 

 veyances fliall be as good in law, as if the fame had been 

 executed by every fuch perfon when in his or her found 

 mind. 



And in cafe of any furplus of money to be raifed by any 

 fuch fale as aforefaid, after anfwering the purpofes afore- 

 faid, the fame ftiall be applied in the fame manner as the 

 eftate fold would have been applied, if this aft had not been 

 made. 



And whereas many fuch perfons may be feifed and pof- 

 fefled of freehold and copyhold lands, 5:c. either for the 

 term of their natural lives or for fome other eftate, with 

 power of granting leafes and taking fines, referving fmall 

 rents on fuch leafes for one, two, or three lives, in poffeffion 

 or reverfion, or for fome nuinber of years determinable 

 upon lives, or for terms of years abfolutcly ; be it enafted, 

 that in every fuch cafe every power of leafing fuch lands, 

 &c. which is or ftiall be vefted in fuch perfon, having a li- 

 mited eftate only, fhall and may be executed by the committee 

 or committees of the eftate of fuch perfon, imder the di- 

 rection and order of the lord chancellor, lord keeper, or 

 lords commiffioriers ; and fuch leafe or leafes ftiall be as 

 good in law, as if the fame were executed by the faid perfon 

 in his or her found mind. 



And whereas perfons fo found lunatic or of unfound 

 mind may be feifed or poftefled of, and entitled to free- 

 hold or cOpyhold eftates, in fee or in tail, and an abfolute 

 intcreft in leafchold eftates, and it may be for their benefit 

 that leafes or under leafes fhould be made of fuch eftates 

 for terms of years, and efpecially to encourage the ereftion 

 of buildings thereon, or repairing buildings adually be- 

 ing thereon, or otherwife improving the fame ; be it enafted, 

 that it fhall be lawful for the lord chancellor, &c. to order 

 and direft a committee or committees of the eftate of fuch 

 lunatic to make fuch leafes of the freehold, copyhold, or 

 Icafehold eftates of fuch perfons refpeffively, according to 

 his or her intcreft therein, and to the nature of the tenures 

 of fuch eftates, for fuch term or terms of years, and fubjeft 

 to fuch rents and covenants, as the lord chancellor, &c. 

 fhall direft ; and that every fuch leafe fhall be as good in 

 the law, as if the fame had been executed by fuch per- 

 fons in his or her found mind. 



Every aft to be done by fuch committee or commitees 

 by virtue of this aft, and the order of the lord chancellor, 

 &c. ftiall be as valid and binding agamft the faid perfons fo 

 found lunatic and of unfound mind refpeftively, and all per- 

 fons claiming by, throug'n, or under him or her refpeftively, 

 as if the perfons fo found lunatic or of unfound mind re- 

 fpeftively had been in his or her found mind, and had per- 

 fonally done fuch aft or afts refpeftively. 



Provided neverthelefs, that nothing herein ftinli extend to 

 fubjeft any part of the freehold, copyhold, or leafehold 

 eftates of any perfon found lunatic or of unfound mind, to 

 the demands of his creditors, otherwife than as the fame are 

 now fubjeft; by due courfe of law ; but only to authorife 

 the lord chancellor, lord keeper, or lords commiffioners for 

 the cuftody of the great feal of the united kingdom and of 

 Ireland refpeftively, being intrufted by virtue of the king's 

 fign manual with the care and commitment of the cuftody 

 of the perfons, and eftates of perfons fo found lunatic or 

 of unfound mind, to make order in luch cafes as are herein- 

 before .iientioned, when the (ame fhall be deemed for the 

 benefit of fuch perfon fo found lunatic or of unfound mind, 

 and incapable of managing his or her affairs. 



To make a will, it is not fufficient that the teftator have 

 memory to anfwer to familiar and ufual quelUons, but 



he 



