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ORDERS IN LUNACY,

December 1, 1845.

I, JOHN SINGLETON, BARON LYNDHURST, Lord High Chancellor of Great Britain, by virtue of an Act of Parliament passed in the ninth year of the reign of Her present Majesty, intituled "An Act for the Regulation of the Care and Treatment of Lunatics," and for the purpose of making immediate provision for carrying the same into effect, hereby Order and Direct in manner following, that is to say:—

I.-That every Report, made by either of the Masters in Lunacy as to the Lunacy of any person, in pursuance of any direction given by the Lord Chancellor under the provisions of the above-mentioned Act of Parliament (1), be, within one calendar month from the date thereof, filed by the Clerk of the said Masters in Lunacy with the Secretary of Lunatics, and be submitted to the Lord Chancellor for confirmation.

II. That when any such Report, finding the person therein named to be a Lunatic, shall have been so confirmed, either of the said Masters do, from time to time, and without any special Order in the matter, inquire and report, who is or are the heir or heirs-at-law and next-of-kin of the Lunatic, and the person or persons who would be entitled to his estate, or to shares thereof under the Statute for the Distribution of Intestates' Estates, in case he were, at the date of such inquiry, dead intestate, to whom due notice of attending the Master in Lunacy is to be given; and also inquire and report, what is the situation of the Lunatic-and the nature of the Lunacy, and who is the most fit and proper person to be appointed the Guardian of such Lunatic,and who is the most fit and proper person to be appointed Receiver of the Estate of such Lunatic, -and of what the fortune of the Lunatic consists,and what is the amount of income arising therefrom, and in what manner, and at what expense, and by whom, and where the Lunatic has been maintained, and whether anything and what is due, and to whom, in respect of such past maintenance, and to whom, and out of what fund arising from income the same ought to be paid, and what is fit and proper to be allowed for the maintenance and support of the Lunatic for the time past and to come, regard being had to the circumstances and estate of the Lunatic, and from what time such allowance should commence: Provided always, that either of the said Masters may, after such direction

(1) See 8 & 9 Vict. c. 100. s. 95.

given by the Lord Chancellor and before the confirmation of such Report as aforesaid, if it shall to such Master seem expedient, commence and take Evidence as to all or any of the aforesaid inquiries.

III. That either of the said Masters in Lunacy be at liberty, after the confirmation of such Report under the said Act as aforesaid, to receive any proposal or conduct any inquiry, as to the protection, care, and management of the person or estate of the person in such Report found to be a Lunatic, and may report thereon as to such Master shall seem fit; but every such Report shall be submitted for confirmation, as is done with respect to Reports when made on Special Reference.

IV. That every Receiver to be appointed under the provisions of the said Act or his legal personal Representatives, as the case may be, do, from time to time, without any special Order in the Lunacy for that purpose, attend before one of the Masters in Lunacy, and have an account of his or their receipts and payments, for and on account of the Lunatic and his estate taken and passed, and that, in taking and passing such Accounts, the Master in Lunacy make unto the Receiver or his legal personal representatives, as the case may be, all just allowances, including an allowance of his and their reasonable and proper costs, charges, and expenses, and those of the next-of-kin of the Lunatic, of passing such accounts. And that the General Orders, Rules and Regulations, for the time being in force, with respect to the Accounts of Committees and Receivers of the Estates of Lunatics found such by Inquisition, and the Balances thereon, shall so far as the same may be applicable, be in force with respect to the Accounts of Receivers of the estates of Lunatics under Certificate, and the balances thereon.

V. That either of the Masters in Lunacy may, from time to time, determine, whether all or how many and which of the next-of-kin, or of the heirs of any such Lunatic as aforesaid, shall, unless at

their own costs, attend before the Masters in Lunacy on any proceedings in the Lunacy, and that no other of such parties shall be allowed costs out of the estate, unless by Special Order for that purpose.

VI. That either of the Masters in Lunacy be at liberty, from time to time, and at the request of any party or otherwise, to make separate Reports or a separate Report, and to state any circumstances as to the subject-matter of the Report specially, as he shall think fit.

VII. That the protection, care, and management of the person and estate of every such Lunatic as aforesaid, shall continue for six months, after such person shall cease to be detained as a Lunatic upon an Order and Certificates, or Order and Certificate, as the case may be, unless the Lord Chancellor shall in any case, by Order in the particular matter, otherwise direct.

VIII. That until further Order, the Clerks to the Masters in Lunacy and the Secretary of Lunatics, take and receive, for the business done under the said Act, the like fees to those for the time being received and taken by them respectively, for the like business, under or by virtue of the Act passed in the 5th and 6th years of the reign of her present Majesty (2), intituled An Act to alter and amend the Practice and Course of Proceeding under Commissions in the nature of Writs de Lunatico Inquirendo,' and that all fees so taken and received be, once in every month, paid into the Bank of England to the credit of the Accountant-General of the Court of Chancery to the account entitled, "The Suitors' Fee Fund Account," together with, and as part of the fees payable under the said last-mentioned Act, and be applied as part of such last-mentioned fees. LYNDHURST, C.

(2) 5 & 6 Vict. c. 84.

REPORTS

OF

Cases in Bankruptcy,

ARGUED AND DETERMINED IN THE COURT OF REVIEW, AND BEFORE THE LORD CHANCELLOR.

BY

BENEDICT LAWRENCE CHAPMAN, Esq.

BARRISTER-AT-LAW.

FROM MICHAELMAS TERM, 1845, TO TRINITY TERM, 1846,
BOTH INCLUSIVE.

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