laid out by the Accountant-General in the purchase of Bank 31. per cent. Annuities, in trust in the matter, and the trusts to be declared accordingly; and the dividends from time to time to accrue on such stock were ordered to be from time to time laid out in like manner (0).

The Lord Chancellor made an order, founded on the Master's report, that the receiver of the lunatic's estate should be at liberty to manage as well as to let the estates of the lunatic to such persons, at such rents, and for such periods, as the Master should approve of, subject to further order (p).

SECTION V.

Of the Security required of the Committee of the Estate.

IN order to afford due protection to the property of lunatics, and to prevent its misapplication, the committees of their estates are required to enter into recognizances, together with two responsible persons as sureties, in double the amount of the annual rents and profits of the estates, and of the outstanding property, for answering and duly accounting for them once in every year, or oftener if required. When executed, the recognizances are deposited with the clerk of the custodies.

It is the duty of the Attorney-General, on behalf of the Crown, to settle the amount of the requisite security; to approve of the sureties; and to see that the recognizances are properly executed and filed with the clerk of the custodies.

Even the eldest son and heir-at-law of a lunatic will not be appointed one of the committees of his estate without giving security, unless the Master reports that no person can be found to act as committee, who will give security. The eldest son and heir-at-law of a lunatic having been appointed one of the three committees of his estate, and not having perfected his securities within the time li

(0) In re Rosomon, 13 Aug. 1828. (p) In re Webb, 12 July, 1828.

mited, presented a petition praying that it might be referred back to the Master to certify who were the most proper persons to be committees jointly with the petitioner, without giving security; and that it might be referred to the Master to appoint a receiver of the rents, such receiver giving the usual security. But the Lord Chancellor said, that he could not appoint a committee without security, unless the Master reported that no person would act as committee, who would give security; and it was referred back to the Master to appoint committees of the lunatic's estate (9).

In cases where the lunatic's property is very small, and can be transferred into the name of the Accountant-General of the Court of Chancery, or otherwise satisfactorily secured, the usual security required of committees has been dispensed with. Thus, where the property of a lunatic was reported by the Master to consist only of 8721. 4 per cent. Bank Annuities, and 1007. 3 per cent. Bank Annuities, the brother of the lunatic was appointed committee of the person and estate of the lunatic, without entering into any security until further order, and the stock was ordered to be transferred into the name of the Accountant-General (r). And, in another case, where it appeared that the lunatic was possessed only of 1,4597. Bank 3 per cent. Annuities, standing in the name of the Accountant-General, and 1977. cash; on the death of the former committee, a new one was appointed without giving any security; and the residue of the cash, after payment of certain costs, was ordered to be invested in the purchase of like annuities (s).

An inventory of the property, verified by oath, is left with the clerk of the custodies for the inspection of the AttorneyGeneral, who will seldom approve of sureties objected to by any of the parties interested. With a view to reduce the amount of the requisite securities, stock standing in the name of the lunatic, or any part of his outstanding estate, which can be paid into Court, may be transferred into the name of the Accountant-General in trust in the matter.

The time for perfecting the security required of the committees is sometimes enlarged. An order for this purpose (q) In re Frank, 2 Russ. 450. (r) In re Hicks, 25 Feb. 1825.

(s) In re Lee, 12 May, 1825.

was made where several mortgages, bonds, and promissory notes had been deposited in the Master's office, and the amount of the security required thereby reduced (t). And a similar order was made, where, partly owing to the largeness of the amount of the security required, and partly owing to the absence in France of one of the intended sureties, the security had not been perfected within the time limited (u).

Where the committee of the estate, through inadvertence, had omitted to complete the security required, the time for doing so was enlarged (v). And where a petition stated that one of the committees was in Ireland, and could not, without much inconvenience, return to England for three months, when the necessary sureties would be procured, the time for completing the security was enlarged (w).

Under particular circumstances, after the execution of the bond, such as the reduction of the outstanding estate, the original bond may, upon application, be given up, and security to a less amount taken (x).

The committee may petition to have his first bond delivered up, and to change the security by giving a greater; but, though this has the appearance of being intended for the benefit of the lunatic's estate, yet the application will not be granted without strict examination, lest the specious offer should cover, or afford the means of effecting, a fraud; for if, when the first bond was given up, no account had been rendered of part of the profits, there would be no remedy but from the time when the last bond was taken (y). An order for reducing the security given by a receiver of a lunatic's estate has also, under particular circumstances, been made.

On the petition of the committee and receiver of a lunatic's estate, it was referred to the Master to reduce the security entered into by the receiver of the lunatic's estate

(t) In re Jones, 13 Aug. 1827. (u) In re Clare, 13 Aug. 1827. (v) In re Arrowsmith, 22 Oct. 1828.

(w) In re De L'Isle, 1 Nov. 1828.

(x) Ex parte Northleigh, 2 Ves.

sen. 673.

(y) Ex parte Pereira, 2 Ves. sen.

674.

and his sureties, (in consequence of the transfer and payment into the name of the Accountant-General, and the deposit of the mortgage and other securities, as had been directed by a former order), to an amount corresponding with the condition of the estate and effects of the lunatic. And afterwards, an order was made, that the petitioner and his sureties should be at liberty to enter into fresh security, to the approbation of the Master, for answering the estate of the lunatic, and accounting for the rents and profits thereof once in every year, or oftener if required; and that the former recognizance entered into by the petitioner and his sureties, be vacated and discharged; and that the clerk of the inrolments should attend the Master of the Rolls with the inrolment of the recognizance for that purpose (≈).

When the executors or administrators of a deceased committee have passed his accounts before the Master, and paid the balance into Court, the recognizance will be delivered up by the clerk of the custodies to be vacated and cancelled.

On the recovery of the lunatic, after the commission has been superseded, the recognizance will be delivered up to be vacated and cancelled, on the committee passing his accounts, and paying the balance to the lunatic.

Upon the death of a lunatic, the bond will be delivered up to be vacated and cancelled, on the committee passing his accounts and paying the balance into Court, or to the representatives of the deceased lunatic. In case the committee makes default in passing his accounts when required, the recognizance may be put in suit against him and his sureties.

The Court of Exchequer refused to grant a fiat for an extent, on an application made by a committee of a lunatic against a preceding committee (on the usual bond to the Crown), where he had been declared a bankrupt under a commission of bankruptcy, issued against him so long as ten years before the application. The remedy of the party is by scire facias (a).

Where both the committee and sureties reside in Scot(z) In re Palmer, 6 Nov. 1828. (a) In re Lacy, 10 Price, 135.

land, the Chancellor's jurisdiction does not reach them, and proceedings for enforcing the bond must be instituted in the Courts in Scotland; and the sum recovered in such an action will be lodged in a bank there, to await the orders of the Lord Chancellor (b); and in order to enforce the security in such cases, the clerk of the custodies will be required to deliver up the bond to be put in suit against the committees and their sureties.

If the committee should disobey an order for payment of what has been found due from him, the Chancellor, if he thinks fit, may enforce the order by attachment (c).

A question, which it became unnecessary to decide, was raised in a recent case (d), whether the usual bond to the Crown entered into by the committee of a lunatic, be an obligation of the same force and effect as a statute staple within the 33 Hen. 8, c. 39, s. 50.

SECTION VI.

Of the Allowance for the Maintenance of Lunatics, and their Families.

AFTER the committees have been appointed, and perfected their security, the usual course is, for the Lord Chancellor on petition to refer the matter to the Master in Chancery (to whom it stands referred by the former orders), to settle what will be proper to allow for the maintenance of the lunatic out of his estate.

The usual form of reference on such occasion is, "to inquire and certify what is the situation of the lunatic, and the nature of his lunacy, and of what the fortune of the lunatic did at the time of issuing the commission of lunacy

(b) Erskine's Inst. by Ivory, 202, 706. n. 245.

(d) Rex v. Lambe, M'Cleland's (c) Ex parte Grimstone, Ambl. Rep. 402.