payment of the purchase-money into the Bank of England to the account of the commissioners for the reduction of the national debt, to execute a proper conveyance to the purchaser; and the purchase-money, and the produce of stock belonging to the lunatic, were directed to be applied in satisfaction of such contracts for redemption. And the Lord Chancellor added a declaration, that the order was made without prejudice to any question between the coheirs-at-law and next of kin of the lunatic, out of what estate the considerations for the aforesaid contracts should be provided for (o). In another case, after an order for redeeming land-tax had been made, it was referred to the Master to settle and approve of a proper mortgage for securing, the consideration for redeeming land-tax upon the lunatic's estate, in trust for the next of kin of the lunatic, in case he should die intestate, or for such persons as would be entitled to his personal estate (p). And the produce of timber directed to be cut upon the lunatic's estate was in another case directed to be applied in redeeming the landtax (q). By statute 11 Geo. 4 & 1 Will. 4, c. 65, s. 26, the committee of the estate of any lunatic, with the approbation of the Lord Chancellor, intrusted as therein mentioned, to be signified by an order to be made on the petition of such committee in a summary way, may enter into any agreement on behalf of such lunatic which the guardian of an infant might have entered into on behalf of an infant by virtue of the statute of the 1 Geo. 1, c. 10, s. 9, for making more effectual the provisions for augmenting the maintenance of the poor clergy. If a power coupled with an interest, or a mere naked authority, devolves upon idiots or lunatics, it is in most cases. suspended during the continuance of such disabilities (r); and therefore the committees of lunatics cannot execute powers given to lunatics, and, previously to the statute See post, s. 13. (0) In re Duchess of Norfolk, 8 uly, 1819. See post, s. 13. (p) In re Flitcroft, 21 Jan. 1806. (q) In re Fust, 12 Aug. 1813. (r) Mansell v. Mansell, Wilmot's notes, 51, 52. 43 Geo. 3, c. 75, s. 3, powers of leasing could not be exercised by them (s)—Lord Hardwicke held, that he could not authorize the committee to execute a power of leasing given to a lunatic; and put the case of a voluntary settlement made by a party before his lunacy, with a power of revocation, and that of a power to charge an estate with a sum of money; and said that the committee could not execute such powers (t). It seems clear, although the contrary has been suggested, that the donor of a power cannot, by any provision inserted in the instrument creating a power, authorize the party to execute it notwithstanding his mental incapacity; for a person under such a disability cannot (with a few exceptions) make any deed which will bind the property of himself or others; and the case is not like coverture, which is a mere civil disability (u), and which, in the creation of a power, may be dispensed with; there does not, however, appear to be any legal objection to a provision that a power given to a particular person shall, in the event of his mental disability, be executed for him by his committees, or by some person of competent understanding. It has indeed been intimated (v), that an idiot or lunatic can execute a bare authority; but, as all deeds executed by such persons (except during lucid intervals, or with certain formalities implying capacity,) are absolutely void, it does not appear that such a proposition can be supported. Where a bare authority, to be exercised for the benefit of other persons, is given to a lunatic, it does not appear that it can be executed by his committee, or by any other person in his place; for, the statute (w) authorizing (8) See post, Chap. viii. s. 1. (t) Ex parte Lord Bradford, Cas. tempore Hardwicke, by West, 1 Vol. p. 133. (u) Id. Co. Litt. 52. a., 112. a., note 6, Gibbons v. Moulton, Finch, 346; Daniel v. Ubley, W. Jones, 137; Bayley v. Warburton, Com. Rep. 494; Rich v. Beaumont, 6 Br. P. C. 152; Marquess of Antrim v. Duke of Bucks, 1 C. C. 17; S. C. 1 (v) See 1 Preston on Abstr. p. 328. See post, Chap. vi. s. 2. (w) 11 Geo. 4 & 1 Will. 4, c. 60; and see post, Chap. viii. s. 3. the transfer of trust estates vested in lunatics does not extend to such a case. In a case where it was provided by an act of Parliament, that it should be lawful for a parson and his successors, vicars of a particular church, by indentures sealed and delivered by the vicar of the church for the time being, to demise or lease, with the consent in writing of the bishop of the diocese, and the patron of the vicarage for the time being, all or any parts of the glebe lands described in the schedule to the act, for any term of years not exceeding ninety-nine years in possession, for purposes of building— The patron of the living being a lunatic, the committees of his estate prayed a reference to the Master to inquire whether it would be proper that they, as such committees, should consent to any lease, to be granted in pursuance of the act of Parliament, of all or any parts of the glebe lands described in the schedule thereto. Lord Eldon held, that, unless the act requiring the consent of the patron authorized the committee to consent for him, he could not sanction a lease with the consent of the committee (x). The committee of a lunatic cannot make grants of the copyholds held of his manor. Where a person, being seised of a manor with a custom of granting copyholds for lives, had granted the stewardship of the manor by deed, and was afterwards found non compos mentis by inquisition-it was held, that the committees could not grant any copyhold estate; for they had by law no estate in the manor, and were not lords; but that the lunatic, by his steward, might grant copyhold estates, accordingto the custom of the manor. But it was ordered, by way of caution, for the benefit of the lunatic, that the steward should not make any grant without the privity of the committees, and the sanction the Court (y). It seems that the Master will be directed to appoint stewards of manors belonging to a lunatic. Thus, on the petition of the committees of the estate, in a case where a luna (x) Ex parte Smyth, In re Smyth, Abr. Copyhold (G.) pl. 15; 1 Watk. 2 Swanst. 393. on Cop. 24. (y) Blewit's case, Ley. 47; 6 Vin. tic was entitled to certain manors, the stewardship of which had not been granted-it was referred to the Master to appoint one or more steward or stewards of such manors, without their entering into any security touching the rents and profits thereof, until further order (~). But, where the committee of the estate of a lunatic, being also his heir-atlaw, presented a petition praying that two persons might be removed from the stewardship of certain manors belonging to the lunatic, and ordered to deliver up the Court rolls, and that the committee might be at liberty to appoint a steward -the Lord Chancellor refused to make any order for that purpose, but allowed the petitioner the costs of his application (a). It is said, that a lunatic copyholder could not formerly have committed a forfeiture of his copyhold (b). The committee is bound, however, if the estate of the lunatic be subject to services or held upon conditions, to tender the services or perform the conditions, so as to prevent a forfeiture; the law indeed (with an exception to its general rule) permits even a stranger to perform such offices of humanity (c). By a recent statute (d), the committee of a lunatic may be admitted tenant of any copyhold lands to which such lunatic shall become entitled; and (e) in default of the appearance of any lunatic in person or by his committee, the lord of the manor, after three courts, and proclamations having been made, may appoint, at any subsequent court, an attorney for such lunatic for the purpose of admitting him, and, upon such admittance, impose such fine as might have been legally imposed if such lunatic had been of sane mind. The fine imposed is directed (ƒ) to be demanded of the committee of the lunatic, or the tenant of the copyhold land, and, if the fine is not paid within three months, the lord of the manor may enter on such land and receive the rents, un til he shall be satisfied such fine and costs. It is also provided (g), that a committee who pays such fine and costs, may enter upon and receive the rents of the land of the lunatic, to which he shall have been admitted until such committee shall have been satisfied the sums he has so paid. And it is provided (h), that no lunatic shall forfeit any copyhold land, for neglecting to be admitted, nor for omitting to pay any fine for his admittance. The committee has no power to present to a vacant benefice belonging to a lunatic (¿). Where the right of visiting a charitable institution has devolved upon a lunatic, so found by inquisition, the committee of such lunatic cannot exercise the office of visitor; but it vests in the Crown, and will be executed by the Lord Chancellor; and an application respecting the management of the charity must be made to him in his capacity of visitor (k). Provisions by statutes have from time to time been made, authorizing the transfer of stocks in the public funds standing in the names of lunatics or their committees. The statute 36 Geo. 3, c. 90, s. 3 (1), recites that commissions in the nature of a writ de lunatico inquirendo had frequently issued, and persons thereupon had been found lunatics, having certain parts of stocks transferable at the Bank of England, standing in the names of such lunatics, in their own right; and the committees of the estates of such lunatics having like parts of such stocks and annuities standing in their own names in trust for or as part of the property of such lunatics, had sometimes died intestate, or gone to reside beyond the seas, or had themselves become lunatics, or it had been uncertain and unknown whether they were living or dead; and then enacts, that, in all cases whatsoever where any such stock or annuities transferable at the Bank of England should be standing in the names of such lunatics in their own right, or in the names of the committees (g) Id. s. 8. (h) Id. s. 9. (i) See ante, p. 20. (k) Attorney-General v. Dixie, 13 Ves. 519. (1) This statute was repealed by 6 Geo. 4, c. 74, which has since been repealed by 11 Geo. 4 & 1 Wm. 4, c. 65. |