for that purpose, at the Petty Bag office, do transmit a transcript of the inquisition on a commission in the nature of a writ de lunatico inquirendo taken in the matter, to the Chancery of Ireland, to be thereupon entered of record, and be as of record, and to be acted upon there in the manner and for the purposes mentioned in that act (c).

If a lunatic die before office found, no inquisition can be taken; for the commissioners and jury may demand inspection, and the property is vested in other persons, so that no right accrues to the King (d).

If an idiot die after office found, but before possession has been taken of his property on behalf of the Crown, it may be seized into the King's hands, for the purpose of being restored to the right heirs (e).

An order does not abate by the death of a non compos; and therefore, a reference directed to the Master in his lifetime may, in some cases, be prosecuted, and the report made, after his death.

A reference to inquire who were the next of kin of a lunatic having been directed to the Master, and the lunatic having died before the report was made, a petition was preferred, that the Master might, nevertheless, be ordered to make a report. Lord Chancellor Thurlow decided, that the order did not abate by the death of the lunatic; and that any party might prosecute it and take out the report (ƒ). In one case, exceptions taken to the Master's report by the heir-at-law of a lunatic, were decided after the death of the lunatic (g). An order may be made in lunacy, after the death of a non compos, on a petition preferred in his lifetime. A reference having been directed to the Master, to inquire what demands were outstanding against a lunatic and his estate, and how they should be discharged, a creditor claimed a debt which the Master disallowed; no report was made under that reference. The creditor preferred a

(c) In re Lord Creighton, 29 Oct. 1828.

(d) 4 Rep. 127 a.

(e) Staundf. Pr. Reg. 35 (b). (f) Ex parte Armstrong, 3 Bro. C. C. 238.

(g) In re Roberts, 3 Atk. 338. It is not now the practice to except to the Master's report in matters in lunacy, but to state any objections to it by petition.

petition, that his claim might be admitted, or put in a course of trial. The lunatic died before the petition came to a hearing; and it was insisted, that no order could be made. in lunacy, after the death of a lunatic, except upon the report of a Master in his lifetime.

Lord Chancellor Erskine said, the universal course in the case of a petition preferred during the life of the lunatic, is to apply the fund in discharge of the different creditors, unless there is reasonable doubt whether the debt exists; which must be made the subject of consideration at law: but when it is ascertained, that the creditor has a demand, it is paid out of the funds of the lunatic. The petition was ordered to be retained; and what should be ascertained due by the verdict, in an action to be brought by the petitioner, was to be paid out of the lunatic's estate (h). But a petition presented after the death of the lunatic, and after the time, therefore, when the administrator was entitled to full possession, will be refused (i).

The Chancellor sitting in lunacy not having any direct jurisdiction for deciding the rights of third parties, as well as on account of the difficulty of getting any decision reversed, sometimes directs a bill to be filed, where there are conflicting claims between the real and personal representatives of the lunatic, after his death (k).

The Court, in some cases, exercises jurisdiction after the death of the lunatic, and, in one case, compelled a party to execute a conveyance, after the death of the lunatic, by attachment(). But, where there had been a reference to the Master, in the lifetime of the lunatic, to inquire whether it would be proper to sell or mortgage any part of the lunatic's estate, for payment of his debts, the Lord Chancellor refused, after the death of the lunatic, to order the Master to proceed with the inquiries directed by the former order (m).

Though the Chancellor has no jurisdiction in lunacy, af

(h) Ex parte M'Dougal, 12 Ves.

384.

(i) Garnet's case, and Pochin's case, cited 12 Ves. 385. See post, c. 5, s. 12.

(k) Ex parte Broomfield, 1 Ves.jun. 463; Ex parte Phillips, 19 Ves. 122. (1) Ex parte Roberts, 3 Atk. 308; Ambl. 707.

(m) In re Holmes, 19 Aug. 1831.

ter the death of the lunatic, to try the question of heirship, yet, under particular circumstances, possession of his estates was ordered to be given to the parties reported by the Master to be heirs-at-law; but without prejudice to any other person. And another party claiming to be heir to the lunatic, was permitted by the Court, on petition, after the possession of the estates had been given up to the parties reported to be heirs, to inspect deeds and documents remaining in the Master's office, which, it seems, may be retained till a proper investigation has taken place (n).

But, where the title deeds of an estate belonging to a deceased lunatic had been lodged in Court, pursuant to an order, the Court refused to make an order for inspecting them on behalf of the person claiming as heir of the lunatic, until a bill should be filed, and the deeds transferred to the credit of that cause (o).

The control which the Court has over the committee of a lunatic does not determine by his death; but the committee continues liable to account, and to all the consequences of any misconduct on his part, and bound to act in delivering possession of the estates as the Court shall direct (p). And a receiver of the lunatic's estate may be ordered to continue to act, until the arrears of the rents and profits, due at the time of the decease of the lunatic, shall be paid and satisfied (q).

It was held, that the statute 39 & 40 Geo. 3, c. 56, which enabled the Court of Chancery to order money directed to be laid out in the purchase of lands, to be paid to the persons who would be entitled to estates tail therein, applied only to money in the hands of individuals as trustees, or under the control of Courts of equity, and that it did not therefore give any jurisdiction in lunacy (r). It has, however, been held, that, under the statute 7 Geo. 4, c. 45 (s),

(n) Ex parte Clarke, In re The Duchess of Norfolk, Jac. 589.

(0) In re Fitzgerald, 2 Sch. & Lef.

442.

ess of Norfolk, Jac. Rep. 589.

(r) Ex parte Verney, Jac. Rep. 234.

(s) The statute 58 Geo. 3, c. 46,

(p) In re Fitzgerald, 2 Sch. & Lef. contains similar provisions with re

440.

(q) Ex parte Clarke, In re Duch

spect to Ireland.

which repealed the former act, an order for transfer may be obtained in lunacy. Thus, where the Master had found, by his report, that certain stocks were standing in the names of a deceased lunatic and of another person in the books of the Bank of England; and that the petitioner was entitled, as tenant in tail in equity under a will, to have the same and other funds transferred to him, instead of being laid out in the purchase of lands, to be settled to uses under which he would have been tenant in tail, the Lord Chancellor confirmed the Master's report, and declared, that the petitioner was entitled, as tenant in tail in equity under the will in question, to the lands thereby directed to be purchased, and to the benefit of the provisions of the 7 Geo. 4, c. 45; and ordered such funds to be transferred into the name of the petitioner (1).

The office of Secretary of lunatics and idiots is one of antiquity, and such Secretary is a servant to the Lord Chancellor for the time being, and is appointed by parol only, takes no oath of office, and is removable at pleasure (u).

It is the duty of the Secretary of lunatics to consider and present all petitions to the Lord Chancellor relating to commissions of lunacy or idiocy, and to all matters arising out of them. Such Secretary takes minutes in Court, on the hearing of such petitions as are set down and required to be heard, and draws up the orders; which orders are signed by the Lord Chancellor, whether made in the first instance, as of course, or afterwards, upon the hearing. Such Secretary also files all affidavits relating to such proceedings, makes and delivers copies thereof, and enters the petitions answered by the Lord Chancellor, and the orders made by his Lordship, in books kept for the purpose (v).

The Secretary attends the Lord Chancellor in the Court

(t) In re Emmett, 27 June, 1827. (u) See Report of Commissioners appointed to make a survey of the different Courts in England and Wales, as to the Court of Chancery; ordered by the House of Commons to be printed, 20th February, 1815, p. 69.

(v) See Report of Commissioners for examining into the duties, &c. of the officers, &c., of the several Courts of Justice in England and Wales, as to the Court of Chancery; ordered by the House of Commons to be printed, 6th June, 1816, p. 133.

of Chancery, in Parliament, and at Court. The duties of the Lunatic office are performed by the Secretary, assisted by a Deputy Secretary and clerks, entirely paid by the principal Secretary. This officer receives no salary, or other emolument than the fees mentioned in the appendix (w). An annual allowance was formerly made to him through the Hanaper office for stationery, but this has been withdrawn.

The hours of attendance at the office of Secretary of Lunatics in Southampton Buildings are from nine in the morning till four in the afternoon, and from six till eight in the evening.

It is the duty of the Clerk of the custodies of idiots and lunatics, to make out commissions of idiocy and lunacy, and to do other acts in relation to such commissions; the particulars whereof may be collected from the statement of the proceedings upon which his fees are received. The duties are performed by one person, who considers himself both deputy and under clerk; as deputy, he is paid by his principal altogether; as under clerk, he is paid by certain gratuities, which he has been in the practice of receiving for his own use. The principal has no salary. The office hours are from ten in the morning till two in the afternoon, and from five till eight in the evening. The holidays kept, are Christmas-day and the two following days, Good Friday, and the Monday and Tuesday in Easter and Whitsun weeks (x).

The regular Commissioners of lunatics in London are five in number, and are appointed by the Lord Chancellor, who signifies such appointment to the Secretary of Lunatics, and directs him to insert their names in the list of regular Commissioners.

When a commission in the nature of a writ de lunatico inquirendo has issued, the Commissioners sign a precept to the sheriff for summoning a jury to execute the commission, and they sign also the process for procuring the attendance of the witnesses who are to be examined. At the time and place mentioned in the precept, three of the Commissioners attend and execute the commission, by taking the inquisition (w) See Appendix. (r) See last-mentioned Report, pp. 134, 136.