cluded the benefit of the order (i). In another case, the Master was directed to inquire whether there were any disposable funds of the lunatic, out of which a particular debt could be paid, regard being had to the maintenance of the lunatic (k).

The creditors are not bound to come in under such an order of reference, as they would be under a decree, the object of inquiry being merely the benefit of the non compos and his estate (); but provision will be made for the payment of the debts of such only of the creditors as bring in their claims under the order, it is of course the duty of the committee and of the Master to ascertain that such demands are just. In case the Master disallow the claims of any creditors, they may except to his report, if made in a cause, but if made in a lunacy only, a petition may be presented for allowing such claim, or to have the Master's report reviewed. Where a person had, previously to his having been found a lunatic, granted an annuity charged on real estate and money in the funds, and the Master was directed to take an account of the debts owing by the lunatic, and the annuitant claimed several sums for insurance of the life of the lunatic, and interest on those sums, which were disallowed by the Master; on exceptions being taken to the report, it was decided, that no allowance would be made for the premiums for insuring the life, either in an action, or by the Court of Chancery, the insurance being part of the speculation (m). In another case, the claims of two creditors of a lunatic having been disallowed by the Master, on their taking objections, he was ordered to review his report (n). In case the Master admit only part of a claim, the creditor will probably not be allowed his costs, except upon undertaking not to bring an action in respect of what the Master has disallowed. The Accountant-General may be directed to pay the creditors of a non compos out of the cash in his hands in the matter of the lunacy (0).

(i) In re Davidson, 11 Jan. 1827; In re Kendall, 3 Aug. 1820.

(m) Ex parte Shaw, 5 Ves. 620.
(n) In re Cranmer, Aug. 1807; 1

(k) In re Buckle, 23 April, 1827. Coll. on Lun. 379. (1) 12 Ves. 385.

(0) 1 Coll. on Lun, 381.

The extra costs occasioned by a mistake of the Master were, in a recent case, allowed to a creditor proving his debt against a lunatic's estate (q). After the death of a non compos, an order may be made in the lunacy for payment of his debts, upon a petition preferred in his lifetime (r). But such an order cannot be made in lunacy upon a petition preferred after the death of a non compos (s). The credi tors in such a case may file a bill against his personal representatives for taking an account of their debts, and for the payment of them out of the assets of the lunatic (t).

2. By the statute 43 Geo. 3, c. 75, it was enacted, that it should be lawful for the Lord Chancellor of England and Ireland, respectively, intrusted by the King's sign manual with the care and commitment of the persons and estates of the persons found lunatic or of unsound mind, and incapable of managing their affairs, by inquisition, when in England or Ireland, respectively, to order the freehold and leasehold estates of such persons respectively, to be sold or charged and incumbered by way of mortgage or otherwise, as should be deemed most expedient, for the purpose of raising such sums of money as should be necessary for payment of the debts, and for performing the contracts or engagements of any such persons respectively, and the costs attending such sale, mortgage, or incumbrance respectively, and to direct the committee or committees of the estate of such persons respectively to execute in the name, and on the behalf, of such persons respectively, conveyances of the estates so to be sold, mortgaged, or incumbered, and to do all such acts as should be necessary to effectuate the same, as such Lord Chancellor should direct; which conveyances so to be made in pursuance of any such order as aforesaid, should be as effectual as if the same had been executed by such person found lunatic or of unsound mind respectively, when in his sound mind. It was also enacted, that in case there should be any surplus of money to be raised by any such sale as aforesaid, after answering the purposes aforesaid, the (q) In re Buckle, 1 Russ. & Mylne, 384. See ante, pp. 22, 23. 360.

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

(s) Pochin's case, 12 Ves. 385. (t) Wigg v. Tiler, 2 Dick. 552.

same should be applied and disposed of in the same manner as the estate sold would have been applied if the act had not been made (u). And it was provided that nothing in the act contained should subject any part of the estates of a lunatic to the debts or demands of his creditors, otherwise than as the same were then liable, but only to authorize the Lord Chancellor, &c., intrusted as aforesaid, to make order in such cases as were thereinbefore mentioned, when the same should be deemed for the benefit and advantage of such person so fonnd lunatic or of unsound mind, and incapable of managing his affairs (w).

Although the statute of 43 Geo. 3, c. 75, enabled the committee of the estate of a lunatic to mortgage or sell any part of his estate for payment of his debts, as the person holding the Great Seal should direct, yet it seems that Lord Eldon would give such direction in such cases only as would be for the benefit of the lunatic (x). And his Lordship intimated, that in the exercise of the power given him by that statute, on being satisfied that the maintenance of the lunatic would be better provided for, and his advantage promoted, by disposing of a real estate, inconvenient and ill-conditioned, and that it would be for his benefit so to pay the debts, and keep together the personal estate, he should have had no difficulty in granting an application for selling part of the real estate; although the effect of such an order would have been to change the right of succession (y).

It was held, that the above act did not authorize the sale of the copyhold lands of a lunatic, as such lands were not mentioned as subjects of sale (2). By statute 59 Geo. 3, c. 80, it was enacted, that such of the powers and provisions of the 43 Geo. 3, c. 75, as authorized the sale or mortgage of estates belonging to lunatics, should be deemed to extend to such estates as were held by ancient demesne or by copy of court roll.

(u) 43 Geo. 3, c. 73, s. 2.

(w) Id. s. 6.

(y) Ibid.

(x) Ex parte Birch, In re Addy,

(x) Ex parte Phillips, 19 Ves. 3 Swanst. 98.

By statute 9 Geo. 4, c. 78, such of the powers and provisions contained in the 43 Geo. 3, c. 75, and the 59 Geo. 3, c. 80, as authorized the sale or mortgage of estates belonging to lunatics, were extended to the sale, mortgage, charge, incumbrance, or other disposition of such estates, for the purposes of raising money for payment of the debts and engagements of such lunatics, the discharge of any incumbrances on their estates, the costs of applying for and obtaining the commission of lunacy, and in opposition thereto, and all proceedings under the same commission, or incurred by any persons under the order of the Lord Chancellor, and the costs of such sales, mortgages, charges, and incumbrances, and other dispositions as such Lord Chancellor should direct; and that the monies so raised should be applied for such purposes, and in such manner as the Lord Chancellor should direct. It was also provided (a) that the person whose estate was sold or mortgaged under the above act, his heirs, next of kin, executors, and administrators, should have the same interest in the surplus monies raised under it as he would have had in the estate sold or mortgaged, if such sale or mortgage had not been made, and that such money should be of the same nature and character as the estate so sold or mortgaged.

In a case, where a lunatic was tenant for life of large estates, an order was made for raising a sum of money for payment of his debts by the sale of an annuity to be charged on such estates. Thus, it was ordered, that the committee of the estate of the lunatic should be at liberty, in his name and on his behalf, to proceed to raise the amount of the debts, reported by the Master to have been proved against the lunatic's estate, by a sale of an annuity for the life of the lunatic, after the rate of 67. for every 100l. of the sum to be raised, besides the annual expense of insuring his life; and that such annuity should be charged upon the life estate of the lunatic in certain manors and estates, with a right on his part to repurchase such annuity, or of any proportionate part thereof, in sums not under a given amount,

(a) 9 Geo. 4, c. 78, s. 2.

whenever there should be funds of the lunatic ready to be so applied; and it was ordered, that the trustees named in the settlement made of the lunatic's estates, and all other necessary parties, should join in and execute such deeds as might be required on the part of the annuitants, and as the Master should approve; and that the annuitants should be at liberty to pay the consideration money into the Bank, in the name and with the privity of the Accountant-General, which was not to be paid out without notice to the annuitants; and that the annuity to be granted should be paid by the trustees of the lunatic's settlement, out of the rents of his estate (b). And it was afterwards ordered, as the lunatic was tenant for life only of the estates to be charged, that the Master, in settling the grant of such annuity, should not subject the lunatic, or his representatives, to the payment of any proportional part of the annuity to be granted, subsequent to the last quarter day appointed for payment of it immediately preceding his death, but, in lieu thereof, should add such further sum to the annuity proposed to be granted, as he might find to be a fair equivalent for such proportional part (c).

The statute 11 Geo. 4 & 1 Will. 4 c. 65, has repealed the 43 Geo. 3, c. 75, the 59 Geo. 3, c. 80, and the 9 Geo. 4, c. 78; and by the 28th section of the former act, it is enacted, "That it shall be lawful for the Lord Chancellor, intrusted with the care and commitment of the custody of the persons and estates of lunatics, to order any land, of or to which any person being lunatic (d) shall be seised or pos sessed or entitled, to be sold, or charged and incumbered by way of mortgage, or otherwise disposed of, as shall be deemed most expedient for the purpose of raising money for payment of the debts or engagements of such lunatic, the discharge of any incumbrances on his estates, the costs of applying for and obtaining the commission of lunacy and in opposition thereto, and all proceedings under the said commission, and the costs of such sales, mortgages, charges,

(b) In re The Earl of Portsmouth,

31 March, 1828.

(c) Id. 14 August, 1828.

(d) This clause is different from that contained in 43 Geo. 3, c. 75. See ante, p. 359.