Forms of Affidavits. fully competent to have the free management of himself and his property (n). J. W. Solemnly affirmed, &c. Affidavit of the Service of a Petition for superseding a Commission of Lunacy. IN the matter of A. B., a person late of unsound mind. J. M., of &c., Gentleman, maketh oath and saith, that he, this deponent, did, on the 3rd day of December instant, serve Elizabeth, the wife of the said A. B., and C. B., of &c., Esq., who were the petitioners for the commission de lunatico inquirendo issued in this matter, with a petition of the said A. B., presented to the Lord High Chancellor of Great Britain, in this matter, praying that he the said A. B. might be at liberty to attend the said Lord Chancellor, if his Lordship should think fit, necessary, or proper so to direct, for the purpose of being examined as to his sanity of mind and competency of understanding, for the management of his person and estate, and that a certain commission de lunatico inquirendo and proceedings thereon, in the said petition mentioned, might be superseded forthwith, and that a supersedeas might issue for that purpose; or that the said Lord Chancellor would be pleased to make such further or other order in the premises as to his Lordship should seem meet, and the circumstances of the case might require. And this deponent further saith, that he so served the said E. B. and C. B. with the said petition, by delivering personally to each of them the said E. B. and C. B. a copy of such petition, and of the said Lord Chancellor's order thereon, whereby all parties concerned were to attend his Lordship on the matter of the said petition, on the next day of petitions, and thereof notice was to be given forthwith, and by shewing to each of them the said E. B. and C. B., at the said time of service, the original petition and order with which the said E. B. and C. B. were so served as aforesaid (o). J. M. Sworn &c. Affidavit of a Wife as to the Recovery of her Husband, late a Lunatic. IN the matter of E. F., late a lunatic. C. F., of &c., wife of the above-named lunatic, maketh oath and saith, that, on or about the 18th day of March, 1820, a commission in the nature of a writ de lunatico inquirendo was, on the petition of this deponent, issued, to inquire of the lunacy of the said (n) Other persons, including the surgeon who attended A. B., and resided in the same place as himself, deposed to his sanity and capacity to manage his own affairs. (a) There was a like affidavit of service of the petition and order on the committees of A. B. E. F., who was thereupon on inquisition taken found and declared to be a lunatic. And this deponent further saith, that the said E. F. was, at the time of the said inquisition being taken, confined in a house licensed for the reception of insane persons, called And this deponent saith, that, in the mouth of August, 1823, the said E. F. having recovered his senses and become of sound mind, this deponent procured his discharge from the said house, called and he has ever since resided with this deponent. And this deponent saith, that the said E. F. has at all times since his discharge from the said house called conducted himself like a man of sound mind, memory, and understanding. And this deponent saith, that the said E. F. has for the last two years conducted the business of a tobacconist; and this deponent believes him to be now perfectly recovered, and fully capable of managing his affairs. C. F. Sworn &c. Affidavit as to the Sanity of a late Lunatic. IN the matter of E. F., late a lunatic. C. S., of &c., Chemist and Druggist, maketh oath and saith, that he has known the above-named E. F. for the last three years or thereabouts. And this deponent saith, that, during the aforesaid period, he, this deponent, has been in the constant habit of seeing and conversing with the said [lunatic] a week not having very frequently elapsed, as this deponent believes, in which he has not conversed with or seen him. And this deponent saith, that, during the period aforesaid, the said [lunatic] has at no time appeared or behaved himself in the presence of this deponent as a person of unsound mind; but, on the contrary, the behaviour and conversation of the said [lunatic] has at all times during the period aforesaid been that of a man of sound mind and understanding. And this deponent saith, that the last time he saw the said [lunatic] was on or about the 12th day of February instant, when he freely conversed with this deponent, and he appeared to be and was, as this deponent verily believes, of sound mind, memory, and understanding, and fully capable of managing himself and his affairs. C. S. Sworn &c. Affidavit in support of a Petition for the Appointment of a Person to convey, on behalf of a Person of unsound Mind (p). IN the matter of C. D., a person of unsound mind, not found such by inquisition. J. D., of &c., maketh oath and saith, that, in or about the month of September, 1829, E. D., late of &c., spinster, since deceased, the late sister of this deponent, advanced and lent to M. F., of &c., the sum of 400l.; and that thereupon, and in order to (p) See ante, pp. 382-386. Forms of Affidavits. secure the repayment of the said 400l., with interest, to the said E. D., certain indentures of lease and release, bearing date respectively on or about the 27th and 28th days of September, 1829, were made and executed, the said indenture of release being made, or expressed to be made, between &c. [parties]; by which said indentures, All that &c. were duly conveyed and assured unto and to the use of the said E. D., her heirs and assigns, for ever, subject, nevertheless, to a proviso in the said indenture of release contained for redemption of the said hereditaments and premises, on payment by the said M. F., her heirs, executors, administrators, or assigns, to the said E. D., her executors, administrators, or assigns, of the sum of 400l., with interest for the same after the rate and at the time therein mentioned. And this deponent further saith, that, on or about the 12th day of July, 1831, the said E. D. departed this life intestate, leaving the said C. D., her eldest brother and heir-atlaw, and this deponent, her other brother, who, together with the said C. D., are her sole next of kin. And this deponent further saith, that letters of administration of the personal estate and effects of the said E. D. deceased, were, on or about the 31st day of August, 1881, granted to this deponent by and out of the Consistory Court of the Lord Bishop of Durham, which this deponent is advised and believes was the proper Ecclesiastical Court for that purpose; and that this deponent thereby became what he now is, the sole legal personal representative of the said E. D. And this deponent further saith, that the said sum of 400l. is still due and owing on the security of the said mortgaged premises, but that all interest thereon has been duly paid up to the 28th day of March last. And this deponent further saith, that the said C. D. has for several years past been under great mental excitement, and at times deprived of his reason and understanding; and that, in or about the month of June, 1831, he became in a worse state of mind, and wholly unable to govern himself, or to manage his affairs; and that, in or about the 18th day of the same month of June, as this deponent has been informed and believes, the said C. D. was admitted as a lunatic patient into a private lunatic asylum at Gateshead, in the county of Durham, as a pauper lunatic, under an order of certain magistrates acting for the northern division of the said county of Durham. And this deponent hath been informed, and believes that the said C. D. has ever since remained in such asylum, and has from that time continued to be, and still is, in an unsound state of mind, and unable to transact any business; but that no commission has And this been issued to inquire into the lunacy of the said C. D. deponent further saith, that the said M. F. is entitled to the equity of redemption of and in the said mortgaged premises; and that this deponent, as such personal representative of the said E. D., is entitled to receive the money thereby secured, and that he is desirous of calling in and receiving the same, for the purpose of applying the same in a due course of administration; and that this deponent has been informed and believes, that the said M. F. is ready and willing to pay the said sum of 400l., on having a proper conveyance of the said mortgaged premises, but that the said C. D., on whom the legal estate in the same has descended as the heir-atlaw of the said E. D., is, from his state of mind, unable to execute such reconveyance. J. D. Sworn &c. (9). Affidavit of a Surgeon as to the Incompetency of a Party. IN the matter of N. N., Esq., a trustee, of unsound mind, but not found such by inquisition. W. W., of &c., Surgeon, maketh oath and saith, that he is well acquainted with the above-named N. N., of &c., and that he, this deponent, has been in the habit of visiting the said N. N. as his medical attendant, for years and upwards last past; and that the said N. N. is now from his advanced age and infirmity of body, and imbecility of mind, totally incapable of transacting any business. And this deponent further saith, that the said N. Ñ. hath been for the space of three years last past, and now is, of unsound mind, wholly deprived of reason, and is not competent to transact any pecuniary or other matter of business, nor to sign or execute with effect any deed or other written instrument. And this deponent further saith, that, as he has been informed and believes, the said N. N. is of the age of eighty years and upwards, and, for the space of three years last past, has been and now is labouring under severe bodily infirmity: and that by reason of the great age and infirmity of the said N. N., there is not, in the judgment and opinion of this deponent, any chance of the said N. N. ever recovering his faculties. Sworn &c. CAVEAT against a commission of lunacy issuing against A.B., of &c. Esq., without notice to Messrs. C. & D., of Lincoln's Inn, &c. Solicitors for the said A. B. Dated this 6th day of July, 1882. C. & D. IN the matter of A. B., a lunatic. CAVEAT against any order appointing committees of the person and estate of the above-named A.B., without notice to E. F., of (g) In this case, affidavits of the insanity of C. D. were made by a physician and surgeon, by the overseer of the parish where C. D. had resided ten years, and by the keeper of the asylum in which he was confined. (r) See ante, pp. 102, 104, 135, 136, 624. &c. Solicitor for C. B., one of the brothers and next of kin of the said A. B. Dated this 18th day of August, 1832. E. F. IN the matter of A. B., a person of unsound mind. CAVEAT against any proceedings or orders in this matter, without notice to E. F., of &c., Solicitor for H. B., the eldest son and heir-at-law of the above-named A. B. Dated this 6th day of August, 1832. FORMS OF PETITIONS IN LUNACY ($), AND ORDERS THEREON. 66 PETITIONS in Lunacy and Idiocy care intitled "In the matter an idiot," of [the person] a lunatic," or "of unsound mind," or and if connected with a suit pending in Chancery, to which the lunatic or idiot is a party, the title of the cause should be also added. Petitions in Lunacy should be addressed to the person having the custody of the Great Seal, and being also intrusted by the King's Sign Manual with the care and commitment of the custody of the persons and estates of lunatics. The forms of address vary according to circumstances, and are the following:-" To the Right "To the Honorable the Lord High Chancellor of Great Britain;" Right Honorable and Lords Commissioners for the custody of the Great Seal of Great Britain;" "To the Lord Keeper of the Great Seal of Great Right Honorable Britain." PETITIONS BEFORE THE EXECUTION OF THE Petition for a Commission of Lunacy (t). IN the matter of A. A., a supposed lunatic. SHEWETH, THAT the said A. A., of &c., the daughter of your petitioner, now is, and for ten years last past and upwards hath been (s) See ante, p. 623. (t) See ante pp. 93, 623. |