jor part of the said commissioners in the said new commission named have appointed Thursday, the 27th day of December instant, for opening the said commission; due notice whereof has been given to Messrs. C. and D., solicitors, as agents for the said A.A., and Mary, his wife; and the said commissioners have also issued their summons, directing the said A. A. to be produced before them on the execution of the said commission, a copy whereof has been served on the said Messrs. C. and D. That your petitioner is apprehensive that the persons who have the custody of the said A. A., will not produce him to the commis sioners and jury on the execution of the said commission, unless directed so to do by your Lordship's order. Your petitioner, therefore, most humbly prays your Lordship, that any person or persons in whose custody or power the said A. A. may then happen to be, may be ordered to produce him at the execution of the commission of lunacy issued in this matter, or on any adjournment thereof, to be inspected and examined as often as there shall be occasion, before the commissioners and jury, at such seasonable times as they may require. And your petitioner will ever pray, &c. (z). Petition of the Father of a supposed Lunatic, that Affidavits filed may be produced on the Execution of Commission. IN the matter &c. To the Right Honourable &c. The humble petition &c. SHEWETH, [Statement of the order to issue commission of lunacy]. That your petitioner is advised that it will be material to produce in evidence on the execution of the said commission, the several affidavits made in this matter, and which are now filed of record with your Lordship's Secretary of Lunatics. Your petitioner, therefore, humbly prays your Lordship, that the proper officer, or his deputy, may be ordered to attend with the said affidavits, and to produce the same on the execution of the said commission, or any adjournment thereof. And your petitioner shall ever pray, &c. Order thereon. Let the proper officer, or his deputy, attend with the said original affidavits, and produce the same at the execution of the said commission, as in the said petition mentioned. (2) The Lord Chancellor made an or- tition. In re Holmes, 13th December, der in the words of the prayer of the pe- 1827. PETITIONS AFTER THE RETURN OF THE INQUISITION, Petition of the Sister and one of the Next of Kin of a Lunatic, for the Delivery of her Person to the Petitioner, until the Appointment of a Committee. IN the matter of Catharine D., a lunatic. To the Right Honourable, &c. The humble petition, &c. SHEWETH, day of. That in pursuance of an order of your Lordship, made on the 1829, a commission in the nature of a writ de lunatico inquirendo, was awarded and issued, directed to certain commissioners therein named, to inquire of the lunacy of the abovenamed Catherine D., of &c. That the said commission was duly executed on the day of before the major part of the commissioners in the said commission named; and, by an inquisition thereupon taken it was found, that the said Catherine D, was then a lunatic, and that she did not enjoy any lucid intervals, and that she had been in the same state of lunacy from the - day of That upon taking the said inquisition it appeared in evidence that G.D., of &c., abstracted the said [lunatic], on the 28th day of June last, from the care and custody of -- with whom she had been placed by your petitioner for safe custody; and on the following day, being the 25th day of June last, they, the said G. D. and [lunatic], were married at by banns, since which they have lived together, and cohabited as man and wife. That after the finding of the said inquisition, your petitioner caused an application to be made to the said G. D. through her solicitor, to deliver up the person of the said [lunatic] into the custody, and to be placed under the care of your petitioner, until your Lordship's pleasure should be known, but which application has not been complied with. Your petitioner, therefore, most humbly prays your Lordship, that the care and custody of the said [lunatic] may be granted to your petitioner, until a committee of her person shall be appointed by your Lordship for that purpose, and that the said G. D. and E. D., his daughter, and all and every other the children of the said G. D., and all other person or persons in whose custody the said lunatic may be, be ordered to deliver up the person of the said [lunatic] to your petitioner, and to such person or persons as she may appoint to receive her; and that the said G. D. and E. D., and all and every other the children of the said G. D., be restrained from visiting or interfering with the person of the said [lunatic] without the order of your Lordship first had and obtained for that purpose; or, that your Lordship will be pleased to make such further or other order, as to your Lordship shall seem meet. And your petitioner shall ever pray, &c. (a). Petition of Person found to be of unsound Mind, to be allowed to traverse the Inquisition (b). IN the matter of A. A., a person found to be of unsound mind. To the Right Honourable, &c. The humble petition of the said A. A. SHEWETH, That by an order made in this matter, on the 19th day of November last, it was ordered, that a commission in the nature of a writ de lunatico inquirendo should issue, to inquire of the lunacy of your petitioner, the said A. A. your That by the inquisition taken on the execution of the said commission on the 3rd day of December instant, it was found, that petitioner, the said A. A., was a person of unsound mind; and that he had been in a state of unsoundness of mind from the 25th day of September, in the year of our Lord, 1820. That your petitioner is advised that the said finding under the commission was contrary to the evidence adduced on the part of your petitioner. Instead of the last allegation may be inserted, "That your petitioner is greatly aggrieved and prejudiced by the issuing of the said commission and the return of the said inquisition, and that your petitioner is of sound mind, and perfectly competent and sufficient for the government of himself and his property." Your petitioner, therefore, most humbly prays your Lordship, that he may be at liberty to traverse the aforesaid inquisition; or, that your Lordship will be pleased to make such further or other order in the premises, as to your Lordship shall seem just. And your petitioner shall ever pray, &c. (a) An order was made according to the prayer of the petition. In re Chapman alias Dunn, 1st Aug. 1829. Where a party had been taken out of the jurisdiction of the Court, before the commission issued under which she was found to be of unsound mind, an order was made that she should be brought back to England, if it could be done without danger or injury to her health. In re Wykeham, 1 Turn. & Russ. 537. (b) See ante, pp. 112-119, 626. Order thereon. 7th Dec. 1830.-Let all parties concerned attend me in the matter of this petition on the next day of petitions, hereof give notice forthwith; and a caveat having been entered by C. D., let notice hereof be forthwith given to the said C. D. Petition of the Husband of a Lunatic, for Liberty to traverse an Inquisition. IN the matter of R. B., otherwise R. N., an alleged lunatic. To the Right Honourable, &c. The humble petition of R. N., the husband of the said alleged lunatic. SHEWETH, [The issuing of commission]. That the said commission was executed before three of the commissioners therein named, and that by the inquisition taken under the same, on the 14th day of July last, it was (amongst other things) found, &c. [verdict of the jury.] That your petitioner is not aware whether any further or other proceedings have been taken since the return of the said inquisition, your petitioner not having been served with notice thereof. That your petitioner is advised that the finding of the jury upon such inquisition was against evidence, and contrary to law; and your petitioner is aggrieved by such finding, and is, therefore, desirous of traversing such inquisition. Your petitioner, therefore, prays your Lordship, that he may be at liberty to traverse the said inquisition, and that such traverse may be tried in the Court of K. B., and in the county of Middlesex; or, that your Lordship will be pleased to make such further or other order herein, as to your Lordship may seem meet. And your petitioner, &c. Middlesex, (to wit), Will. Fourth. in the By a certain inquisition indented, taken at the house of situate in the parish of St. Andrew, Holborn, in the said county, the year of the reign &c., and day of in the year of our Lord, 18-, before [the names of the three Commissioners] Esquires, Commissioners in his Majesty's commission in the nature of a writ de lunatico inquirendo, under the Great Seal of Great Britain, bearing date at Westminster, the day of then last past, to them the said Commissioners and others in the said commission named, directed to inquire, (amongst other things), of the lunacy of [the supposed lunatic], of &c., Esq., on the oaths of [names of the jurors], good and lawful men of the said county. It was found, that the said [lunatic] was, at the time of taking the said inquisition, a person of unsound mind, so that he was not sufficient for the government, &c., [the words of the verdict], as by the said inquisition, together with the said commission thereunto annexed, returned into the Chancery of our said Lord the King, at Westminster, and there now remaining filed amongst the records of the said court, may more fully appear. day of NovemAnd now at this day, that is to say, on the ber, in this same term, before our said Lord the King, in his Chancery at Westminster, in the said county of Middlesex, cometh the said [lunatic] by C. D., his attorney, and prays oyer of the said commission, the return thereof and the inquisition thereupon taken, and the same being read and heard, the said [lunatic] complains, that, by colour of the premises, he is greatly vexed and disturbed, and that unjustly, because, protesting that the said commission and the return thereof, and inquisition thereupon taken, are insufficient in law, and unto which he need not, neither is he bound by the law of the land, to answer: For plea, nevertheless, in this behalf, the said [lunatic] saith, that he, the said [lunatic], at the time of taking the said inquisition, and always before, was, and from thence hitherto hath been, and now is, of sound mind and understanding, and sufficient for the government of himself, his manors, Without this, messuages, lands, tenements, goods, and chattels. that he, the said [lunatic], at the time of taking the said inquisition, or at any time before or after, was or now is a person of unsound mind, and not sufficient for the government of himself, his manors, (c) See ante, pp. 115, 116, 626. |