DEAF AND DUMB (continued).

may levy fines and suffer recoveries, 251.

set aside when obtained without proper advice, 252.

may contract marriage by signs, 447.

may give evidence by signs, 494.

dumb man ordered to answer bill and interrogatories in person, 426.
too senseless to instruct counsel not allowed to answer per-
sonally, ib.

DEATH OF NON COMPOS,

DEBTS,

property to be restored to representatives on, 11, 12.

inquisition cannot be taken after, 22.

orders previously made do not abate by, ib.

orders may be made after, upon petitions preferred in his life-
time, ib.

for payment of creditors of non compos, 23.

reference as to sale or mortgage cannot be prosecuted after, ib.
committee not allowed to interfere with title to possession of es-
tates after, 208.

fund in Court ordered to be transferred on, 212, 213.

distribution of property compelled by bill and not upon petition,

213.

whether committees are liable to account for money allowed for
maintenance after, 214, 220.

jurisdiction in lunacy ceases on, 797.

the Chancellor had formerly no power to sell or charge lunatics'
estates for payment of their debts, 355.

not even those charged upon an estate by will, ib.
decree for sale of estate where devisee had become insane, 356.
will not be ordered to be paid unless sufficient maintenance left, ib.
orders for payment of, made for the accommodation of lunatic, ib.
annual sum set apart for maintenance and surplus income in pay-
ment of, 357.

references to the Master as to, ib.

to inquire if there were any, ib.

if there were any disposable funds for payment of, 358.
creditors not bound to come in before Master, 358.

only those coming in will be paid, ib.

creditors may except to, or petition against, Master's report, ib.
sums paid by annuitant for insuring lunatic's life disallowed, ib.
Master sometimes ordered to review his report where he has dis-

allowed, ib.

Accountant-General directed to pay creditors, ib.

after death of non compos order may be made for payment of, 359.
but not upon petition preferred in his lifetime, ib.

creditors may file bill for payment of, against personal represen-
tatives of non compos, ib.

power given to the Lord Chancellor by 43 Geo. 3, c. 75, to sell or
mortgage lunatic's estate for payment of, 359.

to be exercised for benefit of the lunatic, 360.

real estate when sold, ib.

copyholds not within the above act, ib.

extended to copyholds, ib.

the powers of the above act extended by stat. 9 Geo. 4, c. 78, 361.
annuity charged on lunatic's estates for payment of, ib.

DEBTS (continued).

DEEDS,

Lord Chancellor, by stat. 11 Geo. 4 & 1 Will. 4, c. 65, may order
the estates of lunatics to be sold or mortgaged for pay-
ment of, 362, 512.

surplus money raised to be of same nature as the estate, 363, 513.
but lunatics' estates are not to be subject to debts otherwise than
as they are now liable, 364, 513.

what reasons will justify the sale or mortgage of estates, 364.
course to be pursued for obtaining a mortgage, 365.

a sale, 366.

on confirmation of Master's report, order for sale made, ib.
sale will be ordered to be made by auction with approbation of
Master, 366.

on confirmation of report purchaser will be ordered to pay
purchase money, 367.

sale ordered for payment of, ib.

family arrangement for payment of, 368.

executed by non compos void, 257.

by person not an idiot, but of deficient understanding, void,
ib.

may be avoided on plea of non est factum, where, 259.

of person of weak mind, when not acted on without trial at law,

260.

valid if executed during lucid intervals, ib.

may be valid notwithstanding party confined is in lunatic asy-

lum, ib.

issues directed to try validity of deeds, 252, 260, 261, 265, 266.
See ISSUE.

obtained from persons of weak understanding, 267.

when set aside in equity, 265.

when for fraud and imposition, 269.

when obtained by persons in confidential relation, 270.

prepared by party benefited presumption of fraud, 271.

executed by client in favor of his attorney, ib.

obtained from person of weak mind and for inadequate consider-

ation, 272.

may be avoided by a plea of lunacy, 410.

evidence of insanity on plea of non est factum, 411.

DELEGATES (Court of),

when established, 310.

of whom it consists, ib.

the appellate jurisdiction from Ecclesiastical Courts, ib.
no appeal from, to the House of Lords, 311.

transfer of jurisdiction of, to the Privy Council, recommended by
Ecclesiastical Commissioners, 311, n.

DELIRIUM,

effected by act 2 & 3 Will. 4, c. 92, s. 3, p. 803.

distinguished from insanity, 294.

DELUSION,

the test of insanity, 40.

in what it consists, ib. 293,

DELUSION (continued).

founded on a slight circumstance magnified beyond reasonable

bounds, 41.

on one subject called partial insanity, ib.

DISQUALIFICATIONS OF LUNATICS,

to administer public affairs, 486.

course pursued by Parliament on insanity of Monarch, ib.
for members of Parliament, 489.

course pursued on a member's becoming insane, 490.
to vote for members of Parliament, 491.

except during lucid intervals, ib.

to perform ecclesiastical duties, 492.

to act as Judges, 493.

as attorney or solicitor, ib.
arbitrator, ib.

guardian, ib.

to be witnesses, 493.

DRUNKENNESS,

a species of insanity, 2, 276.

does not excuse crimes, 2.

excitement of liquor must be proved to avoid will for, 276.
subject to considerations different from insanity, 304.

ECCENTRICITY,

allied to insanity, 47.

E.

does not necessarily prove insanity, 48.

ought not to be confounded with insanity, ib.
three classes of eccentric persons enumerated, ib.

ECCLESIASTICAL COURTS,

have exclusive jurisdiction respecting wills of personalty, 305.
of deciding validity of marriages, 447.

may examine parties as to making wills of personalty, ib.
receiver appointed pending a suit in, 313. See DELEGATES;
MARRIAGE; WILLS.

ELECTION,

lunatic cannot make, 237.

EQUITY (Court of),

will not set aside wills of real estate without trial at law, 281.
will not direct second trial without strong reasons, 287.
cannot relieve against a will of personalty for fraud or insanity,

314.

will restrain executor from taking advantage of fraudulent pro-
bate, 316.

perpetual injunction when granted by, ib.

will not restrain proceedings at law against lunatics, 409.

nor execution against their property, 432.

directed execution not to issue without leave when, ib. See CHAN-

CERY (Court of).

ERROR (Writ of),

from erroneous judgment on a traverse, 19.

to avoid matters of record, must be within 20 years, 250.
saving of five years in favour of lunatics, 251.

in Ireland, lies from the common law side of Court of Chancery,
799.

ESCHEATOR,

his office to inquire into title to property accruing to Crown, 74.
an ancient officer, ib.

formerly two, 75.

afterwards one for each county, ib.

remained in office one year, ib.

the oppressive conduct of, ib.

restrained from disseising persons without special warrant, ib.
required to restore lands improperly seized, ib.

to take inquests openly, &c., ib.

liable to treble damages for committing waste on land seized, 76.
lands seized by, not to be let, until return of inquest into Chan-

cery, ib.

inquest of, traversable by party aggrieved, ib.

must take inquest by persons impanelled by the sheriff, ib.
liable to penalty for not returning office within a month, 77.
must take inquest of office within a month after delivery of writ, 78.
must have lands of the yearly value of 40 marks, ib.

not to take inquests of office upon oaths of fewer than twelve jury-
men, ib.

lands seized by, may be let, 79.

Lord Hardwicke's opinion as to escheator's jurisdiction in lu-
nacy, 81.

EVIDENCE,

of insanity must be given, 35.

the general rules of, to be observed in proof of insanity, ib.
of insanity, delusion, 40, 293.

particular acts to be shewn, and not general, 35.

should apply to the particular transaction sought to be impeached,

50.

after derangement, not necessary to shew complete restoration of
party to former state, 52.

respecting sanity often conflicting, 54.

remarkable instance of conflicting, ib.

when contradictory, will be tried by the test of collateral circum-

stances, 55.

of insanity prevailing in other members of a family, not admissi-

ble, 59.

of medical men ought not to be founded on statements only with-
out examination, 62.

inability to comprehend figures, how far, 63.
inquisition of lunacy may be given in, 64.

prima facie evidence of insanity, ib.

not conclusive in Ecclesiastical Court, ib. 449.

inquisition finding a party not to be of unsound mind, not
conclusive, 65.

with fine, &c., held conclusive after the death of party, ib.
coroner's inquest to defeat a will, how far, quaere, ib.

INDEX.

EVIDENCE (continued).

capacity of party to do one act, not conclusive as to another, 66.
in support of a will of real estate, executor may give, 67.
inquisition of lunacy may be given in evidence on trial of an in-
dictment, 63.

is not conclusive, 64.
in questions of science, 67.

of medical men, 68-73. See MEDICAL MEN.

caption of fine evidence of capacity, 243.

warrant of attorney for suffering a recovery and caption of a fine,
not conclusive, 249.

often contradictory as to capacity of testators, 277.

must be decisive to avoid a will for monomania, 301.

where parties benefited are in a confidential relation, 317.
in support of codicil of a testator in a state of debility, 333. See
LUCID INTERVALS; SUICIDE; WILLS; WITNESSES.

EXCHANGE,

of lunatic's lands, ordered to be effected by committee, 184.
power of committee to exchange, doubted, 185.

under the general inclosure act, ib.

made by non compos, voidable, 256.

EXECUTORS,

competent witnesses of will of realty, 67.

idiots and lunatics cannot act as, 336. See ADMINISTRATION.

FELO DE SE,

F.

inquisition of, traversable, 65, 119.

finding a party non compos mentis, not, ib.

coroner not obliged to return depositions, ib.

slight evidence of insanity will warrant jury in not finding, 57.
lunatic cannot be, 473.

except during lucid interval, ib.

person dying of wound inflicted whilst non compos, is not, ib.
See SUICIDE.

FEOFFMENT,

FINES,

by non compos in person, voidable, 255.

by attorney, void, 256.

livery by attorney appointed before insanity of feoffee, valid, ib.
whether plea of incapacity by party will avoid, 262.

after office, King may avoid, ib.

two classes of persons may avoid acts of non compos, 263.

who cannot, ib. See PRIVIES.

idiots and lunatics should not be allowed to levy, 243.
levied by them, cannot be avoided, ib.

may declare uses of, ib.

levied after inquisition, valid, 244.

may pass as to others on insanity of one party, ib.

of married woman allowed to pass on her husband's becoming
insane, ib.