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give notice to the solicitor of the complainants thereof, which terminates the proceedings of a dedimus potesta tem to take the answer of defendants.

OF IDIOTS AND LUNATICS.

Special Contents.

1. Their description and character.

II. The Chancellor's charge and powers in relation to them.
111. When and in what situation it is expedient and lawful to
confine their persons.

IV. Affidavit proving their state of insanity.

V. Petition to the Chancellor, praying for a commission.
VI. Commission of lunacy.

VII. Præcipe to the sheriff.

VIII. Directions to the commissioners for executing the com

mission.

IX. Warrant to produce the lunatic,

X. Subpoena for witnesses.

XI. The inquisition signed by the jury.

XII. Decisions in relation to the guardianship of the lunatic.

XIII. Petition for the custody of the person and estate of the

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XIV. Order for committing the person and estate of the lunatic.
XV. Recognizance entered before the master, and his certificate

thereof.

XVI. Order of confirmation.

1. Their des

character.

AN idiot, or natural fool, is one that had no under- oription and standing from his nativity, and therefore is by law presumed never likely to attain any. A person is not an idiot if he hath any glimmering of reason, so that he

9. The Chancellor's charge

relation to

them.

can tell his parents his age, or the like common matters, but a man, who is born deaf, dumb and blind, is looked upon in the law as in the same state with an idiot, he being supposed incapable of any understanding, as wanting all those senses which furnish the human mind with ideas.

A lunatic, or non compos mentis, is one who hath had understanding, but by a disease or other accident hath lost the use of his reason. A lunatic, is indeed, properly one who hath lucid intervals, sometimes enjoying his senses, and sometimes not, and who frequently depending on the change of the moon, but under the general name of non compos mentis, are comprised not only lunatics, but persons under frenzies, or who lose their intellects by disease; those who grow deaf, dumb and blind, not being born so; or such in short, as are judged by the court of Chancery incapable of managing their own affairs.

By the act of the Legislature, passed on the 20th of and powers in March, 1801, it is provided, that the Chancellor shall have the care, and provide for the safe keeping of all idiots, lunatics, and of their real and personal estates; and for their maintenance, and also for the maintenance of the families of such lunatics, and the education of their children, out of the personal estates of such idiots and lunatics, and the rents and profits of their estates respectively, having regard to the amount and value of the same, and shall take care that the same be not wasted or destroyed.

3. When and in what situa

and lawful to

But as mental derangement is often of so furious a sion necessary nature, as to require an immediate restraint of the unconfine their fortunate patient, to prevent his doing harm to himself or others, there is a provision made by law for the immediate restraint and confinement of persons in this

persons.

unhappy situation. Two justices may order lunaties. or mad persons to be confined, but there is an express reservation in the statute of all the powers of the Chancellor, touching or concerning lunatics.

In order to procure a commission of lunacy, it is necessary to have the affidavit of two or more persons, setting forth the state and condition of the lunatic, and some instances of his expressions or actions, to show the ground of their opinion and belief of his being a lunatic, and incapable of governing himself and taking care of his estate.

Affidavit of insanity.

State of New-York, ss.

4. Affidavit proving the

A. B. C. D. & E. F. being duly sworn, say, that the deponents, for one year last past, have known and state of their been acquainted with (i. H. of the county of

we

and these deponents respectfully say, that within the space of six months last past, they have, by frequently observing the behaviour, words and actions of the said G. H. looked upon him as a person deprived of his reason in a very great degree. And this deponent A. B. says, that on or about the first of the present month of April, he heard the said G. H. say, that he thought the best way to defend the harbor of New-York was to stop it up, that a gun-boat could destroy a seventyfour, and on Wednesday last he saw him attempt to jump across the river. And the said C. D. says, &c. (Here set forth the most notorious facts, incoherencies and irrational discourses.) And these deponents severally say, that they believe the said G. H. is of un

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insanity.

sound mind and in no way capable of governing himself or his estate.

A. B.

C. D.

E. F.

Sworn to this

day of April, 1817, before me,
I. H. Master in Chancery.

the Chancellor

commission.

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To the Honorable James Kent, Chancellor of the state of New-York.

3. Petition to The petition of A. B. C. D. & E. F. of the city of praying for New-York, respectfully sheweth, that G. H. of the city of New-York, who is the brother-in-law of your petitioners, and whose father and mother are dead, now is, and for several years last past has been so far deprived of his reason and understanding, that he is rendered altogether unfit and unable to govern himself, or to manage his affairs, as by the affidavit annexed

appears.

"

Your petitioners therefore pray, that a commission. de lunatico inquirendo may issue out of this honorable court, to inquire of the lunacy of the said G. H. directed to such persons as your honor shall think fit, And your petitioners will pray, &c. .

:

A. B.

C. D.

E. F.

The petition and affidavit are to be presented to the Chancellor, who will thereupon make an order that a commission of lunacy issue. The commission is commonly directed to three or more persons who reside in the neighborhood of the lunatic, where the commission

ought to be executed. The commission is made out ⚫ by the clerk of the court, and is in the following form:

Commission of Lunacy.

sion of lunacy.

The People of the state of New-York, by the Grace 6. Commis God free and independent, To A. B. C. D. & E. F. Esquires, Greeting:

Know, that we have assigned three or more of you, to inquire, by the oaths of good and lawful men of our city and county of New-York, by whom the truth of the matter may be the better known, whether G. H. of the said city and county is a lunatic, or enjoys lucid intervals, so that he is not fit for the government of himself, his manors, messuages, lands, tenements, goods and chattels, and if so, from what time, after what manner, and how, and if the said G. H. being in the said condition hath alienated any lands and tenements or not? And if so, what lands, and what tenements, to what person or persons, where, when, and after what manner, and how, and what lands and tenements, goods and chattels as yet remain to him, and of what person and persons, as well the lands and tenements so alienated as the lands and tenements to him retained, are held, and after what manner, and how much they are worth by the year in all issues, and who is the nearer heir, &c. &c. and of what age. And therefore we command you, three or more of you, that at certain days and places which you shall for that purpose appoint, ye diligently make inquisition in the premises, and the same distinctly and plainly made, to us in our Chancery, under your seals, and the seals of those persons by whom it shall be made, without delay ye send,

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