7. Præcipe to the sheriff.

and this our writ: For we command, by the tenor of
these presents, our sheriff of our city and county of New-
York aforesaid, that at certain days and places which
you
shall make known to him, he cause to come before
you, three or more of you, so many and such good and
lawful men of his bailiwick, by whom the truth of the
matter in the premises may be better known and in-
quired into. In testimony whereof, &c. &c. Wit-
ness, &c.

This commission being taken out, the commissioners herein named, are to issue a præcipe in the nature of a venire facias to the sheriff of the proper county, to summons a jury, which is in the following form:

Præcipe to the Sheriff.(a)

By virtue of a commission in the nature of a writ, de lunatico inquirendo bearing date at, &c. to us whose names are here underwritten, and others in the same commission named, directed, to inquire if G. H. of the city and county of New-York, be a lunatic or not: These are therefore to will and require you, to cause to come and appear before us, twenty-four honest and lawful men of the city and county of New-York aforesaid, on the next, by ten of the clock in the forenoon of the same day, at the house of and situated in

day of

street, and com

monly known by the name of tavern, then and there upon their oaths, to inquire of the lunacy of the said G. H. and of all such matters and things as shall be given them in charge by virtue of said commission; and thereof fail not at your peril.

(a) 1 Harrison, 744.

8. Directions

sioners.

1. The sheriff having returned the præcipe directed to him by the commissioners, endorses thereon the fol- to the commis. lowing return: "The execution of this præcipe appears by the panel hereunto annexed-S. T. sheriff." The list of the persons which must be at least twelve, and not more than twenty-four, is annexed to the præcipe.

2. The commissioners call over the persons, and administer to them the following oath :

Oath administered to the Commissioners.

You shall well and truly inquire, touching the lunacy of G. H. and of all such matters and things as shall be given you in charge, by virtue of a commission issued out of the court of Chancery, to inquire into the said lunacy, and now here to be executed, and a true inquisition make, according to evidence. So help you God.

3. The jury being all sworn, one of the commissioners is to read to them the object of their being summoned, and their duties, which he will learn from reading over the draft of the inquisition to be returned.

4. The witnesses qualified by taking the following oath :

The evidence you shall give, touching the lunacy of G. H. and all such matters and things as shall be inquired of you, by virtue of a commission out of the court of Chancery, to inquire into the said lunacy now here to be executed, shall be the truth, the whole truth, and nothing but the truth. So help you God.

The jury may see the lunatic, and may examine him, (not on oath, of course,) if they think fit.

5. Having gone through with the process, the commissioners, or some of them, make such observations to the jury on the testimony as may be proper. The jury are then to give their verdict, and as they find, the several blanks left in the draft of the inquisition are to be filled up. Then the inquisition is to be fairly copied; and after it is read to the jury, it is to be signed by the commissioners and the jury-each name to have a seal.

6. The inquisition being signed, it is given with the præcipe to the sheriff, and the anel returned by him, to be annexed to the commission; on which are to be endorsed these words: "The execution of this commission appears by the inquisition and præcipe, with the return thereof hereunto annexed.

This being done, the whole, with this sheet of paper,

is to be returned to the solicitor who attends to the business."

If the lunatic is in custody of any person who will not produce him, the commissioners are to issue a warrant under their hands and seals, directed to the per son who has the custody of the lunatic, which warrant is in the following form:(a)"

Warrant to produce the Lunatic.

to produce the

By virtue of a commission in the nature of a writ of. 9. Warrant de lunatico inquirendo, under the seal of this court, bear- lunatie, ing date at, &c. (here insert the date of the commission,) to us whose names are here under written, and others in the same commission named, directed to inquire whether G. H. of the city and county of NewYork, be a lunatic or not. These are to will and require you to produce before us the said G. H. at the execution of the said commission, on &c. &c. (as in the summons,) there to be examined, touching the matters aforesaid; and you are to give him notice of it accordingly—as also to any other person or persons who are his guardians, or trustees of his estate, that they may appear in his defence if they shall think fit. Given under our hands and seals.

To A. B. or such other person or persons as now have the said G. H. in their custody or power.

Instead of the above warrant an order may be obtained from the Chancellor, that the lunatic be produced at the time of executing the writ.

If there is any apprehension entertained that the witnesses, will not attend, subpoenas may be issued un

(a) 1 Harrison, 145.

der the hands and seals of the commissioners, as follows:

10. Subpœna for witnesses.

11. Inquisition signed by the jury.

Subpæna for witnesses.

By virtue, &c. (as before.) These are to will and require you, that you personally be and appear before us, on, &c. (as in the summons,) then and there upon your oath, to testify the truth according to your knowledge, touching the lunacy of the said G. H. and of all such matters and things as shall be demanded of you by virtue of said commission; hereof fail not at your peril. Given under our hands and seals, &c.

The commissioners and jury having examined the lunatic and the necessary witnesses, the jury are to sign and seal an inquisition, which is in the following form:

City and county of New-York, ss.

An inquisition, taken at the house of ated in

said, on the

situ

street, of the city and county aforeday of May, in the year of our Lord one thousand eight hundred and eighteen, before (here name the commissioners, who act as in the commission,) commissioners appointed by virtue of a writ de lunatico inquirendo, under the seal of the court of Chancery of the state of New-York, bearing date the day of May, 1818, to them the said commissioners directed to inquire, among other things, of the lunacy of the said G. H. upon the oaths of (name the persons, twelve in number, and as many more as acted, but there must be twelve at least) good, honest and lawful men of said