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nature of the antient writ de lunatico inquirendo—(which is analogous to that de idiota inquirendo) before mentioned -[to inquire into the party's state of mind.] The proceedings under such a commission are regulated by 16 & 17 Vict. c. 70, called "The Lunacy Regulation Act, 1853” (w), which commits the conduct of them to certain judicial officers called Masters in Lunacy (x); and the inquiry into the state of mind of the party, as authorized by such commission, usually (y) takes place before a jury; whose inquisition must be upon the oath of twelve men at least (z). If by such inquisition the party be found non compos, the care of his person, with a suitable allowance for his maintenance in some private or public asylum (where an asylum is requisite), is usually committed to some friend, who is then called his committee (a). [How

mission which is authorized by the late statute, 15 & 16 Vict. c. 70, to be issued to the masters in lunacy, directing their inquiry into such cases generally as shall be referred to them. See sects. 39, 50, of that act.

(w) By this statute (which is amended by 18 & 19 Vict. c. 13) many previous ones on the same subject, viz., 6 Geo. 4, c. 53; 1 Will. 4, c. 65; 3 & 4 Will. 4, cc. 36, 84; 5 & 6 Vict. c. 84; 15 & 16 Vict. c. 48, are either wholly or in part repealed. Matters in lunacy are regulated not only by the acts of 16 & 17 Vict. c. 70, and 18 & 19 Vict. c. 13, and such provisions of the other acts above mentioned as are unrepealed, but by General Orders in Lunacy, made 7th Nov. 1853, and 8th Nov. 1856. And it may be as well also to mention here the statute 14 & 15 Vict. c. 81, as to inquisitions of lunacy taken in India.

(x) See also, as to these officers, the provisions of 8 & 9 Vict. c. 100.

(y) But not necessarily. For by sect. 42 of this act, where the alleged lunatic does not demand an inquiry before a jury, or the lord chancellor is satisfied by personal examination of him, that he is incompetent to form and express a wish in that behalf, and deems it inexpedient that the inquiry should be before a jury, the masters in lunacy may, without a jury, inquire into the party's state of mind, and certify their finding thereon.

(z) 16 & 17 Vict. c. 70, ss. 40— 48. Any person aggrieved by such inquisition being untruly found, may traverse or deny the same, and have the issue determined by the verdict of a jury. As to such traverse, see sect. 148-151.

(a) In this case of persons of unsound mind the civil law agrees with ours, by assigning them tutors to protect their persons, and curators to manage their estates. But in another instance, the Roman law

[ever, to prevent sinister practices, the next heir is seldom permitted to be this committee of the person, because it is his interest that the party should die. But it hath been said that there lies not the same objection against his next of kin, provided he be not his heir; for it is his interest to preserve the lunatic's life, in order to increase the personal estate by savings which he or his family may hereafter be entitled to enjoy (b). And the heir is generally made the manager or committee of the estate, it being clearly his interest by good management to keep it in condition; but he is accountable to the court of chancery, and to the non compos himself, if he recovers; or otherwise to his administrators (c).] Moreover by the Lunacy Regulation Act, 1853, above mentioned, it is provided, that every person found by inquisition to be lunatic, shall be personally visited and seen and reported upon, by at least one of the medical or legal visitors appointed for this and other purposes by the act, once at the least in every year, and at such other times as the lord chancellor may direct (d).

Our statute law contains, besides, a variety of other provisions for the protection and management of persons labouring under this deplorable calamity,—but they are not of a nature to be conveniently stated in this place, and

goes much beyond the English; for if a man by notorious prodigality was in danger of wasting his estate, he was looked upon as non compos, and committed to the care of curators or tutors, by the prætor. (Ff. 27, 10, 1.) And by the laws of Solon, such prodigals were branded with perpetual infamy. (Potter, Antiq. bk. i. c. 26.) But with us, when a man on an inquest of idiotcy hath been returned an unthrift, and not an idiot, no further proceedings have been had. (Bro. Abr. tit. Idiot, 4); 1 Bl. Com. p. 306.)

(b) 2 P. Wms. 638.

(c) The committee is empowered

in many cases to represent or act for the lunatic; vide sup. vol. 1. p. 478. In addition to the statutes there mentioned, may be noticed 13 & 14 Vict. c. 35, giving power to the committee of the estate of a lunatic interested in any question to be stated for the opinion of the court of chancery, to concur in the case in his own name, and on behalf of the lunatic (sect. 2).

(d) See 16 & 17 Vict. c. 70, ss. 2, 104-107. By sect. 105, the visit (as far as circumstances will permit) is to be made by the legal visitor either alone or in company with one of the medical visitors.

shall be reserved therefore for a subsequent division of the work (e).

:

10. [The sovereign is likewise the fountain of honour, of office, and of privilege; and this in a different sense from that wherein he is styled the fountain of justice for here he is really the parent of them. It is impossible that government can be maintained without a due subordination of rank; that the people may know and distinguish such as are set over them, in order to yield them their due respect and obedience; and also that the officers themselves, being encouraged by emulation and the hopes of superiority, may the better discharge their functions; and the law supposes that no one can be so good a judge of their several merits and services, as the sovereign himself who employs them. It has, therefore, intrusted with him the sole power of conferring dignities and honours, in confidence that he will bestow them upon none but such as deserve them. And therefore all degrees of nobility, of knighthood, and other titles, are received by immediate grant from the crown either expressed in writing, by writs or letterspatent, as in the creation of peers and baronets; or by corporeal investiture, as in the creation of a simple knight;] and the law of England prohibits all subjects of the realm from receiving any hereditary title from any foreign prince without the consent of their own sovereign (ƒ).

[From the same principle also arises the prerogative of erecting and disposing of offices; for honours and offices are in their nature convertible and synonymous. All offices under the crown carry in the eye of the law an honour along with them; because they imply a superiority of parts and abilities, being supposed to be always filled with those that are most able to execute them. And, on the other hand, all honours, in their original, had duties or offices

(e) Vide post, bk. IV. pt. III., chapter on the laws relating to lunatic asylums and their manage

ment.

(f) Jac. Dict. in tit. Peers. See further on the subject of the nobility, &c. post, bk. IV. pt. I. c. IX.

[annexed to them: an earl, comes, was the conservator or governor of a county; and a knight, miles, was bound to attend the king in his wars. For the same reason therefore, that honours are in the disposal of the sovereign, offices ought to be so likewise; and as he may create new titles, so may he create new offices: but with this restriction, that he cannot create new offices with new fees annexed to them, nor annex new fees to old offices (g); for this would be a tax upon the subject, which cannot be imposed but by act of parliament (h). Wherefore, in the thirteenth year of Henry the fourth, a new office being created by the king's letters-patent for measuring cloths, with a new fee for the same, the letters-patent were, on account of the new fee, revoked and declared void in parliament.

Upon the same or the like reason, the sovereign has also the prerogative of conferring privileges upon private persons; such as granting place or precedence to any of his subjects, as shall seem good to his royal wisdom (i).] He cannot, however, on the creation of a peer, give him precedence before others of the same rank, the power of the crown being in that respect restrained by 31 Hen. VIII. c. 10, which settles the place and precedence of all the nobility and great officers of state (j). The sovereign may also convert aliens into denizens (k); whereby some very considerable privileges of natural-born subjects are conferred upon them. He may also erect corporations (1), [whereby a number of private persons are united and knit together, and enjoy many liberties, powers and immunities in their politic capacity, which they were utterly incapable of in their natural.]

(g) Com. Dig. Prærog. D. 3. (h) 2 Inst. 533.

(i) 4 Inst. 361.

(j) Hovenden's Blackstone, vol. i. p. 272, where the 4th art. of the Act of Union with Ireland is also cited.

(k) As to aliens and denizens, vide sup. pp. 416, 418.

(1) As to corporations, vide sup. vol. 1. p. 356; et post, bk. IV. pt. 111.

C. I.

By the civil list act, passed at the queen's accession, 1 & 2 Vict. c. 2, her majesty is also empowered to grant pensions to the amount of 12007. per annum, chargeable on her civil list revenues, which are intended for the remuneration of those who have just claims on the royal beneficence, or by their services or discoveries have merited the gratitude of their country.

11. [Another light in which the laws of England consider the sovereign, with regard to domestic concerns, is as the arbiter of commerce.]

The royal prerogative, so far as it relates to this subject, will fall principally under the following articles:

First, [the establishment of public marts, or places of buying and selling; such as markets and fairs, with the tolls thereunto belonging (m). These can only be set up by virtue of the royal grant, or by long and immemorial usage and prescription, which presupposes such a grant (n). The limitations of these public resorts, to such time and such place as may be most convenient for the neighbourhood, forms a part of economics, or domestic polity; which, considering the kingdom as a large family, and the sovereign as the master of it, he clearly has a right to dispose and order as he pleases.

Secondly, the regulation of weights and measures. These, for the advantage of the public, ought to be universally the same throughout the kingdom; being the general criterions which reduce all things to the same or an equivalent value. But as weight and measure are things in their nature arbitrary and uncertain, it is therefore expedient that they be reduced to some fixed rule or standard; which standard it is impossible to fix by any written law or oral proclamation; for no man can, by words only, give another an adequate idea of a foot-rule, or a pound weight. It is therefore necessary to have recourse to some visible, palpable, material standard; by forming a comparison with which, all weights and measures may be reduced to one uniform size: and

(m) Vide sup. vol. 1. p. 663.

(n) 2 Inst. 220; vide sup. vol. 1. p. 683.

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