Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
But though no commission has issued, the Court of Chancery will
interpose, as where the Lord Chancellor stopped a lunatic from being
carried out of the jurisdiction of the Court (into Scotland), Lady
_Marr’s case_, cited in Lady _Annadale’s case_. _Amb._ 82. The Court
also retains some jurisdiction after the death of the lunatic, _Ex parte
Grimstone, Ambler._ 706; _Ex parte Armstrong_, 3 _Bro. Ch. Ca._ 238;
_Fitz-gerald’s Case_, 2 _Sch. and Lef._ 439.[500].
Formerly the inquiry respecting idiots and lunatics was made by Writs to
the Escheator or Sheriff as an officer to enquire of the revenues of the
Crown, (_F. N. B._ p. 531: 1 _Collinson_, 117: _Ex parte Southcote_, 2
_Ves._ 401:) but these being very strict as to the wording, and as no
person could be found idiot or lunatic under them, except those who came
under the strict definition of either denomination, the Writs have been
superseded by Commissions[501] of a more comprehensive character under
the great seal[502]. These Commissions are directed to five
Commissioners,[503] who, or any three or more of them, are openly to
enquire on the oaths of twelve or more good and lawful men, whether the
person be or not an idiot, lunatic, or _non compos_: 1 _Collinson_, 120.
And they have power to issue their warrant to any person to produce the
_non compos_[504], _ib._ 143; which, if not obeyed, will be enforced by
the Lord Chancellor, and costs decreed, if required against the persons
having the custody of the party. _Ex parte Southcote_, 2 _Ves._ 401.
405: see also Lord _Wenman’s_ case[505] _ubi supra_. The Commissioners
have also power to summon witnesses as incident to their office. _Ex
parte Lund_, 6 _Ves._ 784.[506]
Where there is any misbehaviour in the execution of a Commission,
whether by the Commissioners, or Jury, (_Ex parte Roberts_, 3 _Atk._ 6.)
the Chancellor will quash it, and direct a new Commission.
If there has been a finding against the king, there may be _a melius
inquirendum_, but this is for the Crown only (3 _Atk._ 6.), which cannot
traverse as the subject can.
The remedy of the subject is by traversing the inquisition, or by
bringing the question to an issue at law. The right of traverse has been
disputed; Sir _John Cutt’s_ case, _Ley._ 26. 3 _Atk._ 6.; and it was
held that permission to traverse was a favour granted by the Court, and
not a right; _ibid._ but it is now established to be _de jure_ under the
2 _Ed._ 6. c. 8. § 6. _Ex parte Wragg_, and _ex parte Ferne_, 5 _Ves._
450. 832. But the petition of a stranger for this purpose will be
dismissed with costs: _Ex parte Ward._ 6 _Ves._ 579.
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