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
Where there are sufficient funds, a liberal application of the property
of a lunatic ought to be made, in order to afford him every comfort his
situation will admit, _Ex parte Baker_, 6 _Ves._ 8. _ex parte Chumley_,
1 _Ves. jun._ 296. _Dormer’s Case_, 2 _P. Wms._ 265. 3 _P. Wms._ 104.
His comfort, where no creditor complains, is the first object, not the
heaping up of riches for his next of kin, _ib._ The Chancellor will not
make an order, even for creditors, the effect of which would be to put
the lunatic in a state of absolute want, _Ex parte Dikes_, 8 _Ves._ 79;
nor unless it is clear that he will have a sufficient maintenance, _Ex
parte Hastings_, 14 _Ves._ 182.
We are next to consider how a party once found lunatic, can, upon
recovery, resume his natural and civil rights;[507] for this purpose the
strongest medical as well as general evidence will be necessary, not
only as to absolute recovery, but temporary remissions or lucid
intervals, for if a party be once found non compos, the finding is
conclusive, till evidence be shown to the contrary, see _Hall_ v.
_Warren_, 9 _Ves._ 605: _Attorn. Gen._ v. _Parnther_, 3 _Bro. Ch. Ca._
441: and if as to a lucid interval there must be this severity of proof,
much more must the onus of proving an absolute recovery rest with the
party seeking to set aside the former finding of a competent tribunal,
or even to negative an established presumption;—“When the party has ever
been subject to a commission, or to any restraint permitted by law, even
a domestic restraint, clearly and plainly upon him in consequence of
undisputed insanity, the proof shewing sanity is thrown upon him; on the
other hand, where insanity has not been imputed by relations or friends,
or even by common law, the proof of insanity, (which does not appear
ever to have existed) is thrown upon the other side; which is not to be
made out by rambling through the whole life of the party; but must be
applied to the particular date of the transaction. A deviation from that
rule will produce great uncertainty.” Lord _Eldon_ in _White and
Wilson_, 13 _Ves._ 88; see also 3 _Bro. Ch. Ca._ 241. On motion that a
recovered lunatic might settle his estate, Lord Keeper _North_ refused
the motion, but directed an issue in the Common Pleas to try the fact of
the recovery, 1 _Vern._ 155. so also Lord _Eldon_ in _ex parte
Holylands_, 11 _Ves._ 10; but the commission may sometimes be superceded
on inspection, when it is usual for the physician to attend. 1 _Fonb.
Tr. Eq._ 65. or to make affidavit; but the former mode is the best.
It has been said that there are no degrees of defect of understanding
save idiotcy and lunacy, _Hume_ v. _Burton, Ridgw. Par. Ca._ 211; this
may be true as relates to commissions of idiotcy or lunacy, and their
consequences, but it is neither legally or medically correct in any more
extended sense.
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