LUNACY.—There is no general definition of lunacy which holds equally in law and in medicine. In law the term nifty include temporary or permanent insanity, mental derangement, a.nd delirium tremens, and it may even also include idiocy. So far as a general definition is possible, lunacy may be described as the condition of an individual who has de parted front the states of feeling and niodes of thinking general to the comnmnity to which he belongs, and usually enjoyed by the normal individual in health who is a member of that community. Shortly, a lunatic is an individual the operation of whose mind is abnormal. Insanity is perhaps the best general word to use as opposed to idiocy. In medicine, insanity has to do with a prolonged departure of the individual from his natural mental state arising from bodily disease. In law insanity covers nothing niore than the relation of the person to the particular act which is the subject of judicial investigation. " The legal problem must resolve itself into the inquiry, whether there was mental capacity and moral freedom to do or abstain from doing the particular act." In England the jurisdiction over lunatics and the custody and control of their property has always been a prerogative of the crown, and it is as the administrator of that prerogative that the Lord Chancellor is the supreme authority in matters relating to lunatics. The law as to this is now contained in the Lunacy Acts, 1890 and 1891, and Rules made theretmder. These statutes and rules are exceedingly voluminous, but an attempt will be made in this article to give some idea of their nature, and afterwards to particularly notice the criminal and contractual responsibility of lunatics. Two classes of lunatics are generally distinguished, though m each class the person is said to be " of unsound mind." When he is so found by an inquiry, or inquisition, he is termed a person " of unsound mind so found by inquisition ;" and when he is one who is not so found he is termed a person " of unsound mind not so found by inquisition." Judicial powers over person and estate of lunatics.—The Judge in Lunaey.—The Act of 1890 creates the office of a Judge in Lunacy. The jurisdic tion of this judge is exercisable by the Lord Chancellor, acting either alone or jointly with any of the judges of the supreme court, or by any one of those judges as his deputy. Ile makes orders for the custody of lunatics so found by inquisition and the management of their estates. The costs of proceedings for ascertaining whether a person is lunatic can be ordered to be paid by the lunatic or alleged lunatic, or paid out of his estate. Masters in Lunacy are officials who execute commissions of inquiry and conduct inquiries connected with lunatics or their estates, and perform any other duties assigned to them by the judge. In each case of alleged lunacy a general commission of inquiry is directed to a Master, and he thereupon inquires into the facts of the particular case. He has power to administer oaths and summon witnesses, and every one so summoned is bound to attend as required by the summons. The powers of the judge are very extensive. They apply, so far as relates to management and administration, not only to lunatics so found by inquisition, but also to lunatics rot so found, for the protec tion or administration of whose property an order was made before the com mencement of the Act of 1890. They also apply to persons lawfully detained as lunatics, though not so found ; and to any one not so detained and not found a lunatic by inquisition, with regard to whom it is proved to the judge that the person is, through nemtal infirmity arising from disease or age, incapable of managing his affairs. And the judge has a like power over a person who is proved, by affidavit or otherwise, to be of unsound mind and incapable of managing his afihirs, so long as his property is not worth more than .E2000, or his income exceed £100. A criminal lunatic is also subject to the jurisdiction of the judge in lunacy. These powers of the judge are exercised, according to his discretion, for the maintenance or benefit of the lunatic, or of him and his family, or where it is expedient fir the management of the lunatic's property.
The Committee is the person appointed to be the trustee or administrator of the lunatic's estate, and to carry into effect the orders of the judge relating to the lunatic. Subject to the authority and direction of the judge a committee has very extensive powers. The judge can order—(a) payment of the lunatic's debts or engagements ; (h) the discharge of any encumbrance on his property ; (c) payment of any debt incurred for the lunatic's maintenance or otherwise for his benefit ; and (d) payment of or provision for the expenses of his future maintenance. If the lunatic is a member of a partnership the judge can dissolve the partnership. Under the order of the judge a committee can—(a) sell any property belonging to the lunatic ; (b) make exchange or effect a partition of any property belonging to the lunatic or in which he is interested, and give or receive money for equality of exchange or partition ; (c) carry on the trade or business of the lunatic ; (d) grant leases of the lunatic's property, for building, agricultural or other purposes ; (e) grant leases of minerals forming part of the lunatic's property, whether the same have been already worked or not, and either with or without the surface or other land ; (f) surrender leases and accept new ones; (g) accept a surrender of a lease and grant a new one ; (h) execute any power of leasing vested in a lunatic whose estate is only a limited one ; (i) perform any contract relating to the property of the lunatic entered into by the lunatic before his lunacy ; ( j) surrender, assign, or otherwise dispose of, with or without consideration, any onerous property belonging to the lunatic; (k) agree as to the patronage of augmented cures ; (/) exercise any power or give any consent required for the exercise of any power where the power is vested in the lunatic for his own benefit, or the power of consent is in the nature of a beneficial interest in the lunatic. A committee may also exercise any power
vested in the lunatic in the character of trustee or guardian. 7'emporary lunoeies.—If the unsoundness of mind of a lunatic so found by inquisition is in its nature temporary, and will probably be soon removed, the judge will order temporary provision to be made for his maintenance, and that of the members of his family dependent upon him. Stocks. and shares.—Where a lunatic is entitled to any stock standing in his name the judge has power to transfer it to the committee, or to be otherwise dealt with. And so, where the lunatic is solely entitled to any stock or chose in action upon trust or by way of mortgage, the judge can vest it in some •ther person, and authorise the latter to receive the dividends or sue for the chose in action. That person may also be authorised to execute or receive a transfer. The person in whom the right to transfer or call for a transfer of any stock is vested, may execute and do all powers of attorney, assurances, and things to complete the transfer to himself or any other person according to the order of the judge. The Bank, and all other companies and their officers, and all other persons are bound to obey every such order according to its tenor. After notice in writing of such an order it is not lawful for the Bank or any other company to transfer any stock to which the order relatcs, or to pay any dividends thereon except in accordance with the order.
The Commissioners in Lunacy are a body of medical practitioners and barristers appointed by the Lord Chancellor, their principal duty being the licensing of houses for the reception of lunatics, the visita.tion and supervision of all lunatics in asylums, hospitals and licensed houses, and the making of regulations. At the expiration of every six months they are required to report to the Lord Chancellor the number of visits they have made and the number of patients they have seen. And in the month of June in every year they must specially report as to the condition of the institutions for lunatics, and other places visited by them, and of the care of the patients therein, with such other particulars as they think deserve notice. These reports are laid before Parliament. The Chancoy Visitors are officials whose duty it is to visit lunatics so found by inquisition, to make inquiries and investigations to their care and treatment and mental and bodily health and the arrangements for their maintenance and comfort. Every such lunatic must be personally visited and seen by one of the visitors twice at least in every year, and these visits should be so regulated that the interval between successive visits to each lunatic does not exceed eight months. But lunatic residents in a private house must be visited at least four times a year during the two years following the inquisition. The visitors must also visit persons alleged to be lunatics and report thereon. The visits of the Commissioners have certain definite objects in view. The scope of their inquiries generally is indicated by those they are required to make on their visits to lunatics in asylums. In such cases they must inquire :—(a) Whether the provisions of the law have been carried out ; (i) As to the construction of the building ; (ii) As to visitation ; (iii) As to manage ment ; (iv) As to the regularity of the admission and discharge of patients : (b) Whether divine service is performed ; (c) Whether any system of coercion is practised, and its result ; (d) As to the classification of patients and the number of attendants on each class ; (e) As to the occupation and amusements of the patients, and their effects ; (j) As to the bodily and mental condition of the pauper patients when first admitted ; (g) As to the dietary of pauper patients ; and (h) As to such other matters as they think fit. Lunatics in private families and charitable establishments.—If it comes to the knowledge of the Commissioners that any person is detained or treated without an order or certificates, by any person receiving no payment for the charge, they may order the latter to send periodical reports to them of the mental and bodily condition of the patient, with such other particulars as they require. They may at any time visit such a patient. Though they cannot discharge or remove him from the detention without the order of the Lord Chancellor, they can exercise all other powers over him in the same manner as if he were in an asylum.