So long as a person is not actually declared insane or an idiot, he has a right to man age his own affairs; and the only way, in England, in which he can be deprived of such right used to be by a writ de lunatico inquirendo, issuing out of chancery, which author ized the impaneling of a jury to decide whether he was a lunatic or not. The custody and care of lunatics were vested in the crown; and the lord chancellor, as the depositary of this jurisdiction, issued the writ on petition. The practice has now been c,onsiderably altered by various statutes, but, as a general rule, it is still the law, that, unless a person has been officially declared a lunatic, either by the verdict of a jury, or by a certificate of a master in lunacy, he is still entitled to manage his own affairs. In England and Ireland, there is no intermediate state called imbecility or weakness of mind, with which the law interferes, as there is in Scotland (see INTERDICTION, IMBECILITY), and hence, if a weak person is imposed on, it is treated merely as a case of fraud, the weakness forming an element of such fraud; but there is no machinery for restraining the natural right, even of weak-minded persons, to do what they like with their property. As regards idiots and lunatics, the mode in which they are judi cially declared to be so, is as follows: There are certain persons called masters ha lunacy, whose business it is to conduct the inquiries which are necessary, and preside over the jury, and they also visit lunatics in certain cases. The commissioners of lunacy form a board, which supervises generally the lunatic asylums and licensed houses for reception • of lunatics. The incapacity of a lunatic or idiot is conclusively established by the ver dict of a jury under an inquisition de lunatic° inquirerulo, held before a master in lunacy; or, if the case is too clear for a jury, and where the party has not mental capacity to declare his wish on the subject, by a certificate of a master in lunacy. The lord chan cellor may direct the trial to take place before one of the common-law judges, and the evidence is to be confined to the lunatic's conduct during the previous two years only. The costs of the trial are in the lord chancellor's discretion. If the party has property, the lord chancellor then appoints, on petition, a committee of the estate or of the person of the lunatic, and the visitors in lunacy must visit such lunatic at least once a year, unless the lunatic is in a private house unlicensed, in which case he must be visited four times each year. The lunatic is thus kept under the immediate control of the court of chancery, which manages his property through the agency of the committee and of the visitors in lunacy. But as many lunatics have no property, or property of a trifling nature, it has long been found necessary to provide asylums and registered houses for the reception of lunatics, all which are more or less under the control of the commissioners in lunacy. Houses kept for the reception of lunatics are either pro vided by the counties, and called county asylums. or they are hospitals founded by charitable donors, or they are mere private houses, kept for purposes of profit by indi viduals. County asylums were first established in 1808 (see LUNATIC Asmum). The justices of every county are bound to provide such an asylum, or to join with some other parties in keeping one, the expense being defrayed out of the county rates, and a committee of justices being appointed as visitors, to see that the statute is complied with. The object of the county asylum is to receive the lunatic paupers of the county.
As a general rule, it is incumbent on the parish officers of each parish to report to the neighboring justices any case of a lunatic pauper being in their parish. In some cases of a harmless description, such paupers may be kept in the workhouse; but in other cases, on the matter being reported to the justices, the latter order the paupers to be brought before them for examination, and then send them to the county asylum; the parish to which the pauper belongs—i.e., in which lie is legally settled—being liable to defray the maintenance; but if the parish which is legally bound to support the pauper cannot be discovered, then the expense is to be charged to the county. If the pauper cannot be examined by the justices, the medical officer and a clergyman may sign a certificate, which is taken to be evidence of the lunacy. As to private houses, no per son is allowed to receive two or more lunatics, unless such house has been previously licensed by the commissioners in lunacy, which license is only given after inspection, and a report as to its sanitary arrangements and other items of management. No per son can be legally received into such licensed house without a written order from the person sending him, and the medical certificates of two physicians, surgeons, or apothe caries. The keepers of such houses are liable to visitation by the commissioners, and to render regular reports as to all particulars concerning the admission, death, removal, discharge, or escape of patients. The commissioners have power to visit at unexpected times, and to receive reports from other visitors. The commissioners may discharge persons who seem to be detained without sufficient cause.
In Scotland, the law differs In several respects from the above. Idiots and lunatics are often called fatuous and furious persons respectively; and there is an intermediate state called imbecility or weakness of mind, upon evidence of which the relations may apply to the court of session for judicial interdiction (q.v.), which has the effect of pro tection. the imbecile from squandering his heritable property. The care and custody of lunatiCs and idiots belong to the court of session, which may appoint a curator Lords or judicial factor to take charge of the estate, and a curator or tutor dative to take charge of the lunatic's person. A party is cognosced as a fatuous or furious person by a jury presided over by the sheriff. The recent statutory provisions concerning Scotch luna tics are contained in the statutes 20 and 21 Vict. c. 71, 21 and 22 Vict. c. 89, and 25 and Vict. c. 54. There is also a board called the commissioners in lunacy for Scotland, who may grant licenses for private asylums. They may also give special licenses to occupiers of houses for the reception of lunatics, not exceeding four in number, subject to rules and regulations. Counties and parishes may contract for accommodation of their lunatic paupers. Minute provisions are contained in these statutes as to the mode of treatment and visitation of lunatics, which, in leading points, resemble those regulating the practice in England.