LUNACY. Uusoundneee of mind is perhaps the most accurate defi nition of the present legal meaning of this term that can bo given. Formerly a distinction was made between lunatics and idiots : a luna tio being described an one who has had understanding, but from some cause has lust the use of his renown; an idiot, as one who has had no understanding from his nativity. distinction between these two dames of persons of unmund mind also produced some important differences in the management of their property. These have now fallen into disuse, and therefore it will be sufficient for the purposes of this article to consider the consequences to the individual of unsound , nese of mind generally. Strictly speaking, perhaps a lunatic is one who has lucid intervals, but this distinction may also at the present day be disregarded.
Persons of unsound mind may inherit or succeed to land or personal property either by representation, devise, or bequest, but they cannot be executors or administrators, or make a will, or bind themselves by contract. It is stated by Blackstone that the conveyances and pur chases of persons of unsound mind are voidable, but not actually void; this however perhaps needs some qualification, for a bargain and sale, or surrender, &e., and also personal contracts made or entered into by such persons, are actually void as against their heirs or other represen tatives, though it is true a feoffment with livery of seisin was voidable only. [CosrvEvaxeEs.] A person of unsound mind, though he after wards be restored to reason, is not permitted to allege his own insanity in order to avoid his own act ; for no man is allowed to stultify him self, or plead his own disability (13 Vesey, 590), unless he has been imposed upon in consequence of his mental incapacity (2 Carr. & P. 178; 3 Carr. & P. 1, 30); and an action will lie against a lunatic upon his contract for necessaries suitable to his station. The reader is referred for information upon this subject to 1 Blackst. Comm., p, 297, Mr. Kerr's ed. ; 1 Fonbl. Dz., b. 1, c. 2; Sugd. Pole., 295-6 ; 5 Barn. & C. 170 ; Moody & M. 105-6. Acts done during a lucid interval are valid, but the burden of proving that at the time when the act was done the party was sane and conscious of his proceedings, Bea upon the person asserting this fact. The marriage of a person of unsound mind, except it be solemnised during a lucid interval, is void.
The degree of responsibility under which persons of unsound mind are placed with respect to crimes committed by them, as well as the degree of unsoundness of mind which should be considered as depriv ing the party of that amount of self-control which constitutes him a responsible agent, are in a painful state of uncertainty. As a general rule it may however be laid down that where unsoundness of mind, of such a nature as to render the party incompetent to exercise any self control, is established, criminal punishment will not be inflicted ; but that he will be kept in safe custody during the pleasure of the crown (39 & 40 Geo. III., c. 94, and 1 & 2 Viet., c. 14). On the subject of criminal responsibility, and what constitutes unsoundness of mind in a legal point of view, the reader is referred to the various treatises on medical jurisprudence. The following remarks may however be useful.
In lunacy the question to he decided is not whether the individual be actually of sound mind, though a jury on an inquisition held under a commission of lunacy must express their opinion or finding in the form that the alleged lunatic is of " unsound mind" (In re Holmes, 1 Russell, 182); but though such must be the finding in order to make a man legally a lunatic, the real question is whether or not the departure from the state of sanity be of such a nature as to justify the confine ment of the individual, or the imposition of restraint upon him as regards the disposal of his property. No general rule can be laid down by which to ensure a right decision : but in all such inquiries it should be kept in mind that insanity varies infinitely in its forms and degrees. It should be particularly remembered that persons may be of weak mind, and eccentric, and even be the subjects of delusions on certain subjects, and yet both inoffensive and capable of directing pecuniary matters. The individual's natural character should be taken into con sideration as accounting for eccentricities of manner and temper, and his education in estimating his ignorance and apparent want of in tellect ; and lastly due allowance must he made for the irritation and excitement produced in a mind, perhaps naturally weak,9sy the inquiry itself, and the attempt to deprive him of his liberty and property. Confidence should not be placed in depositions or evidence founded on short and inattentive examinations.