LUNACY (from Lat. lona, moon) (in Law). When an insane person becomes so incompetent mentally as to he unable to care properly for his own person or property, or as to be danger ous to the persons or property of others, it be comes the right and duty of the State to assume control over his person or property, or both. and when that is done his condition is technically known as lunacy. In England the King, as !Adria', was regarded us the natural guar dian and protector of all legally incompetent persons within the realm. The execution of this duty was early delegated to the Chancel lor, and the Court of Chancery thus became the tribunal to which belonged jurisdiction over such unfortunates and their property. As this jurisdiction of the Chancellor was not ex ercised by him primarily in his judicial ca pacity, it has been questioned whether courts of equity in the United States have this portion of the Chancellor's jurisdiction. The question is now unimportant, as all of the United States now have elaborate systems for the eontrol and care of lunatics and their property, created and regulated entirely by statute.
So long as a person is not judicially declared incompetent he is entitled to his liberty and to manage his own affairs. At common law a pri vate person might temporarily restrain such an insane person to prevent an immediately threat ened injury to the insane person or others, but for any other or further restraint he was liable in damages for assault or false imprisonment : and an early English statute made it a misdemeanor for one to receive two or more insane persons into his house for care or treatment unless the house was registered under the act as an asylum for the insane. When a legal investigation was to be made for the purpose of having one judicially declared a lunatic it was the Chancery practice (which has been perpetuated with slight modifi cations by statute) to issue an order or decree, upon the petition of a relative of the lunatic or of a proper public officer, appointing a compas sion de tunatieo inquirendo—to inquire as to the lunacy of the person named in the order. The commission is usually, although not always, com posed of a layman, or in some States of a law yer, a physician, and a layman; and it is its duty to listen to evidence upon the question of insanity, and to determine, in some States with the aid of a jury, the question of legal compe tency. Generally notice is required to be given to the lunatic, and sometimes to his relatives or the person with whom he resides; and unless dangerous he must be given opportunity to ap pear before the commission and be heard in his own defense, failing which his constitutional right not to be deprived of liberty without due process of law would be violated. Upon the re port of the commission that the person named in the order appointing the commission is a lunatic, the Chancellor. or the court having corresponding jurisdiction, adjudges him to be a lunatic, and appoints a committee, or in some States a guard ian, to take charge of the lunatic's person and property, or it may in its discretion appoint separate committees as guardians of the person and property respectively. The lunatic then
ceases to have most of the attributes of a legal person. lie has no power to contract or in any way dispose of his property by deed or will. lie is liable upon theory of quasi-contract for his necessaries. He is still liable for torts, and may and be sued, although generally all litigation must he carried on in the name of his committee. The committee or guardian of the property has very limited power over the property, being merely the bailiff or receiver of the court acting under its direction. The income of the lunatic's property may be used for his maintenance, hut in general the committee may sell it only upon order of the court, and then only for the lunatic's maintenance or for the purpose of reinvestment. The committee of the person of the lunatic has general charge of and control over the person of the lunatic, and may cause hint to be con fined in such asylum as is authorized by law to receive and care for lunatics. It is now the uni versal practice to regulate by statute the care of the incompetent insane, and to permit their confinement only in places designated by law and subjected to the frequent inspection of State lunacy commissioners or corresponding officials. If one is improperly restrained of his liberty on the ground of insanity, he may resort to the xvrit of habeas corpus; and in some States he has a statutory right. to a writ de lunatic•° inquirrndo.
The functions of the committees or guardians both of the person and the property cease upon the death of the lunatic, or upon the return of his sanity when judicially determined. They may also be discharged from their duties by order of the court for cause, or whenever they ask upon reasonable grounds to be relieved of their duties: and it then becomes the duty of the court to ap piont a new committee or guardian. Sec IN SANITY.
ConSillt : Rodger, Domestic legations (Chicago, 1S99); Browne. Domestic Relations (2d ed.. Bos ton. Is.90) Archibald, Lunacy Procedure (4th ed., London, 1895) : Elmer. Practice in Lunacy 17th ed., London, 1892) APAdam. Insanity and Lunacy (New York. 1895) ; l'ope. Law of Lunacy ( London. 1890 ) Ileuton, Law and Practice of Lunar!' (London, 18913). For law of insanity and lunacy with reference to contracts, consult the authorities referred to under CONTRACTS. For the law of insanity with reference to wills, consult the authorities referred to under Wm. For the law of insanity and lunacy with refer ence to crime, see, particularly. 'Bishop. New Criminal Law (Chicago. 1892) : Wharton. ("rim inal Law (9th ed., Philadelphia. 1885). and the authorities referred to under the title CRIMINAL LAW. See also the authorities referred to under the title MEDICAL JURISPRUDENCE.