The origin of the distinction in this respect between infancy and lunacy seems referable to the fact that the crown, in the event of idiocy or lunacy, has not a mere authority to protect, but an actual interest in the land of the idiot or lunatic, determinable on his recovery or death. If the owner is an idiot, the profits are applied as a branch of the revenue, subject merely to his requisite maintenance; if he is a lunatic, they are applied on trust for his support, and the surplus is to be accounted for to himself or his representatives. [291] In either case there is an interest vested in the crown, and requiring for its administration a special grant. The duty of such administration is committed by special warrant to an officer of the crown, who is usually, though not necessarily, the person holding the Great Seal. By virtue of this warrant, the custody of the estate and person is afterwards granted to committees, whose conduct is superintended by the Chancellor. The existence of a vested interest in the crown introduces also the additional distinction, that the mere lunacy does not originate the jurisdiction, but that it must be first inquired of by a jury, and found of record, in accordance with the rule of law wherever a right of entry is alleged in the crown. The regular course is to issue a commission under the Great Seal in the nature of a writ de lunatico inquirendo, to ascertain whether the party is of unsound mind. [292] The granting of such commission is discretionary with the Chancellor, who in exercising his discretion will look solely to the lunatic's benefit. The proceedings under the commission are regulated by statute. Their general outline is, that a jury is empanelled and sworn; the witnesses and the supposed lunatic, if he thinks fit to be present, are examined; and the inquisition is engrossed, and after signature by the commissioners and jury, is returned into chancery. If the lunatic subsequently recover, the commission may be superseded; but for this purpose the lunatic must in general be personally examined, and his sanity fully established. On a return of non compos being made, the custody of the estate and person is granted to committees, with a proper allowance for maintenance. [293] If no one is willing to become committee of the estate, a receiver may be appointed, with the usual allowance. The duty of the committee or receiver of the estate is to manage the lunatic's property with care, to bring in and pass his accounts, and to pay and invest the balances at such times as the superintending officer (called the master in lunacy) shall direct. [294] In cases requiring the exercise of discretion, it is not usual to act without previous investigation by the court, through a master in chancery. The principle on which the lunatic's estate is managed is that of looking to the lunatic's interest alone, and acting as an owner of competent understanding would do, without regard to his eventual successors. [296] The effect of such management may in some instances be to alter the property from real to personal, or vice versa; e. g., by cutting timber on the real estate, or by paying out of the personalty for repairs or improvements. And if such alteration be made, the property will devolve, on the lunatic's death, in accordance with its altered character, and not in accordance with that which it previously bore. It is otherwise in the case of an infant. But in the case of a lunatic, the rule must be understood with this guard, that nothing extraordinary is to be attempted; e. g., estates to be bought, or interests disposed of. [297] Alteration of property is to be avoided, so far as is consistent with the proprietor's interest. The same principle, of looking to the lunatic's advantage alone, is pursued in fixing the amount of the maintenance; and provision therefore may be made for modes of expenditure which are substantially for the lunatic's benefit, though they may not be such as he is legally bound to incur. If after due allowance for the lunatic's maintenance there is still a disposable surplus of his estate, such surplus may be applied in payment of his debts; and on a petition by a creditor, a reference will be made to inquire what debts there are, and how they should be discharged; but there is no instance of paying the debts without reserving a sufficient maintenance, although the creditors cannot be restrained from proceeding at law. On the death of the lunatic, the power of administration is at an end, except as to orders which have been already made, or which are consequential on reports or petitions already made or presented. [298] But the committee con tinues under the control of the court, and will be ordered on the application of the lunatic's heir to deliver up possession of the estate." 6. The custody and care of the persons and estate of lunatics are provided for in most and probably in all the states by statutes, the courts exercising this jurisdiction being the same ones exercising jurisdiction over infants. The unabridged text may, however, be profitably read by the students and in many instances will by analogy throw light on more modern methods of management. See, also, Ewell's Lead. Cases (1st Ed.). BOOK IV. OF THE FORMS OF PLEADING AND PROCEDURE BY WHICH THE JURISDICTION OF THE COURTS OF EQUITY IS EXERCISED.1 CHAPTER I. [299] OF THE BILL. The object of the common law courts in their original structure was to reduce the litigation to a single issue, and to obtain from the appropriate tribunal a decision on that issue; from the court on an issue of law, from a jury on an issue of fact. By statutory enactment, several distinct issues, both of law and fact, may now indeed be raised in the same action, but each issue must be kept separate, and cannot be prayed in aid of the others. In accordance with this principle, the pleadings are framed, first, for the production of single or separate issues; secondly, for keeping separate the law and the fact.2 In the Court of Chancery the system is different. [301] The object there aimed at is a complete decree on the general merits, and not that the litigation should be reduced to a single issue; and as all issues, whether of law or fact, are decided or adjusted for decision by the court, it is not essential to keep them strictly distinct. The rules, therefore, of pleading are less stringent than at law, but they are equally regulated by principle; and in order to secure adherence to such principle, every pleading, except the formal 1. Equity pleading and practice, as distinguished from common law pleading and practice, is still the regular procedure in quite a number of the states of the Union, among others in Illinois, Michigan, New Jersey, and Tennessee. It is also used in the United States courts. It is important, therefore, that this book should be understood by the student. Ref erence is made generally to Daniels' 2. See Pleadng. replication, must be sanctioned by the signature of counsel. The commencement of a suit in equity on behalf of a subject is by preferring a bill, in nature of a petition, to the Lord Chancellor or other holder of the Great Seal, or if the seal be in the king's hands, or the holder of it be a party, to the king himself in his Court of Chancery. This is termed an original bill, to distinguish it from other bills filed in the course of a suit to remedy defects and errors. If the party injured be an infant or a married woman3 suing separately from her husband (unless the husband be banished or has abjured the realm), it is preferred by a person styled the next friend, and named in the record as such. If he be a lunatic or idiot, it is by the committee of his estate, or sometimes by the Attorney-General on behalf of the crown as the general protector of lunatics.* If the suit be on behalf of the crown, of those who partake of its prerogative, or of those whose rights are under its particular protection, as, for example, the objects of a public charity, the complaint is preferred by the Attorney or Solicitor General, and the bill is not one of petition or complaint, but of information to the court of the wrong committed. [302] If the suit does not immediately concern the rights of the crown, its officers generally depend on the relation of some person, termed the relator, who is named on the record as such, and is answerable for the costs; and if such relator has a personal ground of complaint, it is incorporated with the information, and they form together an information and bill. An information differs from a bill in little more than name and form, and will therefore be considered under the general head of bills. An original bill or information consists of five principal parts: viz., 1. The statement; 2. The charges; 3. The interrogatories; 4. The prayer of relief; and 5. The prayer of process.5 3. Emancipated in many states. See local statutes. 4. Always consult the local statutes before bringing suit. 5. It was formerly stated that nine distinct parts were requisite in every original bill, viz.: 1. The address; 2. The introduction; 3. The premises or stating part; 4. The confederating part; 5. The charging part; 6. The |