Page:Prerogatives of the Crown.djvu/180

160 Parens Patrice, — Lunatics. [Ch. IX. Sec. I. by the authority of the Court of Chancery (a), the Lord Chan- cellor, to whom this prerogative is generally entrusted, by special authority from the Crown {h on petition or informa- tion, grants a commission in nature of the writ de idiota inquirendo, to inquire into the party's state of mind. If he be found non-compos, his Lordship appoints {c) some friend or relation, not being the next heir of the non-compos, to take care of him {d). An allowance suitable to the circumstances of the unfortunate individual will be granted; and if neces- sary, the Court will even allow the whole of the yearly value of his property {e). The greatest care is to be taken of the property ; and generally speaking, the Court will order any measure conducive to its improvement (y). But the person to w^hom the care of the lunatic is confided, cannot in general, of his own authority, do any act affecting his property ; as he possesses a mere authority without an interest, and is nothing more than a mere bailee (g) ; nor should any thing be gained by him from the appointment {h). It is the prerogative of the Crown to avoid, by scire facias or information, the engagements and acts of idiots and luna- tics, during their incapacities (f ). However, the King's right to the mesne profits has relation only to the time when the party was found to be of nonsane mind (k). Any abuse of idiots or lunatics, as, for instance, by taking them out of the custody of the persons appointed to take care of them, or marrying them, is considered a contempt of the Court of Chancery [l). In general, the Chancellor's guardianship is determined by the death of the idiot or lunatic {m though his Lordship may, it is held, make an order in their affairs after their deaths (w). (n) 1 P. W. 7'21. 2 Ibid. 638. Bac. Ab. title Idiots, C. {b) See ante 158. 3 P. W. 108. (A) 2 Ch. Cas. 239. Ambl. 78. (c) See 1 Fonbl. 56, 7. note, 3rd ed. (/) 4 Co. 124. F. N. B. 232. 1 (rf) 1 Bla. Cora. 505. Co. Lit. 83, Fonbl. Tr. Eq. 3rd ed. 55 note, b. n. 6. 1 Fonbl. 57, n. {k) 8 Co. Rep. 170, a. {e) 3 P. W. 110. 5 Ibid. 262. 6 {I) Prec. Ch. 203. Eq. Cas.- Ab. 278. Ves. 8. ante, 156. (f) Ambl. 706. 1 Fonbl. 59, 60. (m) 4 Go. 127, a. {g) Vem. 262. 1 Fonbl. 5e, 58 and («) Ambl. 706. Bro. Ch. R. 138. 59, notes, 3rd ed. 2 Wils. 150, 2. SECT.