Page:The Green Bag (1889–1914), Volume 10.pdf/585

the Master in Lunacy had taken place. The relatives were domiciled German subjects. court held that the property of the lunatic The order of transfer was made. (2) Sup was " vested " in the master within the mean pose a case arising under the English Lun ing of Sec. 134 and that it had given direc acy Act where there were both a judicial tion to order the transfer of the stock to him. declaration of lunacy, and a "vesting" as Two points were left open by this decision. defined in In re Brown, has the English court ( 1) Suppose a case not arising under Eng a discretion as to whether any, and how lish lunacy legislation, could the transfer have much, of the fund ought to be transferred? been directed — this question has now been This question has now been answered in the answered in the affirmative by the justice in affirmative in In re Knight in [1898] 1 ch. /;/ re De Linden [1897] 1 ch. 453, a 257, where Lindley M. R. pointed out that singular case, the circumstances of which are if there were no discretion, the court would worth stating. An application was made by lose the control which it undoubtedly had a lady, who had been found a lunatic, to the before, and has under the Lunacy Act, 1890, Royal Bavarian court, and had been made a over the property in England of lunatics ward of that court on that ground, by her resident out of the jurisdiction. The follow next friend (one of its judges) that a fund ing older cases may be consulted. In re standing to her credit in the chancery divi Stark, 2 Mac. and G. 174; In re Elias, 3 sion and representing the share to which she Mac. and G. 234; In re Gamier, L. R. 13 was entitled under her parents' marriage Eq. 532; In re Mitchell, 17 Ch. D. 515. settlement might be paid out to the deposit Scott v. Bentley, 1 Kay and J. 281. As a commission of the Bavarian court. This condition of obtaining a transfer the curator commission which consisted of the above- or master must satisfy the court that the property is required for the maintenance or mentioned judge and another official, was at tached to the court for the purpose of tak other purposes of the lunatic, and it may also ing charge of the funds of its ward, etc., and be noted, as a point of practice, that the of giving receipts for the same. The lunatic grounds on which the transfer is required was the daughter of a German father and an should be stated in the curator's affidavit. English mother; she and her nearest living (/« re Knight, ubi sup.)