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Medical Jurisprudence, Volume 1 (of 3)

Note 500 — OF IDIOTS AND LUNATICS.

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And when the lunatic’s estate is too small to bear the expense of a commission, a reference has been directed to the Master, and an order for the payment of dividends made on his report. This appeared to Lord Loughborough to be irregular; the precedent was only to be followed in cases of necessity. Eyre v. Wake, Ves. 179. In 1799 the expense of a commission was about £120. Lord Talbot admitted a defendant who had lost his memory by extreme age, to answer by guardian, the matter in demand being but small. 2 P. Wms. 110, and Lord Eldon restrained a supposed lunatic by injunction from doing certain acts, vide ante, Miss Kendrick’s case.

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