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it relates to the administration of maritime law in one of the colonial courts, is nevertheless printed and published in London, and will prove of use to the English lawyer practising in our Admiralty courts.
Since the court was established (which it was after the treaty of Paris, 1763), the increase of commerce on the water of the St. Lawrence has been enormous. The yearly tonnage, it is said, has increased from 5000 to 600,000 tons; thus explaining how the importance of the court above referred to has been augumented.
A Hand-book of the Practice of Election Committees, with an
Appendix of Statutes, Forms, and Precedents. By P. Burrowes Sharkey, Solicitor and Parliamentary Agent. London: Butterworths, 1859. The compiler of this little volume has brought together the matter which relates to the practice of Election Committees, in a form sufficiently compendious for those whose duty obliges them to learn the general outline of the ordinary procedure of these tribunals. There are many solicitors who will find the information now collected in this small five-shillings book just enough for their purpose. A Letter to the Earl of Shaftesbury, on the Laws which regulate
Private Lunatic Asylums, with a Comparative View of the Process “ De Lunatico Inquirendo” in England, and the Law of “ Interdiction” in France. By Edward J. Seymour, M.D., &c., late Senior Physician to St. George's Hospital, London : Longman & Co., 1859.
The subject which Dr. Seymour here writes about is of great importance. However, he has treated it in a very rambling and unintelligible fashion. The construction of the learned physician's sentences is so ungrammatical and illogical, that we can hardly understand how the pages before us were ever allowed to be printed and circulated. They read like the production of an illiterate person, and cannot possibly carry any weight. The preface, and the concluding sentence of the “ Letter,” are ludicrous examples of the writer's inability to express very simple ideas. He runs bis topics into each other, and shuffles about after Mrs. Nickleby's style, in utter helplessness. This is much to be regretted if Dr. Seymour has any valuable suggestions of a practical kind to make, and if he be (as is probably the case) entitled to be heard on the matter he attempts to discuss.
Dr. Seymour draws attention to the French system, in relation to inquiries with respect to lunacy, and compares it with the English.
The following is the author's statement of the nch system.
1 The practice under the English law will be found well expounded in Mr. C. P. Phillips' recent work on the subject.
We place in a parallel column the English system, that our readers may compare their respective merits :French Code.
English Law. “1. Any one who, having ob
"1. If the well-being and haptained his majority, is in an ha piness of a person possessed of bitual state of imbecility or de- property demands that he should mentia or furious madness, ought be the subject of an inquisition, to be interdicted, even when luçid the L. C. will direct it; otherwise intervals occur.
not. See 1 V. & B., 59; 1 M. &
; Gor., 132. (Phillips, pp. 247, 248.) As to dangerous lunatics (Id. 64, 65), and see Campbell, C. J., in Fletcher v. Fletcher, as to lunatics wandering abroad, 7 W. R., 187. See also Phillips, pp. 171,
172. “ 2. Any relation is admissible “ 2. Any person may apply, at to promote the interdiction of a the risk of costs and damages, if relation, and the same of husband there is no foundation whatever against wife, or wife against hus- for the proceeding. (Phillips, band.
p. 241.) “3. In case of furious madness, "3. An inquiry may be instiif the interdiction be not demanded tuted on report of Commissioners either by the husband or the wite, in Lunacy, in the case of any or the relations, the Procureur Im- lunatic, furious or not, and with périal, in case of imbecility or without faniily or friends, dementia, may also set it on foot (Phillips, p. 246.) agaiust any one who has neither husband, nor wife, nor known relatives. “4. Every application for inter
* 4. diction shall be carried before the Tribunal (de Première Instance). " 5. The facts of imbecility, mad
“5. Same in England. ness, or furious madness, shall be detailed in writing. “ 6. Those who carry on the in
“6. Same in England. terdiction shall produce the proofs and witnesses.
66 7. The Tribunal will then order “7. Impartial medical evidence that the 'Family Council, con- required with us. (Phillips, p.
' stituted in the manner ordered in 244.) No. 4 of Chapter the Second, shall give its opinion on the state of the person whose interdiction is demanded.
“8. Those who have demanded “8. With respect to disqualifithe interdiction cannot make part cations.— Vide Phillips, pp. 278– of the 'Family Council ;' how- 281.
ever, the husband, or wife, or the
resist the opinion of the Family Council,' inquiry at every stage by counsel, the court will examine the defen- and he is viewed by the master, a dant in the Council Chamber, and, jury, and sometimes by the L. C. if he is unable to be present, he shall be interrogated at his own house by one of the judges appointed, assisted by the Registrar. In every case the Procureur Inpérial shall be present when he is interrogated. “10. After the first interroga
“ 10. Interim committee, but tory, the Tribunal will appoint, if not until the lunatic has been it be necessary, an administrator adjudged to be such, provisionally, to take charge of the person and property of the defendant.
“11. Judgment on a demand “11. Same in this country. for interdiction can only be given in public, the parties heard or sent for. (?)
“12. In rejecting a demand for “ 12. The inquiry is, whether interdiction, the Tribunal may a man is of sound mind, and nevertheless, if circumstances re- incapable of managing his affuirs ? quire it, order that the defendant If he is capable, he is pot fettered shall not hereafter plead, compro- in any way. mise, borrow, receive personal property, purchase or give receipts, alienate or mortgage his property without the assistance of a council, who shall be appointed at the same time.
“ 13. In case of appeal against “13. The lunatic, if capable of the judgment of the Tribunal volition, may insist on a new trial, (première instance), the Court of i.e., a traverse. Appeal shall, if it thinks it proper, interrogate again the defendant, or cause him to be interrogated by a person commissioned by them.
“14. Every order or judgment, “ 14. The committees, next of carrying either interdiction or no- kin, and the heir, have notice of mination of a council, shall be, every proceeding-(why publish by the care of the plaintiffs, signi- them to the loungers in the “hall fied to the parties, and inscribed of audience” and notaries )—and within ten days on the tablets, any person may apply for leave to which must be hung up in the attend them at their own cost; hall of audience, and in the studies they will have notice when perof the notaries of the arrondisse- mitted to attend. ment.
“ 15. The interdiction or nomi- “15. Same here when necesnation of a council shall take effect sary — sometimes interim comthe day the judgment is delivered. mittees are appointed. All acts committed and concluded after the interdict or appointment of a council shall be null and void.
“16. The acts committed pre- “ 16. Acts of lunatic may be viously to the interdiction may be impeached within any reasonable annulled, if the cause for interdic- time. tion notoriously existed previous to the period when these acts were affected.
“ 17. After the decease of an “ 17. After his decease, and individual, the acts done by him within any reasonable time, his cannot be attacked or abrogated acts may be impeached, though on account of madness, except in- not primâ facie lunatic acts, and asmuch as the interdiction has though no inquiry as to his state been pronounced or set on foot of mind in his lifetime has been before his decease, unless the instituted. proof of madness itself results from the act sought to be invalidated.
“ 18. If there is no appeal from “ 18. When committees apthe judgment of the Tribunal (of pointed, interim committees repremière instance), or if it be con- sign, &c. firmed on appeal, the court shall proceed to the nomination of a guardian, or a surrogate guardian, of the interdicted, according to the rules in the law De la Minorité, &c.; the provisional administrator shall then cease his functions, and render all account to the guardian, unless he be himself appointed guardian.
“ He himself shall be examined at his own residence, by one of the judges deputed for the purpose, assisted by the registrar.
“ 19. The husband is of right “19. Not of right, only if he the guardian of his wife when in- is the most fit person. (Phillips, terdicted.
“ 20. The wife may be named “ 20. As above-security taken guardian of her husband, in which from committees for good concase the “Family Council' will duct, act. under advice of Master regulate the forms and conditions in Lunacy, and are removeable for of the administration of the guar- misconduct. dianship, having recourse to the
tribunals on the part of the wife, should she think herself injured by the resolution of the 'Family Council.'
“ 21. No one, with the excep- “ 21. No such absurd rule tion of the husband or wife, or the most fit person being chosen, the relations in the ascending or is removed when he has no inclidescending line, shall be obliged nation to remain, or becomes unto keep the guardianship of an fit. (Phillips, pp. 278, 353.) interdicted person beyond ten years. At the expiration of such a time, the guardian may ask, and ought to obtain, a substitute. á 22. The interdicted person is
“22. So in England. similar to a minor. The laws which regulate the guardianship of minors equally apply to the interdicted.
“ 23. The revenues of an inter- “23. So in England—the aldicted person ought essentially to lowance for the maintenance of be employed to soften his afflicted the lunatic, and the management condition, and to hasten the cure. of his estate is based on the same The Family Council' may re- doctrine; the committees of the solve (according to the character person and estate, are in lieu of of the malady and the state of the the 'Family Council. They are fortune) that he shall be treated generally the nearest relations or at home, or placed in a private hos- connections of the lunatic, and are pital, maison de santé, or even in under strict supervision by the a public hospital.
court. (Phillips, p. 303.) “ 24. When the question shall “ 24. The L. C., acting as arise for the marriage of the child good paterfamilias, may so deal of an interdicted person, the dowry with a lunatic's property, if he be or portion of the inheritance to be found so by inquisition. (Phillips, advanced, and the matrimonial pp. 332, 333, 334.) agreement shall be regulated by the • Family Council,' allowed by the Court on the conclusions of the Procureur Impérial. 66 25. The interdiction
35. So in England--there must with the causes which determined be a supersedeas. (Phillips, pp. it, nevertheless the main levée) 359, 360.) replevy' cannot be pronounced without those forms be gone through which were necessary in pursuing the interdiction. The interdicted person cannot resume his rights until the replevy shall be pronounced.
1“ So translated in all works of authority.” (An absurd translation, whether common or no.) VOL. VII. NO, XIV.