1 Ves. Jr. 296, “is to have every comfort that his to it if from Jamaica to England, for the benefit of his health, he had been capable." To which I may-add the ob- | Although these cases have some bearing upon the servation of Chancellor Kent, in Eunice Saulsberry's question before me, they are not precisely analogous, Case, 3 Johns. Ch. 347, that the governing principle but there is an unreported case exactly in point, of in the management of the estate is the lunatic's inter which I have been advised by the professional gentleest, not that of those who may have eventual rights man by whom it was instituted. In the year 1840, John of succession." See, also, In the matter of Livingston, Gravillon, a well-known wealthy French merchant in 1 Johns. Ch. 436; In the matter of Taylor, 9 Paige, this city, and an alien, became insane and was placed 611 ; In the matter of Willoughby, 11 id. 259; In the mat in the asylum at Bloomingdale. A commission of ter of Heeny, 2 Barb. Ch. 326; 'In the matter of Shep, lunacy having been granted, and a committee of his Abm. part 3, p. 71. person and estate appointed, the committee, upon & I have referred to the authority of these eminent certificate of the resident physician of the asylum, that judges in the exposition of the nature of this jurisdic an improvement of Mr. Gravillon's general health tion, and of the principles which govern in the exer might be expected from a sea voyage, applied to Vicecise of it, because it indicates the extent of the power Chancellor McCoun for authority to send him to with which the court is clothed, and because what I France in charge of a physician and two nurses, and am asked to do involves a very heavy expenditure and to place him in a maison de sante in Paris. The applicharge upon the lunatic's estate, which I should not cation was granted. He was taken to France and impose unless it be clear that I have the power to do placed in an institution in Paris, where he died two so, and that it is necessary for his benefit. years afterward, and the expense incurred was paid Acting upon the general principle that the court is out of his estate. empowered to do whatever is best for the lunatic him My conclusion, after this review of the law, is, that self, without any regard to the effect it may have upon I have the power; and, in respect to the expediency the ultimate interests of others, it becomes very plain and necessity of its exercise, I regard the opinions of to my mind that if the removal of him to a place be the physicians as conclusive. yond the limits of the jurisdiction of the court is, as a The committee of the estate will be directed to pay sanitary measure, essential to him and for his benefit, out such sums as may be subsequently directed by it is competent for the court to direct it to be done, order, to defray the expenses of the journey from here and, so far as it has the means, to see that it is carried to Bombay, and, upon return of the committee of the out. It is true that the custody of a lunatic is always person who will take Colah to Bombay, the court wil given by the court to a committee, and that, when this adjust and fix upon a proper sum to be paid to him out committee goes with his charge beyond the jurisdiction of the estate, for the discharge of this trust, which of this court, it has no longer any power or control will not be regulated by the commissions given by over either; but this does not constitute a sufficient the Revised Statutes to executors, administrators or reason for keeping the lunatic within the court's terri guardians (2 R. S., 93, § 58), as is the rule in committorial limits when, in the opinion of those who are tees of the estate. In the matter of Livingston, 2 Denio, most competent to judge, the effect of so doing is | 575; 9 Paige, 440, that measure not being applicable prejudicial to his health, and tends to lessen the where there is a separate committee of the person, but chances of his recovery. The court is to do what is for will be regarded as an actual and necessary expense, his benefit, and, when it has taken every precaution, which would have to be paid out of the estate, to some in seeing that he is intrusted to the care of a person one, and is incurred, in this instance, to the gentleman who, in the judgment of the court, will faithfully exe who is the committee of the person, for the reason that cute the trust committed to him by taking the lunatic he can communicate with the lunatic in the only tongue to the designated place, and who will fulfill every in in which he can or will speak, and is, from that and struction given. For the faithful discharge of that many other reasons, a most appropriate one to whom delicate duty the court does what it ought to do under to confide the execution of this most delicate and very the circumstances, and in so doing but carries out the responsible trust, which it would be unreasonable to philanthropic purpose which lies at the very founda expect him to discharge for the benefit of this friendtion of the jurisdiction which it consents to give up. less stranger, unless he is remunerated for his time and I do not find in the reports any adjudged case cover trouble. It will involve, in the meanwhile, the abaning the precise point here presented. In re Hackett, 3 donment of his business here, and is to be regarded Irish Ch. 375, the lunatic was transferred from Ire like the cases of Annesly, Amb. 78; of Evington, land to England. It was beyond the jurisdiction of Jacobs, 406; 2 Russ. 567; and of Ord, id. 94, as an the chancellor having custody of his person, but the exceptional one to the general rule, that no compenjurisdiction of each chancellor was a part of the pre sation will be allowed to the committee of a lunatic rogative of the same sovereign. In the matter of Hous for his personal services. Anonymous, 10 Ves. 103; ton, 1 Rus. 311, the lunatic was brought by his committee Shelford on Lunacy, 163. GENERAL INDEX. 2:23 198 PAGE. 361 295 68 313 309 20 227 71 131 218 142, 159, 171, 191, 219, 235, 253, 267, 302 311 232 .128, 142, 174, 191 5, 21, 40 351 314 324 43 116 310 314 119 85 313 147 52 68 309 newspaper contempt of court in ; judicial dignity 42 66 206 185 291 100 17 214 101 9 20 221 274 21 161 306 223 202 20 152 . 100, 276, 324 35 36 213 35 35 196 67 Book Notices - Continued. PAGE. 132 67 324 132, 104 35 291 68 179 164 84 132, 211 84 303 324 179 36 36 10 in the jurisprudence of the United States, by W. 211 116 212 132, 180 307 277 156 281 363 244 163 65 202 202 202 231 212 212 221 38 362 310 307 135 169 65 336 341 224 359 155 327 38 234871 344, ence... PAGE. 192 99 84 221 .180, 278 52 107 328 326 315 362 339 319 57 291 163 337, 352 259 130 338 266 349 211 287 311 295 123 Abortionists, charge of Judge Bedford in relation to, 123 218 351 43 314 313 42 9 202 156 202 336 records of real estate in, till in existence 202 107 362 modification of law in regard to compensation of, 336 156 74 57 266 .74, 283 123 10 27 797 manufacture; important decision by Judge Troy, 106 58 156 224 124 201 of; criticism on Judge Pratt for granting 27, 89 205 135 58 57 337 248 Current topics - Continued. PAGE. 43 186 248 314 186 265 266 106 123 249 283 156 351 248 Lord Coke on... 218 297 27 314 234 268 for 218 262 suit threatened by Assistant Attorney-General 169 9 201 313 122 351 43 123 107 336 351 363 156 135 156 282 27 363 43 156 338 90 187 282 282 135 351 297 202 265 248 265 218 350 156 170 York police and the International Society .... 350 297 21 Current topics — Continued. PAGE. 337 124 156 218 313 234 265 27 89 186 186 161 27, 32 344 100 114 147 115 2, 22 178 164 195 52, 100 20 297 239 37 269 278 66 106 290 77, 176, 203, 284 355 242 156 234 52 84 124 1 244 261 3:28 201 170 255, 272, 304, 320 87, 103, 119 27, S9 265 353 1 135 212 58 57 244, 264, 276, 292, 324 court.”) 11, 28, 364 44, 58, 299, 367 74, 90 315 134, 136. 188, 250 100 241 248 52 9 56 307 43 PAGE. 212 248 186 180 31, 76 307 20 169, 170 194 164 247 314 186 280 56 84 351 265 291 312 276 275 259 324 355 122 89 279 283 248 360 27 84 52 312 197 244 281 291 245, 325 156 181 38 20 202 235 20 118 7 264 311 87, 103, 119 357 169 212 68 208, 288 66 42 218 27 297 292, 308 30 68 20 308 164 100 292 250 Legal obituary - Continued. PAGE. 260 308 26 52 201 234 2:29 314 218 362 194 212 169 53 307 9 356 201 370 313 290 149 122 163 351 123 13 68 232 decision in court of appeals of Janes v. Jenkins 269 180 196 supreme judicial court, digest of decisions in, 61, 219, 237 resignation of Judge Reed, of superior court of... 68 297 107 101 212 supreme court of, abstract of decisions in. 187 133 7 312 230 336 351 263 351 20 ....69, 148 70 36 81 court of appeals, abstract of decisions in (see Court of Appeals). 279 36 363 .46, 159, 235 145 134 156 Railroad mortgage and other corporate bonds; to authorize holders to make payable to order only.. 36 71 117 85 314, 352, 363 PAGE. 135 351 296 156 ..293, 343, 357 277 247 .69, 148 239 68 223 116 131 71 282 310 of attorney-general concerning.. 363 43 214 156 307 360 312 50 355 56 336 357 90 187 359 246 3:29 152 282 359 221 74 319 133 133 261 233 186 274 264 305 29 regard to.. 358 340 202 265 153, 166 248 213 180 117 58 324 218 79, 96 233 41 156 bankrupt 170 244 100 210 118 53 350 169, 170 100 267 322, 339 265 185 |