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And it has now been long settled, not that a commission of lunacy is to be issued; but that a commission is to issue in the nature of a writ de lunatico inquirendo, and then the object of the commission is perfectly satisfied, if the jury shall find upon satisfactory evidence, that the party is of unsound mind, and incapable of managing his own affairs.
In the fourth, examples are to be given of its operation and of the results to which it leads. The fifth is to contain what Bacon had accomplished in natural philosophy without the aid of his own method, ex eodem intellectûs usu quem alii in inquirendo et inveniendo adhibere consueverunt.
The year after I came into undisputed possession of my estates, the next heir got a writ issued against me of "de inquirendo lunatico," on the ground of the strange and unworthy manner that I, as a baronet with an immense estate, had lived for those last eighteen years.
"I agree with you that the usual course by praying the Court of Chancery for a Commission de Lunatico Inquirendo, is timorous, and rests on prejudice. Plt., if successful, is saddled with his own costs, and sometimes with Deft.'s, and obtains no compensation.
IV. Yet even this may not be the worst. Even below this deep perhaps there opens a lower deep. I submit that, when a man is asked for a specimen of the Agincourt French literature, he cannot safely produce a specimen from a literature two hundred and fifty years younger without some risk of facing a writ de lunatico inquirendo.
Parkes, with grave interest. "No, sir," he answered sharply, and almost fiercely; "I have no fancy to make myself the subject of a writ de lunatico inquirendo; I don't want to lose my liberty and my property at a blow. The course I mean to take has been advised by no one but myself is known to no other.
The elderly gentleman, who figured in this delirious pas seul who was he? He was Tiberius Caesar, king of kings, and lord of the terraqueous globe. Would a British jury demand better evidence than this of a disturbed intellect in any formal process de lunatico inquirendo? For Caligula, again, the evidence of symptoms is still plainer.
Zangwill made an attempt to swear out a "writ de lunatico inquirendo" against his Jewish brother, on the ground that the first symptom of insanity is often the delusion that others are insane; and this being so, Doctor Nordau was not a safe subject to be at large. But the Assize of Public Opinion denied the petition, and the dear people bought the book at from three to five dollars a copy.
The Board to T. Hardie, warning him that he must in future pay Alfred's maintenance in Asylum out of his own pocket, and pressing him either to discharge the young man, or else to apply to the Lord Chancellor for a Commission de Lunatico Inquirendo, and enclosing copy of a letter from Wycherley saying the patient was harmless.
Could it be proved that the editor of L'Etoile really entertained a doubt, under the circumstances, there would be no need, in his case, of a commission de lunatico inquirendo. He has thought it sagacious to echo the small talk of the lawyers, who, for the most part, content themselves with echoing the rectangular precepts of the courts.
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