A treatise on the law of idiocy and lunacy / by A. Highmore.

  • Highmore, A. (Anthony), Jr., 1758-1829.
Date:
1822
Catalogue details

Licence: Public Domain Mark

Credit: A treatise on the law of idiocy and lunacy / by A. Highmore. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    A person born deaf and dumb, is prima facie within the definition of ideot, but daily experience proves him other- wise.^) Lunacy is a partial derangement of the intellectual fac- ulties, the senses returning at uncertain intervals.(p) Madness is a total alienation of mind.(q') These defects must be unequivocal and plain, not an idle frantic humour, or unrecoverable mode of action, but an absolute disposition of the free and natural agency of the human mind.(r) A memory which the law holds to be sound, is, when a testator has understanding to dispose of, or a mind to manage his estate with judgment and discretion; which is to be collected from his words, actions, and behaviour at the time, and not from his giving a plain answer to a common question.(s) Thus a will obtained in extremis, or upon any importu- nity, or guiding the hand, may be set aside. 8 Vin. Abr. 167.pl. 7.—1 Fon. Eq. 71. Although courts of equity, in judging upon the point of insanity, are governed by the rules of law, yet if a man by age, or disease, is reduced to a state of mental debility, which, though short of lunacy, renders him unequal to the management of his affairs, the courts will, in respect of his infirmities, if the demand in question be but small, appoint a guardian to answer for him, or to do such acts as his in- terest, or the rights of others, may require.(i) Lord chancellor Thurlow said, he was not against the practice of finding a man lunatic who was by the infirmi- ties of age, rendered unequal to the management of his af- fairs ;(u) but the more usual course is to appoint him a (o) 1 Hale 34. (s) 6 Co. 23. 1 Ch. Rep. 13. I (/>) I Hale 31. 4 Bl. Co. 24. Fon. Eq. 70. (q) 1 Hale 30. 4 Co. 124. (*) 3 P. W. 111. (r) 8 St. Tr. 322. 1 Hale C. 4. O. (w) Pre. Cha. 229. Gilb. 4. 4 Bro. B. 1784. 257. 100. 1 Fon. Eq. 64.