Inquisition.

951. Warrant to Produce the Person of the Alleged Insane Person.

[As in Form 949 to the *, continuing thus:] to produce the said C. B. before us, at the execution of the said commission, at

in

on

the instant, at o'clock in the noon, there to be examined touching the matters aforesaid; and you are to give him notice accordingly; as also to any other person or persons who are guardians of him, or trustees of his estate, that they may appear in his behalf if they shall think fit.

GIVEN under our hands and seals, this

day of 18 " [Signatures and seals of] Commissioners. To M. N., or such other person or persons as now have the said C. B. in their custody.

952. Subpœna to Testify Before Commissioners.

[As in Form 949 to the *, continuing thus:] to personally be and appear before us at the execution of the said commission, at

18 at o'clock in the

in said city, on

noon, upon oath to

the day of testify touching the lunacy [or other incapacity] of the said C. B., and of all such matters as shall be demanded of you by virtue of the said commission; and thereof fail not at your peril. GIVEN under our hands and seals, the [Address to witnesses.]

day of

18

[Signatures and seals of] Commissioners.

953. Inquisition of Lunacy, Idiocy or Habitual Drunkenness.

AN INQUISITION taken at

dated

in the city of

day of 18 before [here name the acting commissioners], commissioners appointed by virtue of a commission in the nature of a writ de lunatico inquirendo, issued out of, and under the seal of the Supreme Court of the State of directed to and commanding them the said commissioners, to inquire, among other things, of the lunacy [or other incapacity] of C. B., of • [Here insert names of jurors], good and lawful men of the said county, who being summoned, sworn and charged, upon their oath say that the said C. B., at the time of making this inquisition, is a lunatic, and of unsound mind, and does not enjoy lucid intervals [or, is an idiot], so that he is incapable of the government of himself, or of the management of his lands, tenements, goods and chattels; and that he has been in the same state of lunacy for the space of last past, and upwards

[and here state how he became such], [or, of idiocy from his birth].

[Here state any transfers of property, and any contracts, which it is found the insane person has made while under such incapacity; also what property he has, etc., his heirs, etc., according to the requirement of the commission.]

IN TESTIMONY WHEREOF, as well the said commissioners as the jurors aforesaid, have set their hands and seals to this inquisition, the day and year first above written.. [Names and seals of commissioners and of jurors.]

Committee of Lunatic.

954. Return of the Commission to be Indorsed Thereon.

To the Supreme Court:

The execution of this commission appears in the

annexed. [Date.]

schedules hereunto [Signatures of] Commissioners.

[Annex the proceedings, marked as schedules.]

955. Order Confirming the Inquisition and Appointing Committee.(c) {Title as in Form 946.]

At a special term [etc.]

ON READING and filing the inquisition in this matter, dated the

9

day of 18 and on motion of of counsel for the petitioner, and after hearing of counsel [or, and no one appearing] in opposition thereto; ORDERED, that the finding of the jury, upon the execution of the said commission as set forth in the said inquisition, be, and the same is hereby confirmed; and that [names of committee] be, and they are hereby appointed, the committee of the person and estate of the said C. B., upon their giving a bond with two sufficient sureties, to be approved by one of the justices of this court, in the penalty of dollars [double the value of the property as found by the inquisition] conditioned for the faithful performance of their trust, according to the statute, and to account whenever required, in conformity with the rules and practice of this court. And it is further ordered, that upon filing such bond, a commission may be issued to such committee, under the seal of this court.

956. Bond of Committee.

[Penal clause as in other cases, running to the People of the State. See Form 443.]

WHEREAS, by an order of the Supreme Court of the said State, made this day of 18 the above-bounden [names of committee] were appointed a committee of the person and estate of C. B., who, by an inquisition taken under a commission issued out of said court, had previously thereto been found to be a lunatic [or state other incapacity], upon their giving the bond required by the said order: Now, THEREFORE, the condition of this obligation is such, that if the above-bounden [names of committee] shall faithfully perform the trust reposed in them as such committee, according to the statute, and shall render an account whenever required, in conformity with the rules and practice of the said court, and shall observe the orders and directions of the said court in relation to such trust, then this obligation to be void; otherwise, to be and remain in full force and virtue. [Signatures and seals.]

In presence of [Signature of witness.]

[Add acknowledgment, and affidavit of sureties, as in Forms 792 and 793.]

(c) To be moved for on notice, as in other cases of motions in court.

Commission.

957. Approval of Bond by the Judge.

I approve of the within bond, as to its form and manner of execution.

[Date.]

[Signature.]

958. Commission to the Committee of An Insane Person.

The People of the State of New York, to all to whom these presents shall come, greeting:

WHEREAS, by an inquisition taken at

in the city of

on the day of 18, by virtue of our commission, in the nature of a writ de lunatico inquirendo, in that behalf duly made and issued, it was found, among other things, that the said C. B., at the time of taking the said inquisition, was a lunatic, not having lucid intervals [or state other incapacity], so that he was incapable of the government of himself, or of the management of his lands, tenements, goods and chattels, and of the conduct of his affairs, as by the said inquisition remaining of record in our Supreme Court may more fully appear; for the care and custody of whom, and for the management of whose estate, it belongs to us, in our Supreme Court, to provide. And whereas sufficient security is given to us on behalf of the said C. B. by [here name committee]: Now, THEREFORE, know ye, that we have given, granted and committed, and by these presents do give, grant and commit, unto the said [name committee] the care and custody of the person, and the possession, care and management of the estate, as well real as personal, of the said C. B. until otherwise ordered by the court. And the said [naming committee] are hereby required, within six months from the date of these presents, to return and file in the office of the clerk of the county of a just and true inventory, under oath, of the whole real and personal estate of the said C. B., stating the income and profits thereof, and the debts, credits and effects of the said C. B., so far as the same shall have come to the knowledge of the said committee, or either of them, and that out of the said estate, or the rents, issues and profits thereof, they provide for the maintenance, sustenance and support of the said C. B. and his family; and that annually thereafter the said committee file in the office of the. said clerk a similar inventory, and an account, under oath, of the management of the said trust, and of all other property or effects belonging to the said estate, which they shall have since discovered, as required by the statutes and the rules of this court. And the said committee are, and each of them is, further required to abide and obey all and every such order or orders in the premises as may hereafter be made in our said court, and to render a full and just account of the execution of the said trust, and of the estate, property and effects which shall have come to their hands, or the hands of either of them, when and as often as required by our said court. WITNESS [etc., as in Form 948].

31

Lunatics.

II. CUSTODY OF INDIGENT LUNATICS.

959. Information of Lunatic Before Justices of the Peace.

A. B., being duly sworn, says, that Y. Z., of said town, is so far disordered in his mind as to endanger his own person, or the person or property of others if permitted to go at large, and that said Y. Z. is now permitted to go at large by his friends, and that no committee of his person has been appointed [or, that said Y. Z. has no property or parents or children] to the knowledge or belief of this deponent.

960. Warrant to Confine a Lunatic.

To the constables and overseers of the poor of the town [or, city] of

in the county of :

Y. Z., a lunatic, having been found in said town, so far disordered in his mind as to endanger his own person, and the person or property of others, if permitted to go at large, and no provision having been made, either by the relatives or any committee, for confining or maintaining such lunatic, the undersigned, two of the justices of the peace of said town [or, city], on the application of the overseers of the poor of said town [or, upon our own view], being satisfied upon examination [or, upon information on oath to us given], that the said Y. Z. should be forthwith confined; you are, therefore, hereby commanded to cause the said lunatic to be safely locked up in such secure place as said overseers may provide, in conformity to law. GIVEN under our hands, at

this

day of

18

[Signatures of two] Justices.

961. Warrant to Bring Lunatic Before Magistrate.

To any constable of the town [or, city] of in the county of APPLICATION having been made to the undersigned, two of the justices of the peace of the said town [or, the county judge of said county], by A. B. [or, by the overseers of the poor of said town] alleging that Y. Z., an inhabitant of said town, is so far disordered in his mind as to endanger his own person, or the person or property of others, if suffered to go at large: You are, thereFORE, commanded, in the name of the People of the State to apprehend the said Y. Z. and bring him before us forthwith, in said that we [or, I] may examine in regard to the said

of

at

Y. Z., and make such further order in the premises as may be proper.

[Signature and title.]

COUNTY OF

Custody of Indigent Lunatics.

962. Order Sending Lunatio to the Asylum.

88.

WE, the undersigned, county superintendents of the poor of the county hereby order that Y. Z., a lunatic, who is chargeable to the [town

of

of

, in] said county, be sent to the lunatic asylum in the city of

the expense of which support at the asylum is to be paid by the treasurer of said county of

GIVEN under our hands, at

this ⚫day of

18

[Signatures of the] Superintendents of the Poor.

963. Petition to County Judge for Examination.

:

To the Hon. M. N., county judge of the county of THE PETITION of A. B., of the town of in said county, respectfully shows, that Y. Z., a resident of said town, is a lunatic, and is now in the care and custody of of said town [or, is wandering about in such manner as to endanger his own person, or the person and property of other persons], that he is in indigent circumstances, and has no property either in his own possession, or held by any person in trust for him, sufficient for the support of himself [and his family] in the condition of insanity aforesaid. WHEREFORE, your petitioner prays that an examination of the case may be had according to the statute. [Signature.]

[Date.]

COUNTY OF

88.

[Add verification, as in Form 836.]

964. Affidavit of Physicians.

M. N. and O. P., physicians of the town of being severally sworn, each for himself, says, that he has carefully examined into the mental state and condition of Y. Z., particularly in reference to his alleged lunacy or insanity, and that in his opinion, derived from such examination, the said Y. Z. is a confirmed lunatic, and that his going at large would endanger his own person and the person and property of others. SWORN [etc., as in Form 968].