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Full text of "Medical Jurisprudence And Toxicology"

388                                               MEDICAL JURISPRUDENCE

Chapter IV is applicable to those liable to the jurisdiction of the High Courts
of the Presidency-towns of Calcutta, Madras and Bombay, and lays down
that on the application of any relative of an alleged lunatic, or of the
Advocate-General, the Court may direct an inquisition whether the person
alleged to be lunatic is of unsound mind and incapable of managing himself
and his affairs : the Court may also order inquiries concerning the nature
of the property belonging to the alleged lunatic, the persons who are
his relatives, the time during which he has been of unsound mind, or such
others matters as seem proper. The Court may require the alleged lunatic
to attend at some convenient time and place for the purpose of examination,
and may authorize any person or persons to have access to the alleged
lunatic for the purpose of a personal examination and a report on his mental
capacity and condition. But if the alleged lunatic is a female, who cannot
appear in public, such order will be regulated by the law and practice for
the examination of such persons in other civil cases.

When a medical practitioner is called upon to give his opinion, after the
examination of the alleged lunatic in such cases, he should not simply
mention that the individual is insane, but he should certify that insanity is
of such a degree as to render him incapable of managing his own property.
He must be very careful in giving his opinion, as an individual may be
insane, and yet may be capable of looking after his own property. In a case
of doubt it is always safer to give an opinion in favour of sanity rather than
insanity.

If the alleged lunatic is not within the local limits of the jurisdiction of
the High Court, and the inquisition cannot conveniently be made, the High
Court may direct the inquisition to be made before the District Court within
whose local jurisdiction the alleged lunatic may be.

When upon the inquisition it is found that the alleged lunatic is of
unsound mind so as to be incapable of managing his affairs, but that he is
capable of managing himself and is not dangerous to himself or to others,
the Court issues an order for the appointment of a manager to look after his
property, and by such order of appointment, or by any subsequent order,
grant such powers to the manager for the management of the estate as may
seem necessary and proper to the High Court, provided that he will not,
without the previous permission of the Court, mortgage, charge or transfer
by sale, gift, exchange or otherwise, any immovable property of the lunatic,
or lease any such property for a term exceeding five years. The Court may,
if it appears to be just or for the lunatic's benefit, order that any property,
movable or immovable, of the lunatic, and whether in possession, reversion,
remainder, or contingency, be sold, charged, mortgaged, dealt with or other-
wise disposed of as may seem most expedient for the purpose of raising
money to be used for all or any of the following purposes : 

(1)   the payment of the lunatic's debt or engagements;

(2)   the discharge of any incumbrance on his property;

(3)  the payment of any debt or expenditure incurred for the lunatic's
maintenance or otherwise for his benefit;

(4)   the payment of or provision for the expenses of his future main-
tenance and the maintenance of such members of his family as are
dependent on him for maintenance, including the expenses of his
removal to Europe if necessary, and all expenses incidental thereto ;

(5)  the payment of the costs for any judicial inquisition, and of any
costs incurred by order or under the authority of the Court.

The manager of the lunatic's estate shall, in the name and on behalf of
the lunatic, have the power to execute all such conveyances and instruments