State of Colorado, County of Arapahoe. S SS. Form No. II130.1 Of the June Term of Arapahoe County Court, A. D. 1899. In the matter of an inquisition as to the lunacy of James Doe. We, the jury, duly summoned, impaneled and sworn, diligently to inquire of and due presentment make of the fact submitted to us, whether or not the said James Doe, now produced before us, is a person so insane or distracted in his mind as to endanger his own person or the persons and property of others if allowed to go at large, "mentally incapable of taking care of himself, and managing his property,' has been held to be sufficient; the words incapable" and "incompetent" being clearly regarded by the legislature as synonymous terms. Matter of Leonard, 95 Mich. 295. A finding by a jury that "August Wessell is insane," while unquestionably informal, sufficiently implies an incapacity on the part of the lunatic to manage his own affairs, to warrant the appointment of a guardian for him. Kiehne v. Wessell, 53 Mo. App. 667. An inquisition finding the alleged lunatic of unsound mind so that he is not capable of managing his lands, tenements, goods and chattels," is sufficient, though it does not state that he is also incapable of governing himself. Matter of James, 35 N. J. Eq. 58. A return that the alleged lunatic "is a lunatic and of unsound mind and does enjoy lucid intervals so that he is not capable of managing himself, his lands, tenements, goods and chattels," is not objectionable either in form or fact because of the presence of the words and does enjoy lucid intervals," whether read parenthetically or not. Matter of Hill, 31 N. J. Eq. 203. The proper return to a commission of idiocy or lunacy, where the party is not found an idiot or lunatic, but is considered by the jury as an object fit to be under the superintendence of the court of chancery, is that the party is of unsound mind, so that he is not sufficient for the government of himself, his lands and tenements. Shelford on Lunatics, pp. 108, 109; Matter of Lawrence, 28 N. J. Eq. 331. For other forms see the following cases, to wit: Lucas v. Parsons, 23 Ga. 267; McCammon v. Cunningham, 108 Ind. 545: Devilbiss v. Bennett, 70 Md. 554; Matter of Zimmer, 15 Hun (N. Y.) 214; Matter of Dickie, 7 Abb. N. Cas. (N. Y. Supreme Ct.) 417: Bethea v. McLennon, I Ired. L. (23 N. Car.) 523. Insufficient Forms. A return that the imbecile is an idiot or lunatic, or non compos mentis or of unsound mind will be regarded as sufficiently showing this fact, because these terms are technically used to express the deprivation of sense to that degree, but a return that the party "is not a lunatic, but that her mind is impaired by age and other causes, and that (or so that) she is not capable of managing her own affairs, is insufficient. Matter of Lindsley, 44 N. J. Eq. 564, affirming Matter of Lindsley, 43 N. J. Eq. 9. 64 The finding of a jury that we believe him to be a man of unsound mind" is imperfect in not stating when his mind became unsound. Christmas v. Mitchell, 3 Ired. Eq. (38 N. Car.) 535. The finding of a jury "That, although they do not find the said Sarah Ann Reeves a lunatic, in the general acceptation of that term, they by reason of her age, ignorance, and the feeble condition of her mind and body, deem her unfit to manage her estate judiciously, and to have been in that con dition for a year last past, and would recommend that the Honorable Court of Chester county appoint a proper person, as committee, to take charge of and account for the same, and further, that the said Sarah Ann Reeves does not enjoy lucid intervals," cannot be sustained under the act of June 13, 1836, P. L. 592, nor will it warrant the appointment of a committee to take charge of the person and estate of the alleged lunatic. Com. v. Reeves, 140 Pa. St. 258. 1. Colorado. Mills' Anno. Stat. (1891), § 2962. See also statutes cited supra, note 1, p. 38. do upon our oaths solemnly find from the evidence adduced before us, the jury on said inquest, that the said James Doe is a person so insane and distracted in his mind as to endanger his own person and the persons and property of others, if allowed to go at large, and that the said James Doe was in person as well as by Oscar L. Stevens, his guardian ad litem, actually present during the whole of said inquisition, with full liberty to be heard in defense. Form No. II 131.' Charles S. Hawes. Nathan C. Hamblin. In the matter of James Doe, a supposed In Chancery. insane person. Kent County, ss. An inquisition taken at the office of Leonard A. Ford, in the city of Dover, in Kent county, on the fourteenth day of June, A. D. 1899, before John Lynch, Esq., sheriff of Kent county, by virtue of a writ of insanity issued out of the Court of Chancery of the state of Delaware, bearing date the first day of June, A. D. 1899, to him as said sheriff directed, and to this inquisition annexed, to inquire, among other things, of the insanity of James Doe of Dover in Kent county, upon the oaths of (insert the names of the jurors) good and lawful men of the said county, who being severally duly sworn or affirmed, and charged to make a true inquisition according to the evidence, say that the said James Doe at the time of the taking of this inquisition is an idiot (or is a lunatic and of unsound mind and does not enjoy lucid intervals or is a lunatic and of unsound mind with lucid intervals), so that he is incapable of the government of himself or the management of his estate, and that he, the said James Doe, has been in the same state of idiocy from his birth (or of lunacy for the space of one year last past, stating any cause appearing to the jurors whereby the lunacy was induced, but how otherwise he became a lunatic the jurors aforesaid know not, unless by the visitation of God). And the jurors aforesaid, upon their oaths and affirmations respectively aforesaid, further say that whether the said James Doe, being in the same condition, hath alienated any lands or tenements, as also what lands and tenements, goods and chattels, yet remain to the said James Doe, the jurors aforesaid know not. And the jurors aforesaid, upon their oaths and affirmations respectively aforesaid, do further say that the following lands and tenements, goods and chattels, and personal estate, yet remain to him the said James Doe (describe the property), and that the said lands and tenements so remaining to the said James Doe are worth about ten thousand dollars, and that the issue and profits thereof by the year are worth about the sum of five hundred dollars, and further that the 1. Delaware. - Rev. Stat. (1893), p. 381, c. 49, § I. See also statutes cited supra, note 1, p. 38. value of the goods, chattels and personal estate of the said James Doe is about the sum of one thousand dollars. And the jurors aforesaid, upon their oaths and affirmations respectively aforesaid, do further say that the said James Doe has a wife named Julia Doe, and one son Joseph Doe, who is the age of fourteen years or thereabouts, and that the said Julia Doe and Joseph Doe are those who will be entitled to his estate in the case of his death. In testimony whereof, as well the said sheriff as the jurors aforesaid, have to this inquisition set their hands and seals the day and year first above written. (Signed and sealed by jurors and sheriff.) Form No. II132. (Kan. Gen. Stat. (1897), c. 131, § 42.)1 State of Kansas, Clark County, ss. We, the undersigned, jurors in the case of John Doe, having heard the evidence in the case, are satisfied that said John Doe is insane and is a fit person to be sent to the state insane asylum; that he is a resident of the state of Kansas and county of Clark; that his age is thirty years; that his disease is of two years duration, dating from his first symptoms; that the cause is supposed to be (stating cause); that the disease is (or is not) with him hereditary; that he is (or is not) subject to epilepsy; that he does (or does not) manifest homicidal or suicidal tendencies. Thomas Evance. Henry Burrel. William Welfitt. Alexander Hamilton, M.D.2 12. Answers to Interrogatories. State of Illinois, No. 139. County of Cook. a. By Jury. Form No. II 133.3 In the County Court of Cook County. In the matter of an inquisition as to the sanity of John Doe, the 1. See, generally, the list of statutes cited supra, note 1, p. 38. 2. This verdict must be signed by six jurors, one of whom must be a physician in regular practice in good standing. There must be attached to the verdict a brief statement of the medical treatment in the case, which statement must be signed by the physician or the jury. Kan. Gen. Stat. (1897), c. 131, § 42. 3. This form has been adapted by the Illinois State Board of Commissioners of Public Charities. The form is drawn under Starr & C. Anno. Stat. Ill. (1896), c. 85, par. 9. commissioners of public charities submit the following interrogatories to be answered by the commission in the above entitled case: Name (in full), John Doe. Residence, 93 Ashland Boulevard, Chicago, County of Cook. Father, native of England. Mother, native of France. 1. Condition as to marriage, etc.1 2. Occupation. 2 3. Education.3 4. Religion.4 5. Family history. 5 6. Personal characteristics. 7. Previous attacks.7 8. Assigned causes.8 9. Present attack.9 10. Personal acts, 10 II. Restraint.11 * We, the undersigned, jurors in the above entitled case, having been furnished by the state commissioners of public charities with the foregoing interrogatories in writing, hereby certify that we 1. Condition as to Marriage. —State whether single, married, widowed, separated or divorced; the number of children, if any, with the age of the youngest. 2. Occupation. If a female or minor, state the occupation of the husband or parent and the address of friends. 3. Education. State whether collegiate, academic or common school, reads or writes, or none. 4. Religion. If a member of a church, state of what denomination. 5. Family History. — Here give all the facts pertaining thereto; if any relatives have been insane, hysterical, nervous, or had convulsions, and whether upon the paternal or maternal side; if either parent has been intemperate or addicted to the use of opium or tobacco in excess; if either parent has been addicted to other habits in excess; cause of death of parents, if deceased; birthplace of father and mother; parents related to each other or not, and if so, what degree of relationship; ages of parents at birth of patient. 6. Personal Characteristics.-Here give the physical peculiarities or defects of the habits as a child, and since, if an adult. State the temperament, disposition and tastes; the success in business; if addicted to the use of liquors, opium or tobacco; if patient has any vicious habits; has had any serious diseases answered the same correctly to the best of our knowledge and belief. (Commencing as in Form No. 11133, and continuing down to *.) 12. Present condition (physical).2 13. Present condition (mental).3 We, the undersigned commissioners in the above entitled case, having been furnished by the state commissioners of public charities with the foregoing interrogatories in writing, hereby certify that we answered the same correctly to the best of our knowledge and belief. Richard Roe, M.D. Daniel Cole, M.D. 13. Decree of Lunacy. Form No. 11135.5 James Doe, June 14, 1899. a lunatic. This being the day appointed for hearing the petition of John Doe, filed by him as relative of the said James Doe, alleging the lunacy of the said James Doe and praying an inquisition thereof, comes the said James Doe, who hath been brought into court by the sheriff of this county under due process, and the said John Doe also comes into 1. This form is approved by the State Board of Commissioners of Public Charities of Illinois. The form is drawn under Starr & C. Anno. Stat. Ill. (1896), c. 85, par. 9. 2. Present Condition (Physical). State whether in usual health or feeble and emaciated, respiration; appearance of pupils, whether equally dilated; voice, whether natural or if there is any unnatural hesitancy or stammering while speaking; hands dry or sweaty; appetite, sleep, digestion, hearing, sight; if there is any evidence of paralysis or loss of power or control of muscles. 3. Physical Condition (Mental). — State if excited or quiet, pleasant or moody and irritable; the character of the delusions; how occupied during the day. If the patient is a female, give date of last menstruation and state condition as to uterine or ovarian diseases; excitement, depression, exaltation (unnatural gaiety or ideas of grandeur), memory, delusions (hallucinations of sight, hearing, etc., insistent ideas), degree of self control, will power, general demeanor, appearance, insanity of manner, conduct, dress, etc. 4. A recital in the judgment that "due notice" had been given is a finding of the court and is held to be sufficient where the record is otherwise silent, but where the pretended notice is a part of the record and shows on its face its infirmity the recital of due notice on the record is thereby contradicted. Crow v. Meyersieck, 88 Mo. 411. 5. See Ala. Civ. Code (1896), § 2260; also statutes cited supra, note 1, p. 38. |