204 CAMPBELL'8 CASE.—2 BLAND.

next of kin. Upon which it was prayed that a writ de lunatico
inquirendo, might be issued. With this petition there was filed
an affidavit, made on the 15th of December, 1827, before the Mayor,
and certified under the seal of the City of Philadelphia, by the
attending physician of the Hospital of Philadelphia stating, that
Charles Campbell had been for several years, and then was in that
* hospital in a state of insanity, and incompetent to the man-
217 agement of his affairs.

BLAND, C., 26th December, 1827.—Of the sufficiency of the evi-
dence of insanity, on this application, there can be no doubt; and
there seems to be as little room to doubt the identity of the per-
son, particularly when this petition and affidavit are taken in con-
nexion with the proceedings which have been had in relation to
the estate of the late William Campbell. There is then sufficient
ground upon which to award the writ as prayed.

With regard to the county to which it must be directed; it is,
in general, proper, and may, in some cases, be indispensably ne-
cessary, that the person alleged to be of unsound mind should be
brought before the jury who are convened by the sheriff to ascer-
tain his intellectual condition. And for that reason the writ is
almost always directed to the sheriff of the county in which the
person said to be insane resides, or may at the time be placed.
But if he is out of the State at the time, or it is impracticable, or,
as in this instance, it would be attended with great inconvenience
and injury to the afflicted person, to have him brought before the
jury, his actual presence may be dispensed with, and the writ
may be directed to the sheriff of the eouuty in which he last ac-
tually resided, or in which the principal part of his estate lies.
Ex parte Southcot, 2 Vex. 402.

Therefore, in this case, let the writ de lunatico inquirendo, issue
as prayed, directed to the sheriff of Frederick County.

The writ was issued accordingly, and an inquisition was taken
iu the usual manner, and returned on the 8th of January, 1828, by
which the jury found, that Charles Campbell was a lunatic on the
loth of December, 1827, and was then in the hospital at Philadel-
phia and did not enjoy lucid intervals, so that he was not suffi-
cient for the government of himself and property; that he had
been iu the same state of lunacy from the 19th of March, 1810:
and that Edward Campbell and Catherine the wife of James Cun
ningham were his brother and sister, and nearest of kin, &c.

BLAND, C., 10th January, 1828.—Ordered, that the said return
be and the same is hereby ratified and confirmed. And it is
further ordered, that the care, custody and charge of the person,
and of the estate of the said Charies Campbell be and the same is