CAMPBELL'S CASE. 217

hospital in a state of insanity, and incompetent to the management
of his affairs.

26th December, 1827.—BLAND, Chancellor.—Of the sufficiency
of the evidence of insanity, on this, application, there can be no
doubt; and there seems to be room to doubt the iden-
tity of the person, particularly when petition and affidavit are

taken in connexion 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 neces-
sary, 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 county in which he last actually
resided, or in which the principal part of his estate lies, (d)

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 in
the usual manner, and returned on the 8th of January, 1828, by
which the jury found, that Charles Campbell was a lunatic on the
15th 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
in the same state of lunacy from the 19th of March, 1819; and
that Edward Campbell and Catherine the wife of James Cunning-
ham were his brother and sister, and nearest of kin, &c.

10th January, 1828.—BLAND, Chancellor.—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 per-
son, and of the estate of the said Charles Campbell be and the
same is hereby committed to James Cunningham, of Frederick

(d) Exparte, Southcot, 2 Ves. 402.