ART. 16] NON COMPOS MENTIS. 385

1908, ch. 101.

113. Nothing contained in the two preceding sections is intended
as, or shall be taken to be, an interpretation of existing law.

Non Compos Mentis.

1904. art. 10. sec. 107. 1888. art. 16. sec. 96. 1860. art. 16, sec. 79.
1785, ch. 72, sec. 6. 1815. ch. 163.

114. The court shall have full power and authority, in all cases, to
superintend and direct the affairs of persons non compotes mentis,
both as to the care of their persons and the management of their estates,
and may appoint a committee, or a trustee or trustees for such persons,
and may make such orders and decrees respecting their persons and
estates as to the court may seem proper.

Generally.

The respondent is entitled to notice of the proceedings, and to be present
before the jury, save in exceptional cases. Royal Arcanum v. Nicholson, 104
Md. 472. And see Campbell's Case, 2 Bl. 209.

Although the court cannot dispose of the person or estate of a citizen with-
out his having been adjudicated insane, yet under certain circumstances, the
court will protect both, prior to such adjudication. Owings' Case, 1 Bl. 290.

The jurisdiction of equity under this section depends upon the party being
non compos. Such jurisdiction can not be exercised without the precautions
required by law. Greenwade v. Greenwade. 43 Md. 315.

The term "non compos mentis," defined. Where a person Is originally
adjudged insane, the burden Is on him subsequently to prove sanity. John-
son v. Safe Deposit Co., 104 Md. 467; Greenwade i: Greenwade, 43 Md. 315.

The matter of the appointment of a committee is within the discretion
of the equity court, and no appeal lies: considerations which should influence
that discretion. Sometimes the lunatic's person may be committed to one
party, and his property to another. Colvin's Estate. 3 Md. Ch. 278. And
see Morgan's Case, 3 Bl. 332; Boarman's Case, 2 Bl. 89.

The death of a lunatic terminates the office of the committee, and the
equity court will order the estate passed over to the decedent's representa-
tives. Cain v. Warford, 3 Md. 461; Colvin's Estate. 3 Md. Ch. 278.

The writ de lunatico inquirendo should be directed to the county in which
the respondent resides, or. if he is a non-resident, to the county in which he
last resided or in which the principal part of his estate lies. Campbell's
Case. 2 Bl. 217.

This section does not prevent a lunatic from being sued at law. and judg-
ment being entered against him. Rtigers v. Brent, 50 Md. 220. And see
Tomlinson v. Devore, 1 Gill, 347.

History of this section. This section referred to in construing section 116—
see notes thereto. Hamilton v. Traber. 78 Md. 32.

This section referred to in construing sections 118 and 121—see notes
thereto. Estate of Porney, 59 Md. 69.

Cited but not construed in Williams' Case, 3 Bl. 192.

Cross references.

As to non-resident non compos, see sec. 125.

As to decrees of specific performance against non-resident non compos, seo
sec. 126.

As to the jurisdiction of equity to decree relative to mortgaged property
owned by nan compos, see sec. 99.

As to the jurisdiction of equity to decree relative to property of a non
compos which is subject to a contract, see sec. 100.

As to the sale of the real estate of a non compos to save personaltv, see
sec 101.

As to the procedure upon a bill of review in the interest of non compos,
see sec. 179.

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