CHANCERY 587

Writ—Procedure—Adjudication.

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
CampbelPs Case, 2 Bl. 209.

An appeal lies under art. 5, sec. 30, from a decree ratifying an inquisition of lunacy.
There is no statute prescribing the method by which the mental capacity of a person
is to be ascertained; such procedure remains as it existed, independently of statute,
under the English practice. Ex parte, Bristor, 115 Md. 618.

The jurisdiction of equity to issue writs de lunatico is not confined to cases in which
such persons are residents of, or have property in, the state. When alleged lunatic should
have notice of the proceedings; effect of lack of notice. Origin of jurisdiction of equity
over insane persons and their estates. Committees. Bliss v. Bliss, 133 Md. 71.

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

The jurisdiction of equity under this section depends upon the party being non
compos. Such jurisdiction cannot 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. Johnson v. Safe Deposit
Co., 104 Md. 467; Greenwade v. Greenwade, 43 Md. 315.

Person and Estate.

The powers of equity under this and the following sections are very broad and com-
prehensive, although a sale, lease or mortgage of the estate of a non compos by his
committee is safeguarded by a number of provisions. The fact that the court did
not authorize the committee to make a lease, or if it did, the informal execution of
it or failure to recite the fact in the lease, would not justify a second recovery of the
rents and profits. Powers of a committee appointed in this state over property in
another state. Wilmer v. Phila. & Reading C. & I. Co., 130 Md. 675.

While the language of this section is broad, subsequent sections prescribe the neces-
sary steps preliminary to the sale of the property of lunatics. This section referred
to in construing secs. 129 and 132—see notes thereto. Rutledge v. Rutledge, 118 Md.
556; In re Paca, 140 Md. 50.

This section contemplates any surplus belonging to the lunatic being in the hands
of his committee. Trustee should state a full and proper account. Ex parte Nicholas,
142 Md. 614.

Although the court cannot dispose of the person or estate of a citizen without his
having been adjudicated insane, yet under certain circumstances, the court will protect
both, prior to such adjudication. Owings' Case, 1 Bl. 290.

Generally.

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. Some-
times 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 representatives. Cain v. Warford,
3 Md. 461; Colvin's Estate, 3 Md. Ch. 278.

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

History of this section. This section referred to in construing sec. 127—see notes
thereto. Hamilton v. Traber, 78 Md. 32.

This section referred to in construing secs. 129 and 132—see notes thereto. Estate
of Dorney, 59 Md. 69.

This section quoted—see notes to sec. 169. In re Paca, 140 Md. 50.

Cited but not construed in Williams' Case, 3 Bl. 192; In re Rickells' Estate, 158
Md. 661.

Cross references.

As to non-resident non compos, see, sec. 138.

As to specific performance against non-resident non compos, see sec. 140.

As to the jurisdiction of equity to decree relative to mortgaged property owned
by non compos, see sec. 107.

As to the jurisdiction of equity to decree relative to property of a non compos
which is subject to a contract, see sec. 108.

Re. sale of real estate of a non compos to save personalty, see sec. 109.

Re. procedure upon bill of review in the.interest of "non compos, see sec. 200.

As to how non compos should answer and sue, see secs. 168 and 169.

No decree pro confesso may pass against insane defendants—see sec. 225.

As to lunatics and insane persons, see also arts. 44 and 59.