Page:The Green Bag (1889–1914), Volume 07.pdf/420

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The English Law Courts. what he was doing, and proves that this was so by the law of England, that contract is as binding upon him in every respect, whether executed or executory as if he were sane, unless he can prove that at the time he made the contract, the plaintiff knew that he was insane, and so insane as not to know what he was doing."

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whom Her Majesty may entrust under the sign manual with the care and custody of the estates of lunatics.

LORD JUSTICE KNIGHT BRUCE. 1 James Lewis Knight Bruce was descended from an old Shropshire family and was born at Barnstable in 179 1 . His father was Mr. John Knight of Llanblethian in Glamor LORDS JUSTICES. ganshire. His mother was a daughter of the The lords justices ancient house of are now the ordinary Bruce, of Kennet, judges of the Court (Foss's Judges, p. of Appeal. They for merly constituted to 134). Down to 1837 he bore his father's gether with the Lord Chancellor and the name, but in that Master of the Rolls, year, on the occa sion of his eldest the Court of Appeal in Chancery, whose brother assuming the jurisdiction the Court surname of Bruce, on succeeding to an es of Appeal now en joys. The lords jus tate, he added, by tices have also an im license, that of his portant jurisdiction mother(ib. 135). Ed in lunacy. By the ucated at Exeter Col common law the lege, Oxford, Knight crown has, in virtue Bruce joined Lin of its prerogative, the coln's Inn as a stu care and custody of dent, in 181 2. Five LORD JUSTICE KAY, the persons and years later he was estates of those who called to the bar and from defective understanding are not capa went the Welsh circuit, where his knowledge ble of taking care of themselves. But of the Welsh tongue made him a power with although the sovereign was theoretically native juries. But it was not in nisi prius work after all that his great strength lay. Equity capable of exercising his jurisdiction in lun acy at his own instance, this right was never was his forte, and his success in the Court exercised until an inquisition or inquiry into of Chancery was so rapid that twelve years the alleged lunacy had been held; and the after his " call " he was able to take silk. In royal authority was delegated under the sign 184 1 he was knighted and raised to one of manual, usually but not necessarily, to the the two vice-chancellorships which were Lord Chancellor. It is now, as we have said, then created for the relief of the Lord Chan exercised (Judicature Acts, 1873 — 75) by cellor's Court. In October, 1851, he be the lords justices of the Court of Appeal came a lord justice of appeal in chancery and any other judge of the High Court and held this office until October, 1866,