Page:The Green Bag (1889–1914), Volume 08.pdf/503

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The Green Bag.


460

THE ENGLISH LAW COURTS. X. MISCELLANEOUS. UNDER this head we propose to include a number of courts and jurisdictions too important to be passed over altogether, yet not sufficiently so to stand in need of separate treatment. LUNACY OFFICES.

The jurisdiction over lunatics is exercised in three different offices: (1) that of the Masters; (2) that of the Commissioners in Lunacy; (3) that of the Chancery Visitors. (1.) The Masters in Lunacy are two bar risters, each of not less than ten years' stand ing, and enjoying a salary of £2000 a year. They try inquisitions de lunatico inquirendo with or without a jury, according to circum stances, and exercise, under recent acts, most of the powers of the Judge in Lunacy in re gard to the administration of lunatics' estates. The most famous of the Masters was Samuel Warren, Q. C, the author of "Ten Thousand a Year " and " The Diary of a late Physician." He presided over the famous Windham inquiry in 1862. The present Masters are Mr. Bulwer, Q. C, who tried the Cathcart case, — reported in its legal aspects in 1892, 2 Chancery, 549, — and Mr. F. Maclean, Q. C, who has had no opportunity of showing his quality, except in a painful case where a clergyman of the Church of England was held to be a lunatic (the Tollemache inquiry). (2.) The Commissioners in Lunacy are charged with the duties of seeing that the provisions of the Lunacy Acts in regard to asylums, etc., are complied with, and of re newing licenses. Besides a number of unpaid commissioners, there are six paid members of the board — three medical and three legal (barristers of not less than five years' stand ing — appointed and removable by the Lord

Chancellor, and receiving each a salary of £1500 a year exclusive of expenses). The Commissioners visit the asylums periodically, "hunting in couples," one legal and one medical. But the Lunacy Acts contain pro visions for special visits at any time. There is a secretary to the Lunacy Commission — a barrister of not less than seven years' stand ing — appointed by the Commissioners with the approbation of the Lord Chancellor, and having a salary of £800 a year. The secre tary has also practically the first vacant commissionership in reversion. (3.) The Chancery Visitors have as their chief duty the visitation of lunatics " so found by inquisition." One of the Visitors is a medical man and another a barrister (qualification, five years' standing). They are appointed and removable by the Lord Chancellor, and receive each a salary of .£1500 a year exclusive of expenses. Various suggestions for the amalgamation of these offices have been made, and it may not improbably be effected during the pres ent administration. VARIOUS INFERIOR COURTS.

In addition to county courts, certain cities and boroughs have attached to them inferior courts of record, having power by ancient charters to exercise jurisdiction in certain suits. Of these the chief are the Mayor's Court of London (special act 21 and 22 Vict., ch. 57); the Liverpool Court of Pas sage (several special acts); the Salford Hundred Court of Record (special act 31 and 32 Vict., ch. 1 30 ); the Oxford Uni versity Chancellor's Court (special act 25 and 26 Vict., ch. 26). Other inferior courts of record which have no special acts govern ing their procedure are the Bristol Tolzie and