by law, have judgment thereon for such default of appearance, and no essoin or saver-default in any such case be received or allowed. SECTION 88. Whenever it shall be lawful to cause service of any writ as aforesaid, to be made upon any defendant out of the county in which the action may be commenced, the sheriff of the county in which such defendant may reside or be found, shall by virtue of his office, have within his county, the power of a deputy to the sheriff of the county in which such writ shall have issued, for the purpose of executing such writ, without any special deputation for the purpose. SECTION 89. That all laws hereby altered or supplied, so far as are inconsistent with this act, are hereby repealed. SECTION 90. The provisions of this act, so far as they alter or add to existing laws or customs, shall go into effect from and after the first day of September next, and not before. NER MIDDLEWSARTH, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. APPROVED-The thirteenth day of June, Anno Domini, eighteen hundred and thirty-six. JOS: RITNER. No. 171. An Act Relating to lunatics and habitual drunkards. TABLE OF CONTENTS. SECTION 1. Jurisdiction of courts. 2. How the same shall be exercised. 3. Form of commission. 4. Not to issue except upon application of relatives, &c. and upon affidavit, &c. 5. Commission may be addressed to one or more persons. 6. Court to make an order respecting notice. 7. Commissioners may issue venires, for not less than twelve, nor more than twenty-three persons. 8. Under certain circumstances, the court may direct the inquisition to be held by one of the judges, and attending jury. 9. If the judge shall certify that the application in such case was without probable cause, the applicant shall be liable. to the costs. 10. Compensation of commissioners. 11. Compensation of jurors. II. OF THE TRAVERSE OF AN INQUISITION. 12. Any person aggrieved, may traverse an inquisition. 13. The court may nevertheless, make all necessaryorders respecting the person or property of the lunatic, &c. II. APPOINTMENT OF COMMITTEES, AND HEREIN OF FOREIGN COMMITTEES, &c. 14. Court to appoint committees of persons and estates. 15. Committee of estate to give security. 16. The finding of the inquest to have the same effect in all counties of the commonwealth. 17. Effect of an appointment by a foreign tribunal. 18. Proviso; copies of the proceedings in case of a lunatic non-resident in the commonwealth, may be admitted for certain purposes. IV. AUTHORITY AND DUTIES OF A COMMITTEE, AND HEREIN OF THE SALE OF REAL ESTATE, AND EXECUTING THE CONTRACTS OF LUNATICS. 19. Inventory to be filed by committee. 20. Committee to have care of real and personal estate, SEC. 21. If the income be insufficient for maintenance, &c. the committee may, under the direction of the court, apply part of the principal, &c. 22. Court may order the sale or mortgage of real estate, in certain cases. 23. Certain statements and estimates to be first furnished. 24. Notice of the application for such purpose must first be given. 25. Court may appoint an auditor on such application. 26. What an order for sale of real estate must contain. 27. What an order for mortgage of real estate must contain. 28. Proceedings if the estate is situate in another county. 29. Committee to make return of sale, and confirmation thereof. 30. No sale or mortgage to be confirmed, unless security given by the committee. 31. Committee to execute deed to purchase, &c. 32. In case of death of committee, &c. the court to order the prothonotary, &c. to execute deed. 33. The like proceedings to be had if the committee shall refuse to execute deed, &c. 34. Committee may, under the direction of the court, invest in stock, &c. 35. Contracts, in writing, of lunatics, may be enforced in the court of Common Pleas. 36 Decree of the court thereon may be ordered. 37. Duty of committee to execute deed, &c. 38. Parole contracts may be enforced in like manner, in certain cases. 39. Contracts for the purchase of land may be enforcedin the Common Pleas. 40. Committees of the estate to settle their accounts every three years, and oftener, if required.. 41. Such committees to settle full accounts on the determination of the trust. 42. Committees of the person to settle accounts, when-. ever required by the court. 43. Courts of Common Pleas to have the like control over committees, as Orphans' courts possess over guardians, &c. V. PROCEEDINGS IN CIVIL ACTIONS AGAINST LUNATICS. 44. Lunatics not to be liable to arrest or imprisonment. 46. Courts to discharge such lunatic from arrest. 47. Proviso, if plaintiff shall make affidavit that the inquisition was unduly found, &c. 48. Duty of keeper of prison; if any person confined in a civil action shall appear to be a lunatic, to give notice to aldermen or justices. 49. Duty of aldermen or justices in such cases. 50. Duty of the prothonotary and of the court in such cases. 51. Court to hear the case, and may discharge the person ao confined, or deliver him to his friends, &c. 52. Court to appoint some person to appear for the lunatic, if arrested on mesne process. 53. Court to appoint assignees, if the lunatic be arrested on final process. 54. Assignees to have like powers, &c. as in case insolvency. of 55. Order of the court to be a sufficient warrant for his discharge, &c. 56. On the application of the bail of a lunatic, the court may order an exoneretur. to 57. In every such case, the court to appoint some person appear for the defendant. VI. CRIMINAL PROCEEDINGS AGAINST LUNATICS. 58. On the trial of any person, if it shall appear that he was insane at the commission of the offence, the jury are to find the fact, and the court to order him to be detained in custody, &c. 59. The like proceedings if the person shall appear, upon arraignment or trial, to be insane. 60. Proceedings if a person brought up to be discharged shall appear to be insane. 61. Proviso, That such person may be delivered to his kindred or friends, or to the overseers, &c. on their giving security. 62. The estate of such lunatic to be liable for his support, and in default of such, the county, township, &c. VII. OF SUPERCEDING A COMMISSION OF LUNACY, &c. 63. On petition and proof that the party is restored to sound mind, or become habitually sober, the court may order the commission to be superceded, &c. 64. The order in such case, to have the effect of a writ of supersedeas. 65. Proviso, That such order is not to render the estate liable for intermediate contracts. VIII. PENALTY ON INNKEEPERS SELLING TO HABITUAL DRUNKARDS. 66. Ten dollars penalty for every such act, after notice, &c. 67. Meaning of the word "lunatic," in this act. 68. Repealing clause; when this act shall take effect. An act relating to lunatics and habitual drunkards. 1. OF THE COMMISSION OF LUNACY OR HABITUAL DRUNKENNESS, AND THE INQUISITION HELD THEREON. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be lawful for any court of Common Pleas of this commonwealth, to issue a commission, in the nature of a writ de lunatico inquirendo, as heretofore practised and allowed, to inquire into the lunacy or habitual drunkenness of aby person being within this commonwealth, or having real or personal estate therein. SECTION 2. The jurisdiction aforesaid, shall be exercised as follows, viz: 1. If any person alleged to be a lunatic or habitual drunkard, shall reside within the commonwealth, such commission shall be issued by the court of the county in which he shall reside, and shall be executed therein: Provided, That if an alleged lunatic shall be under restraint, in any place within this commonwealth, out of the county of his residence, and it shall be made to appear, to the satisfaction of the court of such county, that such person cannot conveniently be removed to the place of his residence, such commission may be executed in the county where such person may be so restrained. II. If such alleged lunatic or habitual drunkard shall not have any residence within this commonwealth, such commission may be issued by the court of the county in which he may be, and shall be executed therein. III. If any inhabitant of this commonwealth shall be absent therefrom, such commissior may be issued by the court of the county in which his last place of residence was, or in which he may have any real estate, and shall be executed therein. SECTION 3. The commission aforesaid, shall be made according to the following form, viz: ( The Commonwealth of Pennsylvania, to WHEREAS, we have been informed in our ) that , of the county of Greeting: court, how is a lunatic, (or habitual drunkard, as the case be,) and we, being willing to be more fully satisñed of the state of the said in the premises, have appointed, and de hereby appoint, authorize, and command you, (or any two of you, if the commission be directed to three or more,) that at such certain day and place as you (or any two of you) shall think fit, you diligently inquire, by the oaths or affirmations of six good and lawful men of the county of by whom the truth of the matter may be better known, whether the said is a lunatic (or habitual drunkard, as the case may be) or not, and if you find him to be a lunatic, then how long he hath been so, and if he enjoys lucid interváls, and what lands and tenements, goods and chattels he was seized or possessed of, or entitled to, at the time of his |