Page:Federal Reporter, 1st Series, Volume 8.djvu/225

 SPBIOa V. STOMP. 211 �motion for a new trial the plaintiff read a duly-certified transcript^ dated March 11, 1881, of the whole record of the proceedings of the county court for the months of February and March, 1863, doing county business, inwhich is found the entry of the proceedings upon the inquisition of lunacy in the case of William Fulton, to which is added in the oertificate the statemeii^.*. that no entry concerning such inquisition is found in the iecord of p-obate business. �Assuming that this is sufficieut evidence of the fact that the pro- ceedings on the inquisition of lunacy were kept in the record of county business, and not that of probate business, and that the plaintiff is excusable for not producing such evidence on the trial if he deemed it material, what is the effect of it? �At the date of the act of June 4, 1859, supra, and until September 27, 1862, there was no insane asylum in the state, and a county court iad no authority to make or hold an inquisition of lunacy ex- cept for the purpose of appointing a guardian of the lunatic's person and estate, upon the application in writing of certain persons named. Act of December 15, 1853, (sections 9 and 10, Or. Laws, 555.) �On September 27, 1862, an act was passed "to provide for the safe-keeping of insane and idiotie persons." Section 1 of this act authorized the governor to contract with "some suitable person" for the safe-keeping of the insane. Section 2 was merely a rehash of the law then in force, authorizing the county court to appoint a guard- ian for the person and estate of a lunatic, without auy reference to it. Section 3 authorized "the county judge of any county, * any person "is suffering under mental derangement," to cause such person "to be brought before him, at such time and place as he may direct," then and there to be examined by "one or more competent physicians," selected by said judge. If upon such examination the physician should "certify on oath" that the person examined was insane, then the judge was required to cause such person to be placed in charge of the contractors for keeping the insane, primarily at the expense of the state ; but it -was also made the duty of the county judge to see that the estate of the insane person, if any, was applied to meet such expense. For the first two years the priee paid was seen that it is doubtful to what class of business an inquisition of lunacy taken under the act of 1862 belongs. It does not corne within the enumeration of the act of June 4, 1 859, and was not authorized when that act was passed. It is somewhat sui generis. The proceeding ��� �
 * * upon the application of any citizen in writing," stating that
 * 12 per week, and for the next four years $10. From this it willbe