Page:Federal Reporter, 1st Series, Volume 8.djvu/228

 214 FBDEEAL REPORTER. �order directed to the sheriff co mmanding him to bring Fulton before the court "on the presumption of insanity," to be dealt with according to the statuts, and the sheriff made a return thereon that he "arrested" the person named and brought him before the court. This order, judged by its purpose and mode of execution, was, in effeot, a proces» for the arrest of Fulton issued without information upon oath. But all process for the arrest of a party is not included in the word "warrant" as used in the constitution. A capias, or writ of arrest in a civil action, is not a "warrant" in that sense, and it is issued at common law as a matter of course, without oath. S Black. 281. A warrant within the meaning of the constitution is an authority for the arrest of a porson upon a criminal charge, with a view to his commitment and trial thereon. �The arrest of a person upon a charge of insanity, for the purpose of his commitment or confinement in an insane asylum, is, strictly speaking, neither an arrest in a civil or criminal proceeding, but is one sui generis. Still it partakes more of the character of the lat- ter than the former, and ought not, in this day of regard for personal liberty, to be allowed otherwise than upon information on oath. This act, which practically allows the arrest of a person upon the charge of insanity on the unverifled statement of any citizen, and his commitment to the asylum upon the verified statement of any one "physician" selected by the county judge that he is insane, was prob- ably prepared and passed in the interest of the contractors, who naturally enough wanted the entry to the asylum made expeditious and easy. �At common law the king was the guardian of lunatios, and the custody of them was entrusted by him to the chancelier. Upon a petition or information alleging the insanity of any one, the chancel- lor granted a commission to inquire into the matter by the verdict of a jury; and, if the person was thus found insane, committed him to the care of some friend, called his committee. 1 Black. 304. This petition was probably not upon oa,th, but the party was not restrained of his liberty until after the verdict of the jury which established his insanity. �In the draft of the New York Code of Civil Procedure, §§ 1563- 1574, (1849,) the appointment of a committee for an insane person is provided for. The application is made to the surrogate by a veri- fied petition stating the facts, and inquisition thereon is made by a jury at the place of the party's residence, upon notice to him and some member of his family; and in the draft of the Civil Code, | ��� �