Page:The New International Encyclopædia 1st ed. v. 12.djvu/604

* liUMPSUCKEB. 538 LUNACY. ■water, leaving the male to watch over the eggs, •which he is said to defend with great courage. The flesh is eaten by some persons, thmigli no- where highlj- esteemed, as it is soft and oily. Local names for this sjiecies in Great Britain are 'lumpfish' and 'eockpaiddle.' Several other spe- LIIMPMUCKEK. cies are known Consult : Goode, the world. , section i. in various parts of Fishery Industries; (Washington, 1SS4) : Garman, Monograph of the jD/scofto^ (Cambridge, 1892). LtTNA (Lat., moon; connected with Lat. Ulcere, to shine). The moon, worshiped as a goddess by the ancient Romans ; the Selene ( XiX-tivri) of the Greeks. Her culture goes back to the primitive times of Italic nature-worship. She had three temples in Rome: one on the Aventine overlooking the Circus Maximus, the construc- tion of which is assigned to King Servius Tul- lius; a second, smaller, on the Palatine, kept illuminated at night; and a third, a mere shrine, close to the Circus Ma.ximus itself. In Greek mythology, Selene is the sister or wife of Helios, the sun. LtTNA, luo'nd, Alvaro de, Count de Gormas (1388-1453). A S|)anish courtier. He was at first a page at the Covirt of Castile, but rose to be the favorite ilinister of King John II., and (1423) Constable of the Kingdom'. Through the machinations of the grandees, he was twice ban- ished — in 1427 and again in 1439. In 1445 he became commander-in-chief of the army; but his fall was finally brought about by an intrigue, and he was arrested at Burgos, condemned to death, and executed at Valladolid. LXJNA, Pedro de (13.34-1424). Antipope, un- der the name of Benedict XIII. He was a native of Spain and received a cardinal's hat from Gregory XI. (1375). On the death of the Antipope, Clement VII., in 1394. he was elected Pope by the Avignon cardinals, on condition that he should resign at the request of the College of Cardinals, or whenever the Pope at Rome should resign, so that a new Pope might be chosen and the great schism ended. Tliis be steadily refused to do, although lie was df))nsed by the Council of Pisa in 1400 and by that of Constance in 1417. After the election of Jlar- tin v., he witlulrew to the fortress of Pcfifscola, in Valencia, and continued in schism till his death. See Schlsm. Western. LUNACY (Disease). See Ixs.4.nitt. LUNACY (from Lat. hina, moon) (in Law). When an insane person becomes so incompetent mentally as to be imable to care properly for his own person or property, or as to be danger- ous to the persons nr property of others, it be- comes the right and duty of the State to assume control over his person or property, or both, and when that is done his condition is technically known as lunacy. In England the King, as parens putriw, was regarded as the natural guar- dian and protector of all legally ineiinipctent persons within the realm. The execution uf this duty was early delegated to the Cliancel- lor, and the Court of Chancery thus became the tribunal to which belonged jurisdiction over such unfortunates and their property. As this jurisdiction of the Chancellor was not ex- ercised by him primarily in his judicial ca- pacity, it has been questioned whether courts of equity in the United States have this portion of the Cliancellor's jurisdiction. The question is now unimi)ortant. as all of the United States now have elaborate systems for the control and care of lunatics and their property, created and regulated entirely by statute. So long as a person is not judicially declared incompetent he is entitled to his liberty and to manage his own affairs. At common law a pri- vate person might temporarily restrain such an insane person to prevent an immediately threat- ened injury to the insane i)erson or others, but for any other or further restraint he was lial)le in damages for assault or false imprisonment : and an early English statute made it a miscU'nieanor for one to receive two or more insane persons into his house for care or treatment unless the house was registered under the act as an asylum for the insane. When a legal investigation Mas to be made for the purpose of having one judicially declared a lunatic it was the Chancery practice (which has been perpetuated with slight modifi- cations by statute) to issue an order or decree, upon the petition of a relative of the lunatic or of a proper public officer, appointing a commis- sion de liiiKitico inqnirendi) — to inquire as to the lunacy of the person named in the order. The commission is usually, although not always, com- posed of a layman, or in some States of a law- yer, a physician, and a layman ; and it is its duty to listen to evidence upon the question of insanity, and to determine, in some States with the aid of a jury, the question of legal compe- tency. Generally notice is required to be given to the lunatic, and sometimes to his relatives or the person with wliom he resides ; and iinless dangerous he must l)e given O])portunity to ap- pear before the commission and be heard in his own defense, failing which his constitutional right not to be deprived of liberty without due process of law would be violated. Upon the re- port of the commission that the person named in the order appointing the commission is a lunatic, the Chancellor, or the court having corresponding jurisdiction, adjudges him to be a lunatic, and appoints a committee, or in some States a guard- ian, to take charge of the lunatic's person and property, or it may in its discretion appoint separate committees as guardians of the person and property respectively. The lunatic then ceases to have most of the attributes of a legal person. He has no power to contract or in any way dispose of his property by deed or will. He is liable upon theory of quasi-contract for his necessaries. He is still liable for torts, and may sue and be sued, althouuh generally all litigation must be carried on in the name of his coiumittee. The committee or guardian of the property has very limited power over the property, being merely the bailiff or receiver of the court acting under its direction. The income of the lunatic's
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