Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/321

 Ch. 8. method of proving a peron non compos is very imilar to that of proving him an idiot. The lord chancellor, to whom, by pecial authority from the king, the cutody of idiots and lunatics is intruded, upon petition or information, grants a commiion in nature of the writ de idiota inquirendo, to enquire into the party's tate of mind; and if he be found non compos, he uually commits the care of his peron, with a uitable allowance for his maintenance, to ome friend, who is then called his committee. However, to prevent initer practices, the next heir is eldom permitted to be this committee of the peron; becaue it is his interet that the party hould die. But, it hath been aid, there lies not the ame objection againt his next of kin, provided he be not his heir; for it is his interet to preerve the lunatic's life, in order to increae the peronal etate by avings, which he or his family may hereafter be entitled to enjoy. The heir is generally made the manager or committee of the etate, it being clearly his interet by good management to keep it in condition; accountable however to the court of chancery, and to the non compos himelf, if he recovers; or otherwie, to his adminitrators.

this care of idiots and lunatics the civil law agrees with ours; by aigning them tutors to protect their perons, and curators to manage their etates. But in another intance the Roman law goes much beyond the Englih. For, if a man by notorious prodigality was in danger of wating his etate, he was looked upon as non compos, and committed to the care of curators or tutors by the praetor. And by the laws of Solon uch prodigals were branded with perpetual infamy. But with us, when a man on an inquet of idiocy hath been returned an unthrift and Rh