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13 June 1836 $ 67.

P. L. 605.

P. L, 30.

statement to be sent to committee

dence.
Powers of com-

nance, &c.

P. L. 122.

sition. Limitation.

14. The word “lunatic” in this act, shall be construed to mean and include every person of unsound mind, whether he may (have) been such froin his

nativity, as idiots, or have become such from any cause whatever. 8 May 1893 $ 39. 15. Whenever any person shall be found by inquisition to be insane, the com

mittee of the person or of the estate, and also the clerk of the court into which After inquisition, the inquisition has been returned, shall thereupon forth with send to the committee

on lunacy, at their principal office, a statement in writing, signed by the commiton lunacy.

tee of the lunatic, of the name, age, sex and residence of the lunatic, and the Change of resi

residence of the committee, and upon any change in the residence or place of detention of the lunatic, shall forthwith notify the committee of lunacy of such

change. The committee on lunacy, or any one or more of the members of the mittee on lunaey. committee, shall have power to visit and examine the said lunatic, and authorize

such visiting and examination by their secretary, or any board of visitors, or one or more members thereof, and by a physician, and the said committee are authorized to apply to any court having jurisdiction over the committee, or to a judge

of a court of common pleas of the county in which the lunatic is a resident or Order for mainte- detained, to make such orders for the maintenance, custody or care of the said

lunatic, and for the care and disposition of the property of a lunatic, as the case Appeal.

may require. From any order, final or otherwise, thus made, an appeal may be taken to the supreme court, but such appeal shall not be a supersedeas, unless so ordered by the court making the order, or by a judge of the supreme court, on application and a hearing.

II. Of the traverse of the inquisition. 8 May 1874 $ 1. 16. Every person aggrieved (g) by any inquisition of lunacy or habitual drunk

enness, may traverse(h) the same, upon or after the return of the same, and proceed Traverse of inqui- to trial thereon,(i) and have like remedy and advantage as in other cases of traverse

upon untrue inquisitions found : Provided, That such traverse shall be filed in the prothonotary's office of the court in which said inquisition is found, within three

months after return of the same. Ibid. $ 2. 17. Every person having or who shall hereafter have right to traverse any such Court may extend inquisition as aforesaid, within the time hereinbefore limited, and applicable to his

or her case, shall be and are hereby absolutely barred of such right of trarerse, unless the said court shall, under the special circumstances of the case, think tit, upon a petition being presented to them for that purpose, to allow such traverse

to be had or tried, after the time by this act limited; in all which special cases it 13 June 1836 $ 13. shall be lawful for the said court to make such orders as to them shall seem just.

18. It shall be lawful for the court, after the return of the inquisition as aforeOrders respecting said, notwithstanding any traverse of the same that may be pending, to make such

order touching the care and custody of the person, and the management and safe tate to be made,

keeping of the estates of any person so found to be a lunatic, or habitual drunkard, as they shall think necessary and proper.(k)

III. Of the appointment of a committee. 13 June 1836 $ 14. 19. On the return(I) of any inquisition as aforesaid, finding that the person

therein named is a lunatic, or habitual drunkard, (m) it shall be lawful for the

court to commit the custody and care of the person, or estate, or of both, of such appointed of the

lunatic or habitual drunkard, to such person or persons as they shall deem most

suitable, according to the rules heretofore practised and allowed (n) Ibid. § 15. 20. But before any person appointed committee of the estate of a lunatic, or of

an habitual drunkard, shall perform any act as such, he shall give security, in such estate to give sum as the court shall direct, with condition for the faithful performance of said security.

trust, and duly to account, according to law, for all property and funds that may Ibid. $ 16.

have come into his hands. Inquisition and ap- 21. The finding of a person to be a lunatic or habitual drunkard as aforesaid in like effect through any court of common pleas of the commonwealth, having jurisdiction as aforesaid,

and the appointment of a committee by the same authority, shall have the like

the time.

P. L. 595.

the person or es

notwithsta the traverse.

P. L. 595.

Committee to be

person and estate.

Committee of

out the state,

(9) See Dickinson's Case, 1 W. N. C. 96.

Er parte

dith, 14 W. N. C. 188. Commoniealth v. McGinnis, (n) The traverse is a matter of right; but the court 74 P. S. 245. has, nevertheless, a discretion to inquire whether it (k) See Frey's Estate, 3 W. N. C. 371. ought to be granted in the particular case.

(1) The court may appoint a receiver, before the Cumming, 1 DeG., M. & G. 537. On the trial, the return. Ex parte Kenton, 5 Binn. 613. burden of proof is on the traverser; the injunction is (m) No writ of error lies to an inquisition finding prima facie correct. McGinnis v. Commonwealth, 74 a person to be a lunatic, returned to the common P. S. 245. S. P. Commonwealth v. Desilver, 2 Ash. pleas. Ex parte Gest, 9 S. & R. 317. But the pro163.

ceedings are reviewable by certiorari. Common (i) On the trial of a traverse, the question is, wealth v. Beaumont, 4 R. 367. See Tozer v. Saturla, whether the mind is deranged to such an extent as to 3 Gr. 162, as to the effect of an inquisition, not foldisqualify the traverser from conducting himself with lowed up and perfected, according to the statute. personal safety to himself and others, and from man- (n) The committee so appointed is removable by aging and disposing his own affairs and discharging the court, in their discretion, and such removal is not his relative duties. McElroy's Case, 6 W. & S. 451. the subject of review by the supreme court. Black's See Er parte Beaumont, 1 Wh. 52. Commonwealth Case, 18 P. S. 434. V. Schneider, 59 P. S. 328. Commonwealth v. Mere

P. L. 595.

effect, in every other county of this commonwealth, as in that in which the said 18 June 1836 $ 16. proceedings took place.(o)

22. The appointment of any committee, guardian, trustee or the like by any Ibid. & 17. authority out of this commonwealth, shall not authorize the person so appointed,

Foreign appoint. to control the person or estate of any lunatic or habitual drunkard resident(p) inent to have no within this commonwealth, or to interfere with the real estate, situate within this effect within this commonwealth, of any lunatic or habitual drunkard, whether resident within this state. commonwealth, or otherwise.

23. In the case of a person residing out of this commonwealth, and duly found Ibid. § 15. or proved to be a lunatic or habitual drunkard, according to the laws of the place Certified copies of in which he shall reside, it shall be lawful for the court of common pleas of any proceedings of forcounty of this commonwealth, to admit copies of the proceedings in such case, si nu tribunal, too duly authenticated, as sufficient proof for the appointment of a committee of the for appointinent of person or estate of such person, for this commonwealth.

committee here.

P. L. 596,

Duties of commit

IV. Powers and duties of the committee. 24. It shall be the duty of every such committee, within forty days after he 18 June 1836 $ 19. shall have undertaken the trust, to file in the office of (the) prothonotary of the court having jurisdiction as aforesaid, a just and true inventory of all the per- Inventory to be sonal estate belonging to the lunatic or habitual drunkard, so far as the same had filed. come to his possession or knowledge, together with a statement of the real estate; and within forty days after any other personal or real estate shall have come to his possession or knowledge, it shall be his duty to file an additional or supplemental inventory or statement, containing the same: Provided, That in case of the committee of a person found to be a lunatic or habitual drunkard, by any authority out of this commonwealth, such inventory and statement may be of the real and personal estate within this commony

onwealth, of such lunatic or habitual drunkard.

25. The committee of the estate of every person found to be a lunatic or habitual Ibid. $ 20. drunkard as aforesaid, shall have the management of the real and personal estate of such person,(7) and shall, from time to time, apply so much of the income(r) tee of estate. thereof as shall be necessary, to the payment of his just debts and engagements, ($) and the support and maintenance of such person, and of his family, and for the education of his minor children.(1).

26. If the income of the estate of such person shall not be sufficient for the pur- Ibid. $ 21. poses aforesaid, it shall be lawful for the committee aforesaid, under the directions

When principal of of the court, to apply so much of the principal of the personal estate as shall be personal estate necessary for the purpose.

27. It shall be lawful for any committee as aforesaid, by the leave and under Ibid. $ 34. the direction of the court of common pleas having jurisdiction, as aforesaid, to invest the money of a lunatic or habitual drunkard, in such stocks or upon such make investments. security as shall be approved of by such court; and if such investment be made bonâ fide, the committee making the same shall not be liable for any loss that may arise thereby.

28. Every committee of the estate as aforesaid, shall, as least once in three Ibid. $ 40. years, or at any other time when so required by the court, render an account of the management of the property committed to him as aforesaid, including the particu

three years. lars of his receipts and expenditures; which accounts shall be filed in the office of

may be used.

Committee may

To account every

(0) As to prior contracts, the inquisition is primâ son, found by inquisition to be an habitual drunkard, facie evidence of incapacity, from the time the is not thereby deprived of his power to perform the. person is found to be of unsound mind, but it is not office of executor. Sill v. Mekniyht, 7 W. & S. 24. conclusive. Hutchinson v. Sanolt, 4 R. 231. Voel v. The committee may maintain ejectment in his own Karper, 3 P. S. 97. Lancaster Bank v. Moore, 78 Ibid.

name.

Warden v. Eichbaum, 14 P. S. 121.

Or an 407. So, an inquisition finding a person to be an babit- action of partition. Kloks v. Reitsnyder, 61 Ibid. ual drunkard, is only prima facie evidence of want 240. But a suit in equity to set aside a conveyance of testamentary capacity. Leckey v. Cunningham, by a person of unsound mind, must be brought in the 56 P. S. 370. But such person is thereby rendered name of the lunatic by his committee. Arnold v. incompetent, subsequently, to enter into a contract Townsend, 14 Phila. 216. which w bind his estate. Imhoff v. Witmer's Ad- (r) If more be required, it can only be had upon ministrator, 31 P. S. 243. Klohs v. klohs, 61 Ibid. application to the court of common pleas. Hehr v. 215. A surviving partner, who has become a lunatic, Henn, 23 P. S. 416. See Elwyn's Appeal, 67 Ibid. is, notwithstanding his lunacy, entitled, by his com- 367. mittee, to the custoily and control of the partnership (s) The debts of a lunatic are to be paid accordproperty, and may sue for the recovery of a debt due ing to their character or nature at the time of the into the firm. Uberoth v. Union National Bank, 9 quisition. Wright's Appeal, 8 P. S. 57. Beale v. Phila. 8:3.

Coon, 2 W. 183. Eckstein's Estate, 1 Pars. 59. See (p) This means, one who is dwelling, for the time, Steel' v. Young, 4 W. 459. within the state. Er parte Rosenberg, 1 Leg. Gaz. (t) The maintenance directed by the court cannot R. 19. But where proceedings in lunacy are pending be enlarged without its sanction. "Guthrie's Appeal, in another state, a custodian of his property in this 10 P. S. 321. But the allowance for the support of a state will be directed to surrender it to the foreign lunatic, made in pursuance of a testamentary provicourt. James's Case, 39 L. I. 22.

sion, will not be reduced, by reason of a falling off in (9) Where a trust is already created by the luna- the income of the estate: that must be borne by the tic, the committee has no right to the control of the residuary devisees. McCloskey's Estate, 9 W. X. ('. trust property. Wilson's Estate, 2 P. S. 325. See

49. Royer's Èxecutors v. Meirel, 19 Ibid. 240. And a per

P. L. 595.

Of the final account.

When committee of the person to account.

P. L. 81.

13 June 1886 $ 40, the prothonotary of the court, for the information of the court and the inspection

of all parties concerned.(u) Ibid. & 41. 29. And every committee as aforesaid, shall, on the determination of his trust,

by the death of the party, or otherwise, settle in the said office a full and complete account of his management of the property under his care, including all the items

embraced in every preceding settlement.(v) Ibid. § 42. 30. In every case in which a committee of the person of a lunatic or habitual

drunkard, shail be appointed separately from a committee of the estate, such committee of the person shall settle an account of his transactions as such, in the

office of the prothonotary as aforesaid, whenever so required by the court. Ibid. § 43. 31. The several courts of common pleas, and the judges thereof respectively, To be subject to

shall have the like power and authority in respect to the control, removal, disthe control of the missal and discharge of committees of the person or estate of any person found by common pleas. inquisition to be a lunatic or habitual drunkard, as are now possessed by the ser

eral orphans' courts and the judges thereof, in respect to guardians of minors.(w) 22 March 1865 $ 1. 32. The committee of the estates of lunatics and habitual drunkards shall have

the same power, in proceedings for the partition and valuation of real estate, held Powers in parti- by such lunatics and habitual drunkards, which guardians have over the real estate

of their wards, by the existing laws of this commonwealth. 20 Feb, 1867 $ 1. 33. Whenever the estate of a lunatic or habitual drunkard consists of an undi.

vided interest in real estate, whether as joint-tenant, tenant in common or copartner, Committees may

it shall and may be lawful for the committee of such lunatic or habitual drunkard, institute actions of as the case may be, to institute an action of partition, in the court of common partition,

pleas of the county in which such real estate is situated, for the purpose of having the same divided, according to the act of assembly in such case made and pro

vided.(2) 13 April 1868 $ 1. 34. In all cases, where any lunatic and his committee, guardian, trustee or the

like, may both be non-residents of this state, and such lunatic may be entitled to When foreign com- property of any description in this state, such comınittee, guardiari

, trustee or the mittees may re- fike, on producing satisfactory proof to the court of common pleas of the proper

county, by certificates, according to the acts of congress in such cases, that he has given bond and security in the state in which he and his lunatic reside, in double the amount of the value of the property, as committee, guardian, trustee or the like, and it is found that a removal of the property will not conflict with the terms or limitations attending the right by which the lunatic owns the same, then any such committee, guardian, trustee or the like, may demand or sue for and remove any such property to the place of residence of himself and his lunatic.

tion.

P. L. 80.

P. L. 94.

move property from the state.

18 June 1836 § 22.

P. L. 597.

gage of real estate may be ordered.

tion,

V. Of the sale of the real estate of a lunatic. 35. If the personal estate of such lunatic or habitual drunkard shall not be

sufficient for the purposes aforesaid, it shall be lawful for the court of common When sale or mort- pleas having jurisdiction of the accounts of the committee of such person, to make

an order, authorizing such committee to sell at public sale(y) or mortgage, such

parts of the same as the said court shall deem expedient.(2) Ibid. § 23. 36. But no such order shall be inade, unless the application of the committee

for the same be accompanied with: Form of applica

I. A true and perfect statement or inventory of the real and personal estate, so far as the same has come to his knowledge.

II. A statement of the debts due by such lunatic or habitual drunkard, so far as he can ascertain the same.

III. An estimate of the sum that would probably be required annually for his support and maintenance, and for the support and maintenance of his family, and education of his children, if he have any.

Which statements, estimate and inventory shall in all cases be supported by the

oath or affirmation of the applicant. Ibid. $ 24.

37. No order for the sale or mortgage of real estate as aforesaid, shall be granted,

unless it appear that due notice of the intended application was given to the wife, Notice of applica- if any, and the next of kin of the lunatic or habitual drunkard, capable of inherit

ing the estate. Ibid. $ 25. 38. It shall be lawful for the court, upon any application as aforesaid, to appoint

an auditor to investigate the facts of the case, and to report upon the expediency Auditor may be

of granting the application, and if the case shall require it, the amount proper to appointed.

be raised by such sale or mortgage.

To be on oath.

(u) By act 25 April 1850, $ 19, their accounts, and (2) See Klohs v. Reifsnyder, 61 P. S. 240. The 2d all auditors' reports thereon, are to be recorded. See section of this act validates former proceedings. tit. “Records,

(y) A sale works no conversion of the surplus. (v) An appeal does not lie from such settlement. Lloyd v. Hurt, 2 P. S. 473. Dyer v. Cornell, 4 Ibid. Fuchs's Case, 6 Wh. 191. The final settlement is in 363. the nature of a decree in chancery; the balance due is

(2) The court has no power to decree a private sale, a debt of record, to be enforced by the usual remedies. under this act, of a lunatic's property for the payment l'incent v. Watson, 40 P. S. 308.

of his debts or the maintenance of his family, Berto (w) See supra 19, note a.

nett v. Hayden, 145 P. S. 586.

P. L. 597.

sale.

39. Every order for the sale of real estate as aforesaid, situate within the same 13 June 1836 § 26. county, shall specify the property to be sold, the notice of the sale to be given by the committee, the terms of sale, the amount of security to be given by the com- Form of order of mittee, and the day on which the order of sale is to be returnable.

40. Every order for the mortgage of real estate as aforesaid, shall specify the Ibid. $ 27. amount to be raised by mortgage, the property to be mortgaged, the rate of interest

Order to mortgage. to be paid, the amount of security to be given by the committee, and the day on which the order is to be returnable.

41. When the real estate of such person is situate in another county or coun- Ibid. & 28. ties, or in the same and another county or counties, and the court of common pleas

Proceedings where aforesaid shall be satisfied of the expediency of a sale or mortgage of some portion ostate is situate in of such real estate not within their jurisdiction, it shall be lawful for such court another county. to make an order, authorizing such committee to raise so much money as the said court may think necessary, from real estate situate in such county, as they may designate; and thereupon it shall be the duty of the court of common pleas of the county wherein the real estate so designated is situate, upon the petition of such committee, to make an order for the sale or mortgage, as they shall think expedient, of so much and such parts of such real estate as shall, in their opinion, be necessary to raise the specitied sum.

42. The committee shall make return to the court of common pleas of the Ibid. § 29. county in which the real estate is situate, at the time appointed in the order, of the manner in which such order shall have been executed; and the same being in conformity with such order, shall be confirmed by the court. 4:3. But no sale or mortgage of real estate as aforesaid, shall be confirmed by

Ibid. $ 80. the court, until the committee have given security, to the satisfaction of the court, for the faithful application of the proceeds of such sale or mortgage, according to Security to be first the duties of his trust.

4. On the return made of any sale or mortgage as aforesaid, if the same be Ibid. $ 31. confirmed by the court, the committee shall execute such deed of sale or mortgage Committee to exeas may be according to the terms of the contract; which deed, so executed, shall cuto deed, &c. be effectual to convey or mortgage, as the case may be, all the right, title and interest of the lunatic or habitual drunkard, according to the terms of the contract as aforesaid.

45. If the committee in such case shall die, or froin any cause, or in any man- Ibid. & 32. ner, become incapable of executing such deed, it shall be lawful for the court, on

In case of death, the petition of the purchaser or mortgagee, to direct the prothonotary of the court &c., of committee, to execute and deliver to the purchaser or mortgagee, the necessary deed, on his prothonotary to paying into court the money otherwise payable to the committee as aforesaid, and execute deed, on in other respects complying with the terms of the contract; and the deed so exe- court. cuted by the prothonotary shall be as valid and effectual, to all intents and purposes, as if executed by the committee aforesaid; or in any case as aforesaid, if a Court may direct new committee shall have been appointed, and given security according to law, it new committee to shall be lawful for the court to order the deed to be executed by such new committee, on the payment to him of the purchase or mortgage money, and the performance of the terms of the contract as aforesaid.

46. The like proceedings may be had if any committee as aforesaid shall neglect Ibid. § 33. or refuse to execute any deed of sale or mortgage as aforesaid, without sufficient Like proceedings cause shown for such neglect or refusal, after due notice to such committee of the in case of refusal application as aforesaid.

47. It shall and may be lawful for the court of common pleas of any county of 16 April 1949 $ 1. this commonwealth having jurisdiction of the accounts of the committee of any lunatic or habitual drunkard, upon the application of such committee, and due court may authorcause shown, to authorize such committee to sell and dispose of any wood or tim- ize sale of timber. ber growing or standing upon the lands of such lunatic or drunkard, with the privilege to the purchaser or purchasers of entering thereon to cut and carry away the same, or to authorize such committee to cut the same and dispose thereof when cut, whenever in the opinion of such court the conversion of the same into money, in either of the modes aforesaid, will be beneficial to such lunatic or drunkard, or to his or her estate; and to order that the proceeds of such sale or sales shall be expended upon and in improving the real estate of such lunatic or drunkard, or shall form a part of his or her personal estate, as if originally a part thereof; and in all or any of the cases aforesaid, to require security for the due application of such proceeds, as such court may in its discretion require.

48. It shall be lawful for any person whose wife or husband, being non compos 11 April 1866 $ 1. mentis, and seised and possessed of real estate in his or her own right, to sell, mortgage, lease for years, and convey upon ground-rent, the same or any part thereof, Courts may auunder the direction of the court of common pleas of the proper county, whenever it thorize sales, &c., shall appear to the said court that the wife or husband is non compos mentis, and read feststein that it is the interest of the owner thereof that the same should be sold, mortgaged, wife is a lunatic. leased for years and conveyed on ground-rent, as aforesaid : Provided, however, Where said husband or wife has no estate in his or her own right, or one inadequate to his or her support, it shall be in the discretion of the said court, by their order and decree, to make a reasonable provision for his or her support and main

execute.

to execute.

P. L. 663.

P. L. 780.

P. L. 780.

11 April 1866 $1. tenance out of said rents, or proceeds of sale or mortgage, so long as he or she shall

continue non composmentis : And provided further, That such sale shall divest such premises from any estate or claim of dower, and estate as tenants by the curtesy.

P. L. 599.

Decree to be recorded.

VI. Of the contracts of a lunatic. 13 June 1836 & 35. 49. Whenever any person shall, by a bargain or compact in writing, bind him

self to sell and convey any real estate within this commonwealth, and afterwards How contracts for shall become a lunatic or habitual drunkard as aforesaid, and shall be so found by sale of land en- an inquisition as aforesaid, being seised or possessed of such real estate, it shall forced.

be lawful for the committee of the estate of such person, or for the purchaser of such real estate, or other person interested in such contract, to apply, by bill or petition, to the court of common pleas having jurisdiction of the accounts of such committee, setting forth the facts of the case, and after due notice of such bill or petition to the purchaser, or to the committee and next of kin of such lunatic or habitual drunkard, as the case may require, to appear in court on a day certain and answer such bill or petition, if there be cause; such court shall have full power, if the facts of the case be sufficient in equity, and no sufficient cause be shown to the contrary, to decree the specific performance of such contract, according to the true intent and meaning thereof : Provided, That either (of the) parties, when

facts are controverted, may require a decision thereon by a jury. Ibid. $ 36.

50. The order or decree of the court of common pleas for the specific performance of any such contract, in the cases hereinbefore mentioned, being certified by the clerk of such court, under the seal thereof, may be recorded in the office for recording of deeds in the county where such real estate is situate, in like manner

as deeds are recorded, and with the same effect. Ibid. § 37. 51. When such order or decree for the specific performance of any such contract

shall have been made and the purchase-money paid, or secured to be paid, accordCommittee to exe

ing to the terms of such contract, it shall be the duty of the committee aforesaid to execute such deed of conveyance as shall be directed by the court, in conformity with the intention of such contract; and the same being so made shall be of the same force and effect to pass and vest the estate intended, as if the same had been

executed by a person so contracting, when of sufficient ability. Ibid. $ 38.

52. The like proceedings may be had in all respects, whenever any parol con

tract shall have been entered into by any person who shall become a lunatic or When parol con

habitual drunkard as aforesaid, for the conveyance of real estate within this commonwealth, of which such person shall he seised or possessed at the time of the inquisition, in all cases where such parol contract shall have been so far executed

that it would be against equity to rescind the same. Ibid. $39. 53. Whenever any person shall have contracted as aforesaid, for the purchase of How contracts for any real estate within this commonwealth, and shall afterwards, and without harporchase of land

ing executed such contract, become a lunatic or habitual drunkard, and be so found as aforesaid, it shall be lawful for the court having jurisdiction as aforesaid, on the application of the vendor, or of the committee, or of any person interested in such contract, in the manner hereinbefore provided, to make such order for the performance of the contract as shall be according to the rules of equity and the terms of such contract; or on the application of the committee, or other person interested, made as aforesaid, and with the assent of the vendor, to make a decree for the rescinding of such contract, if such proceeding shall not be disadvantageous for the estate of such lunatic or habitual drunkard, upon such terms as shall be equitable and just; and the like proceedings may be had upon any parol contract, made as aforesaid, and so far executed as that the same may be enforced, according to the rules of equity.

cute deed.

tract to be enforced.

enforced.

VII. Proceedings in civil actions against lunatics. 13 June 1886 $ 44, 54. No person, found by inquisition to be a lunatic, shall be liable to arrest or P. L. 601.

imprisonment, upon mesne or final process in any civil action, (a) so long as such Lunatics not to be liable to arrest.

person shall remain of unsound mind.

55. Every writ for the commencement of an action, against a person found to Ibid. $ 45. Writs to be seryed be a lunatic as aforesaid, shall be served on the committee of the estate of such on committee. person,(6) or upon the committee of the person, if there be no committee of the

estate; and proceedings may thereupon be had, in like manner as if service had

been made upon the defendant, being of sound mind.(c) (a) Or for taxes, by act 15 April 1834, $ 45; see tit. Estate, 1 Pars. 59. Harmstead v. Kingsley, 3 16.1.C. Taxes."

61. Nor, in an action by the committee, can the defend(6) Before the writ issues, there should be a sug- ant set off a debt due by the lunatic to him. Bealer: gestion on record of the inquisition of lunacy; and of Coon, 2 W. 183. Judgment for want of a sufficient the name of the committee. Hulings v. Laird, 21 affidavit of defence, will not be given, in a suit on & P. S. 265. (c) The plaintiff cannot proceed to levy an execu

purchase-money mortgage, where the mortgagor bas tion on the property of the lunatic in the hands of his though no fraud be alleged against the vendor. Phila

been found to have been a lunatic prior to its date, committee. Wright's Appeal, 8 P. S. 57. Eckstein's delphia Trust Co. v. Kneedler, 12 Phila. 421.

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