1. These Rules may be cited as the Rules in Lunacy, 1892. 2. These Rules shall come into operation on the 1st of March, 1892, and as from that date the Rules in Lunacy, 1890, and the Orders in Lunacy of the 5th of March, 1891, and of August, 1891, shall be annulled. 3. Pending proceedings shall be carried on according to the provisions of these Rules, so far as possible, and subject thereto according to the practice heretofore subsisting, and in case of doubt as to the mode of procedure, in such of those modes as the Masters direct. The provisions of these Rules shall be subject to variation by special order in any case, and shall apply only where no express directions are given by any special order concerning any of the matters provided for in these Rules, or so far as such directions do not extend. In all matters not provided for by these Rules, the mode of procedure heretofore in force shall continue to be followed. 4. Where in any order the time for doing any act or taking any proceeding is limited by months, and where the word "month" occurs in any document which is part of any legal procedure under these Rules, such time shall be computed by calendar months unless otherwise expressed. 5. Where any limited time, less than six days from or after any date or event, is appointed or allowed by these Rules or any order for doing any act or taking any proceeding, Sunday, Christmas Day, and Good Friday shall not be reckoned in the computation of such limited time. 6. Where the time for doing any act or taking any proceeding under these Rules or any order expires on a Sunday or other day, on which the offices are closed, and by reason there of such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. 7. In any case, in which any particular number of days, not expressed to be clear days, is prescribed by these Rules or any order, the same shall be reckoned exclusively of the first day, and inclusively of the last day. 8. The Judge in Lunacy (in these Rules called the Judge) and the Masters may enlarge or abridge the time appointed by these Rules or fixed by any order enlarging time, for doing taking any proceeding, upon such terms (if any) as the justice of the case requires, and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed. any act or 9. The forms in the Schedule may be used, in the cases in which they are applicable, with such variations as the circumstances require. The Masters. 10. The Masters may make orders as regards administration and management, and they 11. Any person affected by any order, decision, or certificate of a Master may appeal therefrom to the Judge without a fresh summons, upon giving notice of appeal within eight VOL. 61.-ORDERS AND RULES. A* Lunacy Rules, 1892. days from the date of the order, decision, or certificate complained of, or such further time as may be allowed by the Judge or Master. The notice of appeal shall be given to the persons, if any, interested in supporting the order, decision, or certificate, and a copy thereof shall, within the aforesaid period of eight days, be left at the Masters' office, and the Masters shall thereupon bring the matter before the Judge. 12. The Masters may communicate personally with the Judge, with regard to any matter pending before them, when any point appearing to them to be novel or difficult arises, and they shall, when requested by the Judge so to do, attend to give any information or assistance he may require. 13. Such one of the Masters or their clerks as the Masters, with the concurrence of the Lord Chancellor, direct, shall attend in Court upon the hearing of any application, and shall take a note of the order made by the Court. 14. The Masters shall inquire into the circumstances of any delay in the conduct of proceedings before them or in proceeding upon their orders, certificates, and directions, and for that purpose may call before them all parties concerned, and may certify accordingly where it seems to them expedient. 15. Wherever the Masters are referred to in these Rules, they shall be deemed to be referred to jointly and severally, and everything to be done by or before the Masters may be done by or before them or either of them, but all applications relating to the same person or his property shall, so far as convenient, be dealt with by the same Master. Mode of Application. 16. Applications for an order for inquisition, except in cases under section 100 of the Lunacy Act, 1890, shall be made by petition. The petition shall be signed by the petitioner and attested by a solicitor. 17. Applications for a traverse and for a supersedeas, and applications under that portion of the Lunacy Act, 1890, which relates to "Vesting Orders," shall also be made by petition. 18. Every petition for an order for inquisition, for a traverse, and for a supersedeas, and the evidence in support thereof, shall be filed in the Masters' office, and shall be brought before the Judge without previous consideration by the Masters. 19. All other applications under the Lunacy Acts, 1890 and 1891, or under those Acts and also in the Chancery Division, shall, unless the Judge or Masters shall in any particular case otherwise direct, be made by summons at Chambers before the Masters. 20. In all cases in which the Judge has, under the Lands Clauses Acts, the Settled Estates Act, 1877, the Settled Land Acts, 1882 to 1890, or any other enactment, jurisdiction to make an order upon petition affecting the property of a lunatic, the application for the order shall, unless the Judge or Master in any particular case otherwise directs, be made by summons at Chambers before the Masters. 21. If in any case, in which the application is not by these Rules or by the Judge or Masters directed to be made by petition, a petition is presented without the direction of the Judge or Masters, no further costs shall be allowed than would be allowed upon a summons. 22. All applications, except those by these Rules directed to be brought before the Judge without previous consideration by the Masters, shall be considered by the Masters, and, if the application does not relate to administration and management, the Masters shall prepare the minutes of such order, if any, as they think should be made, and shall bring the application with the evidence and the minutes of the proposed order before the Judge. 23. All matters, which require to be brought before the Judge, shall be brought before him out of Court. The Judge may make an order upon any summons or petition without attendance of counsel, solicitors, or parties, or after such attendance, or may adjourn the summons or petition into Court, or refer the same to the Masters for inquiry, or further inquiry, upon any matter. Any matter may be adjourned from Court for consideration by the Judge out of Court. 24. The Judge and Masters respectively may direct any person to be served with notice of any application, and may dispense with service on any person. 25. Every application by summons to be brought before the Judge shall be brought before him upon the original summons, and until the application is finally disposed of, it shall not be necessary to issue any further summons upon any appointment. Where an application by summons is directed to be served on any party, it shall not be necessary to issue a fresh summons, but the original summons may be served with such amendments (if any) as the circumstances require. Lunacy Rules, 1892. The Inquisition. 26. The notice to an alleged lunatic of a petition for an order for inquisition shall be by service on him of a copy of the petition, with a notice thereon endorsed signed by the petitioner or a solicitor. Such notice shall be in the Form 5 in the Schedule, or to that effect. 27. The notice to an alleged lunatic of a report of the Commissioners under section 100 of the Lunacy Act, 1890, shall be in the Form 6 in the Schedule, or to that effect. 28. No order shall be made upon any such petition or report until after the expiration of seven clear days from service upon the alleged lunatic of notice of the petition or report. 29. Such notice shall be served on the alleged lunatic by being delivered to him personally, or where personal service cannot be effected or is inexpedient, then by being delivered to some adult inmate at the dwelling-house or usual or last known place of abode of the alleged lunatic within the jurisdiction, and an affidavit of service, stating particularly the time, place, and mode of service, and where there has not been personal service, the grounds of such service not having been made, shall be filed with the Masters. 30. An alleged lunatic may either by notice filed with the Masters at any time before the consideration of the petition or report, or by himself, his counsel or solicitor upon such consideration, demand an inquisition before a jury. A notice demanding a jury shall be signed by the alleged lunatic and attested by a solicitor. Proceedings after Inquisition. 31. Subject to the provisions of these Rules as to enquiries respecting the next-of-kin and heir-at-law of a lunatic, the party having the conduct of the proceedings shall, immediately after inquisition found, take out a summons to enquire into the matters following: (a.) The lunatic's age, position in life, and residence. (b.) The nature of his lunacy. (c.) Who are his next-of-kin and heir-at-law. (d.) Who ought to be appointed committee of his person and his estate. (e.) Of what his property consists, and the particulars thereof. (f.) The amount of his income. (9.) In what manner, and at what expense, and by whom, and where, he has been maintained; what should be allowed for his past maintenance, what, if anything, is due, and to whom, in respect thereof, and to whom and out of what fund the same ought to be paid. (h.) What should be allowed for future maintenance, when the allowance ought to com mence, and out of what fund it should be paid. 32. The Masters may make such order on the summons in the last preceding Rule mentioned, as they think expedient. 33. The Masters may, when it seems to them expedient, enquire what undisputed debts (if any) are due from the lunatic, and to whom, and whether the same or any of them ought to be paid, and out of what property, and they may make orders for the settlement or payment thereof and for the compromise of any disputed claim against the lunatic or his estate. 34. The Masters may make such enquiries as they think fit respecting any dealings with the lunatic's estate and the application of the same prior to the date of the inquisition, and respecting the state and condition of the lunatic at the time of such dealings, whether a summons for any such enquiry is pending before them or not. 35. The Masters may enquire whether any person resident out of the jurisdiction has by the law of the place where such person resides been found or declared a lunatic, and whether his estate or any part thereof has been vested in a curator or other person appointed for the management thereof according to such law, and whether or not any property within the jurisdiction is vested in the lunatic, and what is his interest therein. 36. Where an order is made exempting the property of a lunatic from payment of fees, the Masters shall not, during the continuance of the exemption, enquire respecting his nextof-kin and heir-at-law, unless they think it expedient. 37. The Masters may in any case defer an enquiry respecting next-of kin and heir-at-law, or carry on the enquiry to such limited extent only and under such restrictions as they think expedient, and they may direct that persons claiming to be next-of-kin or heir-at-law be left to make out their claim at their own expense, and may in any case, if they think it expedient, wholly dispense with the enquiry. 38. Where the Masters are of opinion that it is expedient that strict proof of pedigree should not be gone into, they may dispense with the same to such extent and in such manner Lunacy Rules, 1892. as they think fit, and may require and receive such evidence as they think sufficient respecting the family and next-of-kin or heir-at-law. 39. The Masters may dispense with and disallow the attendance on the proceedings of the heir-at-law or of all or any of the next-of-kin, either wholly or except at their own expense, or except upon special leave first obtained, and such notice only of attending the proceedings shall be given as the Masters shall direct. 40. Subject to the provisions of these Rules, the Masters shall once in the matter of each lunatic so found by inquisition, and may as often as they think it expedient, determine which, if any, of the next-of-kin, and what other persons, if any, are to attend the proceedings or any particular proceeding, and only those persons (if any), to whom the Masters have given leave to attend, shall be entitled to notice of or be allowed to attend on any proceeding at the cost of the estate, except by special leave first obtained. 41. Where an infant, being one of the next-of-kin, has no guardian, the Masters may appoint a proper person to be his guardian for the purposes of the lunacy, and the person so appointed shall have the same powers, authorities, and discretion as a guardian ad litem appointed by the Chancery Division of the High Court. The Masters may revoke any such appointment and appoint another person to be guardian. 42. The Masters, if it seems to them expedient, may consolidate and carry on together similar proceedings before them in the matters of several persons being members of the same family, and may in any case use in the matter of one member of a family evidence filed in the matter of any other member of the same family. 43. The Masters may direct that several parties, appearing before them by different solicitors, shall appear by the same solicitor, or that several parties, appearing before them by the same solicitor, shall appear by different solicitors. Where parties, directed to appear by the same solicitor, cannot agree upon the solicitor to represent them, the Master may nominate the solicitor; and if any of such parties insist upon appearing by a different solicitor, he shall do so at his own cost. 44. The Masters may receive any deed or security belonging to a lunatic, and may by order or certificate give liberty for payment or transfer into Court of any money or stock belonging to a lunatic. 45. Any person, in whose custody or control any testamentary paper of the lunatic is, shall be at liberty to deposit the same in the office of the Masters upon oath, as they may direct, there to remain for safe custody. 46. On the death of a lunatic or a supersedeas being issued, the Masters may make an order for payment, transfer, or delivery of any funds in Court belonging to the lunatic or any documents or effects relating to or forming part of his estate, deposited in their office for safe custody, to the person entitled thereto. 47. The Masters may, on being satisfied of a lunatic's death, open and read any document deposited with them purporting or alleged to contain any testamentary disposition made by him, for the purpose of ascertaining who is therein nominated executor thereof; and whether any direction is contained therein concerning his funeral or place of interment, and may deliver the document to the proper officer of the Probate Division to be dealt with according to law. Applications as to Property of Persons of Unsound Mind not so found by Inquisition. 48. In the case of applications respecting the property of any person of unsound mind not so found by inquisition, seven clear days' notice of the application shall be given to such person by service on him of a copy of the summons, with a notice indorsed thereon signed by the applicant or a solicitor. Such notice shall be in the Form 8 in the Schedule, or to that effect, and shall be served in the manner in which under these Rules notice of a petition for an order for inquisition is to be served. The summons shall be returnable not less than seven clear days from its date. 49. An affidavit of service stating particularly the time, place, and mode of service, and, where there has not been personal service, the grounds of such service not having been made, shall be filed with the Masters. 50. The person so served may file a notice of objection to the application. 51. The Masters may, if they think fit, dispense with notice to such person of any application after the first. 52. For the purpose of any application before the Masters relating to the property of a person not found lunatic by inquisition, the Masters may, if they think fit, visit such person, or require him to be produced before them as they direct. |