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Lunatic

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

^ One who has had understanding, but by disease, grief, or other accident, has lost the use of his reason. One that has " lucid intervals," ^ q. v. A person who sometimes has understanding and sometimes not.* In the Revised Statutes, and in any act or resolution of Congress passed since February 25, 1875, " insane person " and " lunatic " includes every idiot, non compos, lunatic, and insane person.* Lunacy. Insanity; in particular, acquired as opposed to congenital insanity. ^ Commission of lunacy. Authority in writing, from a court, to inquire into the mental condition of a person alleged to be of unsound mind; an Inquisition de lunatico inquirendoJ A lunatic has nothing which the law recognizes as a mind; has no niental conclusions; cannot discern between right and wrong; can assent to nothing. He is not capable, therefore, to make a will, a contract, or to commit a crime; and is incapable, also, to avoid a contract.8 While a person of unsound mind remains a minor, an ordinary guardian is all the custodian of either his person or estate that is necessary; and an act done by such guardian in relation to his estate is as valid as if done by a committee appointed to take charge of him ■ and his estate, as a pferson of unsound mind.^ By the common law, a lunatic must make compensation to persons injured by his acts, although, being incapable of criminal intent, he cannot be indicted i and punished."

See Committee, 1; Insanity; Stultify.