The Express.
London, England, 1852-03-29 00:00:00

Raw inteutetnce.

EQUITY

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rim UN, le., cud Wa 1, lbswor bat CV. Aim Leer lluswasni.

ar CONNING'S LUXACT.-RIOUT TO MATSUI

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TION.-COSTS.-JUDOISIDIT.

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This was an application on the part M Mrs. Cumming for
leave to traverse the inquisition under which she haa n-
cently been declared to be of unsound mind. The simple
question involved is the legal one, whether a penes head
lunatic by inquisition may Warne as a matter of tight.
The questien wee very learnedly argued by Mr. Bothell.
Mr. Roundell Palmer, and Mr. Southgate on behalf of the
petitioner; and by the AttorneyOrnetd and Sir W. Pp
Wood (only part heard) on Wednesday week. A statement
of the argument was given in the Daily News of the fol-
lowing day.
Mrs. Cumming wee in attendance in the Lord Chancellor's

private room.
Sir W. rage Wood was now heard in continuation of his
argument against the right of the petitiouer to traverse.
Lord Eldon, in the case of Ludlam, rescinded the order
to traverse 00 the affilavit of the medical attendant that
the petitioner was a raving madman. In the case of
tiaumarez, cited briefly in the ease of "Ex parte
Bridge " (Craig and Phillips, 338), already cited in
the course of this argument, Lord Eldon, after considering
many affidavits, refused leave to traverse. In that else, the
petition proceeded from the lunatic and his wife. As re•
spitted the weight of auth • referred to as the point of
the right to traverse, the facts stood thus: Lord Hardwicke
twice, in the case of Roberts (3 Atkima, 308) and Barnsley
(3 Atk. 184), decided that the traverse was not • matter of
right. Lewd Thurlow, in re Fun (1 Cox, 418), held that it
wee in the discretion of the Lord Chancellor to grant leave;
and this view was also taken by Lord Keene. It was not
contended, on behalf of the present petitioner, that the right
was absolute, bat only discretionary; that is to say, that
there was a right of traverse, subject to the Lord Char
cellos, being satisfied that the applicant was eapab:e of ea rd
of volition. The lunatic would, therefore, he the wady per
son to satiety the court on that point. lint the ds rams.
of the inquisition was to show that the psaltiamee tiM Me
capable of exercising a sound act of minis% sail MO OMR
would be liable, perhaps, to be impeseB epee by kereleil
parties. Before the late Lord Coalmines's &ebbs k Zs
parte Bridle.", the. authorities wen all against the shift
right to traverse. Lord Cottenham decided that cam mike
the impression that Lord Eldon had leant to the egiwiee
that traverse was of right. But from the examination
which had now been made of the facts, in the cam of Sim-
mons, it was clear that this was not so. The Act 6
Geo. IV. e. 63, made the exercise of the power
to grant traverse, discretionary in the Lord Chancellor.
It was thereby expressly provided that the eoart should
" bras sad determine" the application, and it must Maar
quentli, therefore, be a discretionary power in the court. A
discretion bad always been exercised, and prior to the
enactment of :land 3 Edward VI. e. 8, extending the right
of traverse to eases of lunacy, the court inquired IMIS the
title of the applicant to traverse an inquisition. ibid.
the court now affirm the absolute right, then it weell be
depriving persons suffering under insanity of a very asese-
eery protection, and the court in granting an applieads• of
this nature would descend from its judicial position to one
simply ministerial.
Mr. Ruh was also on the OM* side, but intimated that he
did not intend to tremble the court.
The Lord Chancellor asked how many counsel were on
each side.

---
/dr. Rolt said there were three to support the petition
and 8•e to oppose.
The Lord Chancellor remarked that as the property was
- -

mi7lnanll, se great an expense should not have been in.
served. Two camel on eseb side would have been enough.
11,. Rolt explained that it was uncertain whether the
esemement. of the Attorney-General and his own would
enable them to attend. It was, therefore, neceseary to
retain the services of other counsel.
Mr. Petersdorff, of the common law bar followed, on the
Name side, and submitted that at common law them was no
absolute right of traverse. It was discretionary in the court
to traverse • coroner'. inesisitioa, sod in seeking to tru
verse an inquest of outlawry the court nitsithe satisfied that
there an good grounde. If the power in the evert was
merely ministerial, Barely then in case of a retinae of
traverse the penes aggrieved would conetitutimally have a
right to seek redress by mandamus or otherwise. But no
such proceeding was ever heard of The right to habeas
corpus was one of the most absolute rights possessed by Os
subject ; but even there the court must be satisfied that
there is proper ground for issuing the writ. It was adi.
milted that in practice notice of • petition to traverse mast
be served on the parties interested. If the right were •
matter of course then what we. the object of that pro
ending ?
Mr. Morris was on the eine Bide.
11,. Bothell, in reply, submitted that there bad bees
moth misapprehension of the eassaing of the natal's. By
the commas law efliaglued, whenever the king's title need
en reseed ea ea elks found, there was se remedy for the
esteinet teat to preseed Silber by moastreas de droit or by a
putties of right. But the 34 sad 36 of Edward 111. Nave
right of traverse • the right, however being eselosively
earache' to the ere of lands seised to,the use of the king.
Them was no etatetable right to traverse till 2 and 3 Rd-
weed VI., e. t. Them with names to the 6of Oeo. IV., c.
63, it had been asked en the other des why, if
atom was no Macronsn la the eoart, the heir at
law and sett of his were served with the petition, apply.
Yf+hr leave el reverse l It was sot served on them sa
tide oirseafte al heir or neat of kin, bat as parties inte-
gre:Lit ?di Met any if they had had the carriage of the in-
ns latter statute was based en the act of Rd-
ward VI., mod the discretion which it ere wee only with
the view to MEM the time within which temeiress should be
gessesseed. In es sem of Whoa se lash naked es the
aim side, it wet des* eipprea thee the bathe wee sot
math et real ranee. big era these the sent mph
penibly have may resolved the madavit es verses is
=s r* Ithatie woo really the petitioner. tb•
ia "Be paste isamares " sal y
_west the
Wipe of eartag that a potties might be roamed es the
WMa the petitions" was set the press inektag the
et anosee. This was INN thirty appear be Tears
asp them dr selealeppleast was the wih, ad there
wee • deals raised as se the haat, of the marriage. la
Baliert's ems, the order was made under special cream-
Mesa with the view to save ,sans; end with respect to
the ether watarities end, the based UMW, la • most
elm eray mthibilles at horeaste_ parer is beinkleg dews an
Tsewee trM=llmeetemdelesterd Mat the trees= bed been
be as • molter of *IA.
Lord Chaseller sad, the winos behre the
seat woe of peat impareee, and might be re-
ss 4b
• eanseitillonal ORS 14 havorree, really
lt • very small eseepa. T eseseiss de-
ea the esensation et the Saar It 3
e. tt, and le MO
thi* enact words of Mat .......d-PacTrzzr=
that it may pram be es shell Is early herd loathe,
idiot, or deed, reetelpizerearia_ perm se aspired by
any wail 'Mee sr OA and mai haw Ye earl
their tesemee is rat seas imasthilein, se ash at the es
ths elassowes, asa eeled le Mg aria, ad bre Mks
eeladvathme as is ether ewes of traveziem
=hue Imphass heed. U. bed sew to easwelor
biers prase • traverse, the seer bed se eater into dm;
whim ere Mon the jury, glide_ In the meant one had
sesimisd an et thead =o. Oar lawahr o
arms the laid
Igazzeet 111 this ea ths pethisa f the oid
Metre te_ thaw el slime beton eseheatan
three Math edgy te Imml, end la names between
the kiss sad hie amblers, they bad se bowleg ea this
=s. Them weeds of the swear sap es sod mom
ithe the right of Ms.. ahe Poem of the
peers award
ag whoa sea* hest baths The wee
est • malt a Asia
et It pm art tke
parer et weemist res diten
tbes peemedel to review the asothallse Mel le the swat
of the segithea. In the rem 'sealed by Lind
the mean leaemehmese et sate INN pea itirra
reseed se allasse the mind td that lathed page more
tam is them dished by his SIIIIONOML Bet thin the sae
ease he wadi Lied Budwisk bed teseal laterse m •
mane eimaile; he there the names the Weed at the
Masa the latentmiles eggs meth sad
• th'sairthemeller la se wa haehreil le pees in *Mbar
pialsoillsw Bet It might be seed, why, the earths
sow to the MIN IMMO lossmits pier le t
ethamest w 6 Char IV. P Bess swift that *on
gm ill ISINPOIS he SS smith, yet the meet bele absteed
with the mite elf lermam se handy Isseleithabs who tar
thered tenses senmst meld briny lOWA le be slimed
mom is the traveres. It was sot = gull
Cslldrib the asse, as they were
as W Lied Coalman is " pots ridme.
Lied Throthrth n woe tree, lisa pee at ksphda Asses
Nis. alibi 61"1-8.4APrismil arbils wall twee wee
mat etimeri ova leis wiry chandelier dose blelarethp's
lime who bad been le express es aphis*, bed beld a
thallesta view. sh tees Oa era ad
err spa see Ned see ihs main en-
mom woe ay had orir • ma ea therirk ;
eatts- Mrs awe (3 Teem, Jas.) ail thee the ter
110 polibsol is the proem had hada bet estomied
Ohl parties bar* rarest : sad era whoretsititerz
Mei we mob by a straw at henna IS IN is
Warr* sem (4 en's the Otermthhr ad ass
warn sea •pa • t, but merely thared thin the
popop wad aped sedi applicant= with Imam Lord
imam la ?arse's ere, was ales opthist tharar of
lee bloom bsig sfslght. Lewd Mdse, r thud,' m-
arked, bad his mules seer ad eve.=
Lea Lysthisat
and
sews Idled es to say
IS the plea and Lad thatheas sot
Wlopals& Lord thetisbam ha i• part= "
am/ sag the stint, sad lad Tamp le