The Sun.
London, England, 1837-06-05 00:00:00

LAW INTELLIGENCE.

t)-1?t Vith\tatitt iutr
IN ht ALLV6ii ielt+A;
In this Oast? thu neiinei was of un-
nund and incapable of managing his lands and goods,
but that he was capable of taking care of himself. An ap-
plication Was itittle litash the injuncti?n on the ground
that this finding attiounted to ri dcelaratitin that thc pat-
scin *as not a lunatic. His Lordship thought, howeter,
that it *as ttieiblk d HilsbaiiiagN and, kqUesOon then arose
whether there could be anew conitniggion without ti ffttli
petition. The matter stood over for inquiry.
His LORDSHIP now said the secretary had searched, and
there seemed to be several precedents for a new commis-
sion without a fresh petition.

IN RE I'ERRIOR.
The SOLICITOR-GENERAL applied to the Court to su-
persede a commission of lunacy issued against Miss Mary
Ferrior, of Haverfordwest. Within the last twenty-seven
years she had suffered from three attacks of delirium, the
last of which commenced in October, 1835, and continued
with very little cessation till July, 1836, when she
began to recover. The commission of lunacy was is-
sued in July 1836, but the inquisition took place on
the 9th and several following days of September, in the
some year, at which time Miss Ferrior had recovered ;
but the Jury returned her of unsound mind, enjoying
lucid intervals. Miss Ferrior had been examined
in person before the Commission, and the evidence
of several persons showed that at the time of examination
she was perfectly sane ; all that appeared singular was,
that, without any reason, she had cried out—" Who au-
thorised the dairymaid to flog me ? She flogged me with
a deal board for half an hour by the clock." This, how-
ever, was accountable for owing to the ill usage she had
met with during her confinement in the madhouse. Upon
the Barrister Commissioner summing up the evidence, he
had stated that a lunatic, according to Blackstone, meant
one who had had understanding, but had become insane—
very often subject to lucid intervals, depending sometimes
upon the changes of the moon. The evidence of the sur-
geons went to show that her insanity was owing, in a great
measure, to a confinement of the bowels, for that at times
a fortnight would pass without their being relieved, which,
it was stated, would cause inflammation, and from thence
lead to insanity. Affidavits were also produced to show
that since the inquisition had been taken, she had remained
in a perfectly sane state.
Mr. WIGRAM contended, on the opposite side, that as
Miss Ferrior always requirsd to be reminded of the neces-
sity of taking physic, it could not be granted that if left
herself she would remain in a sound state of body or mind.
The LORD CHANCELLOR said, that there was no evi-
dence to show that she was insane at the time of the com-
mission of lunacy taking place. His Lordship said that it
was better for the parties to satisfy themselves by appoint-
ing their own surgeon, to save expenses, for otherwise, if
he superseded the Commission, another might be applied
for, and if he should continue it a traverse would ensue.

COURT OF KING'S BENCH, JUXE 3.

LORD EGREMONT V. SAUL.

Lord DENMAN delivered judgment in this case, which
had been argued some time ago. The question was, whe-
ther the plaintiff was entitled to certain tolls of a market.
There was proof of the grant of a market to the ancestor
of the plaintiff, and the grant stated the King "concessisse
et confirmasse," and the word by which the tolls were sup-
posed to be mentioned was consuetudines. It was consi-
dered probable, and had been so argued, that the words
first referred to might mean a confirmation, in which case
consuetudines would clearly be suflic►ent to convey the
tolls, but the Learned Judge who tried the cause (Lord
Abinger) had gone further, and he had stated it as his
opinion, that in the creation of a new right that word might
mean the same thing. It was possible that the Jury who
gave a verdict for the plaintiff, might have done so upon
this direction of the Learned Judge in point of law. With
all possible respect for the Learned Judge, this Court had
thought it right to pause upon this rule laid down in his
direction, and to examine the authorities on which it was
founded, and no instance had been found in which the
consuetudo, in an original grant, had received such a mean-
ing. The verdict, therefore, given for the defendant in this
case could not stand, but the rule for setting it aside must
be made absolute.