The Sun.
London, England, 1818-08-11 00:00:00

lISBEAS CORPUS.-LUNACY.

This was a ease of some interest, as affecting-a
Gentleman confined as a lunatic ; and it was sub-
stantially thus:—About a fortnight hack, a peti-
tion was presented in behalf of a person in York-
shire, confined under a commission of lunacy,
praying that the Court would grant a writ of
Habeas Corpus to bring him up for examination,
he being, as the petition set forth, sana mente.
\Viten the case was previously mentioned, Sir S.
Rootilly stated, that the petitioner had been in-
duced to come up to London for the purpose of
treating with a bookseller for the publication of
a religious treatise tvhich he had written, whkii
he was taken up and confined as a lunatic by his
own son. Applicatioo was soon atter made io his
behalf, first, to Mr. Justice Abbott; then to Mr.
Justice Holroyd ; and, in the third instance, to
11Ir. Justice Bayley, while he was at the Lite A.
sizes at York, for a writ of Habeas Corpus, but
without effect. The last Learned Judge, upon
'reading the affidavits, felt some difficulty in de-
termining how lie should act, but at length de-
clared, that the affidavits did not sufficier.tly cot:-
vince hitn of the propriety of granting the writ,
intimating, at- the same time, that the case might
be referredta a:higher tribunal. It came in con-
sequence before the Lord Chancellor, as men-
tioned already, and his Lordship then expressed a
doubt whether the person who held the Great Seal
could properly interfere after a Judge of Assize
had giten such an.opinion as that which proceeded
.from Mr. Justice Bayley. lie was desirous, how-
ever, t(*) be informed whether any new matter was
commitnicated in the affidavits since they were
before that Judge,, for lie well knew that learned
person would have bestowed on them the most
earnest attention. Upon learning that nu new
allegations were made, his Lord.ll;p said, that
anxious its be always will to extend for a proper
purpose the salutary benefit of Habeas Corpus, he
should carry. those altidasits home with him, and
if .it should 444ppert that he was to come to the
same conclusion as. Mr. Justice Bayley bad, he
hoped his motive would be recognised only in a
scrupulous and conscientious discharge of his
(holy. This inot*g n. his Lordship, referring to
the case, said that be had examined the affidavit!,
and considered all the circumstances with the ut-.
tno3t attention and anxiety,. but without being
able to discover that which would justify him in
granting the desired Writ.--Application refused.

EX•PAI!TE PAGE IN THE MATTER OF PAGE, A

BANKRuPT.

This C3SC had formerly been before the Court
on a petition of the bankrupt praying for an
order to supersede the Commission, on the ground
that it had been procured from improper and ma-
licious motives. The case itself %las not of much
importance, and was substantially thus :—Some
irregular proceedings, as it as stated, had taken
place relative to a certain bond, in consequence
of which the petitioner. had suffered a loog im-
prisonment, from trifle!), 'bow-ever, he Was atter-.
wards released, and the Court Was nowt requested
to order, besides :the -stipersMe,(4s, that he should
have the bond assigned, to him, receive his costs,
and, be allowed to bring an action at law against
those who had unjustly obtained the Commission.
' The LORD -CHANCELLOR said, the present was
not a case in which he thought be could assign
the bond,.neither did it appear. right for him to
advise a legalaction. IL. however, he was mis-
taken, it was nti Prejudice 46 the petitioner, for
if he should he advise?! t•rs, bring his action, that
measure would not be' affected by what he had
just said. It did Tiot„, On due consideration, seem
to
,hi,„ that the Commission was sued for on mo-

_ _ ._.....,.
dyes or principles of malice, notwithstanding it
-t,,;/-,,,ittos his firm persuasion the Commission could
nit..
iv,Ot.stand. In sni9g, : cant .not to blame
- tLe C:vninioner.67l9.l%-..., • ,i'd 'ha' t:Tilt their

. .
place he probably slco:ild have actecl.in the sar'ue
manner. At all eveuAs, Lt, was glad the poor
man was liberated. 'nit', petition, no donb?, was
inordinately long, but in a case like his some
allowance might be made. Two petitions had
been presented. Ile was, on the whole, of opi-
nion, that the petitioner was entitled to all costs,
as far as related to the first petition, and he should
likewise grant him the costs on the superseders.
The Commission was fonntled on mistake, and
the petitioner most not on that account be a suf.-
ferer.—Supersedeas granted.

iuutimit AT EPSOAI.