The New York herald., 1878-01-11
HICK ST. ORD.
The Commission De Lunatico H.
quirendo Completed.
ITS SCOPE AND POWERS.
Condition of a Devoted Daughter OF the
Missing Groom.

but spared time TO inform the writer hal no nc" as
velopments had taken place in tie Hicks-Lord pro
ceedings Until such time as Mr. Lord returns, o
until his Whereabouts have become known to thu
officers OF the law the commission In lupacy cannot
enter upon theiS duties. The continued absence o
Mr. Lord, however distressing it might be 10 his
family still strengthened the legal proceedings In
gtituted on behalf OF his children. That he volun'
tarily remained away without revealing his hiding
place is not natural assumption; 1t IS rathcr more
reasonable to conclude that he has been detaiueo
against his will. Mrs. Hicks had made very great
mistake IN supposng that by keeping Mr.. Lord from
seeing of communicating with his family sue was
strengthening her claims bis lawful welded vile.
Had she boldly confronted the issue she would have
placed herself correct light before the world
Judge Fancher, tho head of trc commission in u-
macy, said that the commission was now complete,
inasmuch DR.. Peters had consented to serve but
when the Investigations would begin more than
he could In regard TO the composition and
powers OF the writ de lunatco inquirendo Judge
Fanchcr explained its scope ana meaning.
POWERS or THE COMMISSION
By the Revised Statutes The and custody of
idots unatics persons Of unsound mind and persons
who are incapable OF conducting their affairs in
consequence Of habituai drunkenness, and OF their
real and personal estates were vested In the Chan-
,ceor And he was required provide for their sale
uf their families and the education of their children
out their personal and the rents and profits
of their real estates respectively and to see that their
estat os were rot wasted destroyed. But now the
powers OF the Chancellor vested by the con-
stution OF lS46 and the Judiciary act in the Supreme
Court. Persons OF unsound mind consist OF unatics;
those under frenzy on temporary arrangement from
disease other causes, and such as the Court
aGudges incapable OF managing their own Affairs, ny
reason OF old age sickness or other cause
The lrst step TO DO taken toward the appointment
OF n committee lunatic or idiot or habiuai
drunkard Is apply Tor commission In the nature
ol writ dc lunatico inquirendo. The application is
founded upon petition, accompanied by allcavts
setting forth the unsound mind OF the party anu such
other iacis as may show that he is proper subject
tor the protection OF the Court
rne commission generally three per-
sons TO be appointed by the Court One q tho Com
nlssoners should be attorney OF the court another
lawyer and the third non-proiessionas gentleman.
TIE party proceeded against as unatlc, &C., is en-
tilted 10 reasonable notice of the time and place Of
executing the commlsso and reasonable time to
produce witnesses before tho jury. But u is not
NECESSARY tnat lunatc or u person onieebed by age
Or sickness should be served personally with notice,
when II is evident that he keeps out OF the way 10
AVOID such service.
precepI to the Sheriff OF the county 10 which the COM
inison Is TO be executed, commanding him TO cause
Jury good and lawful men OF his county to como
before them AT certain time and In certain place
to inquire upon their oaths OF the matters things
when sna be given them in charge by virtue OF tho
commission.
Upon receiving the warrant or precept OF the COM
mission It viii b. tue duty oil the Sheriff TO select
summon the jurors No inquest can DO taken upon the
oats Uf less tlan Twelve Jurors IL Is sufficient 10
give the Court jurisdiction if The jury find that the
party is mentally incapable OF governing himself or
managing his Affairs.
An Inquistou by which person 10 found to DO
lunatic OF unsound mind, and incapable OF managing
his affairs, Is conclusive evidence oil The
pacty oil such person. Accordingly, contract Tor
ibe sale OF real estate by person gdju lged TO be
either unatic, an iuiot or OF unsound mind aud OF
whose person anu estate committee has been duly
appointed 10 take charge. Is absolutely vod can
suit be brought against such person the ndorser
p "a bill OF exchange that goes 10 protest; nor he
nske Il valid Will. nor make contract 10 bind HIM
Bell or his property.
The statute otherwise defines how the commission
subsequently to act rs guardians OF the properly
ano estate, anu now the person adjudged as coming
under OF these clau5esthai is, who has been de-
carcd IDIOT, lunatiA or person OF unsound
minds TO be restricted and taken o and II ad
vlsable how 10 sell dispose OF his property Mr.
Day. oil the Grm oil Lord, Day Il Lord tre law firm
associated with Judge Fullerton MS counsel Tor Mr.
Loid's children in the unacy commission
pending, declared 10 a HERALD reporter lnal IL was
not dreamed OF by Mr. Lords children to establish by
law proofs OF their iather's insanity. All they
claimed was that Mr. Lord was so advanced years,
was grown so inhrm oi purpose, ana 80 deoilitatcd
generally. mentally and physically, that he n
capable Ui intcgcnty conducting his business Affairs,
and was also nDe to TALL the victim to designing and
schemlDg Influences
rni. writ de Iunatico inqulrcndo, said Mr.. Day. was
contemplated long before Mr. Lords late marriage
His innrnites ana eccentriccs were painful
OF anxiety 10 all his family. | had papers drawn
up 10 submit 10 Court, mouths ago, moving Tor
~ be appointed to investigate the competency
OF Mr. LORD taxing charge oil his great IortuEc, but
The fumily hesItated taking such step as II was paln.
iul 10 their al affections OF proprety 10
bilng ABOUT such scandal Recent events, however,
have demonstrated how necessary such course
IL docs not look reasonaUle natural or lust that
gentleman OF Mr. LORDS years, physical mental
hepIessncss should be- as were. torn from his
anu iamly. Certainly his children havo strong claims
ON tho projection aLd affection OF their iainer which
even vile ~ bound to respect. Naturally aud legally
lie Is as much theirs as hers. 1t cruel
10 keep his distressed family IN paniul ignorance OF
his present place OF residence lEcy not knowing
whether he Is alive or dead. You must know, said
Mr. Day TO the reporter. that Mr. Lord has mot slept
three nights out OF his own house IN twenty years,
anu sucn radica change III his mode ol living
necessarily press very heavily on his already shat
tcrcd health The poor old man WIS too feeble 10
mlnister to his Own wants, but never lackcd for
tho most rendcr and anccouatc Watching anu atien-
lions.
DEVOTED LAUGHTER DisrREssED.
HIS every want was anticipated and nInistered to
by the devoted love o now hearth rokcu daughter.
Sne has sacrlccd her young Lie 10 nurse her poor
Old ther. Not alone had she her ather To attend to
like II chid, but an elder sistor--a poor, afflicted
creature bcroft Of her rcason-was also "a source OF
Hoiicnudc to her Between this aged and inlrm athor
and suffering sister tins noble woman has made her
HE ono OF hcroic sesacrihcing duty, ana now she
stricken down, physically and nentay Frustrated Dy
this last and perhaps greatest stran upon her sens
tive nature. lcl at Mr. Lord's house every evening
10 cheer them up, but IL Is sorry task. | nnd that
The doctor has been there before me, he too using
what rcsloratves are best to keep these poor girls
from becoming frsnZcd. The daughter wno tcGucd
Mi. Lord Tor long years has been taken wih hystcrIu
and while In that condition requires the careful
Treatment ana watching, while the malady OF the poor
child whose reason has boen impaired has beon in
tensined by the absence OF her ather, Lho used to
delight Ia his society," and you may Judge what a
state OF mind the rest Of the family IA.
''This Is certainly very sad, Mr. buy, - said the TO.
porter, "but II supplies an additional incentive why
the lam'ly should usc every cnort TO discover the
whereabouts OF Mr. Lord. -
''Weli, everything has been dono in that regard.
The pOcc ana detectives have appealed to; lot
tors have been addressed 10 Mrs Hicks ana sent 10
her home lmploring OF her just 70 inform Mr. LORDS
children II hc 10 alive and WE'LL or II sick, TO let them
aud cc % lar has beer IA arI
from the old gentleman | tel you, said Mr. Day,
tmphntcay, "thi5 Is 10 Ordinary clso; on tho CON
trary, II Is very serious one. Whatever motives
may nave acuatcd Mrs hicks They Uo those
affection, she woHd have regard tor tho ieol.
inss OF Mr. LORDS children"
MOTIVES OF MAS HlCkS
''But, Mr. Day, Mrs Hicks ncrsc.i is rcputcd to be
wealthy and 10 so her motives could not DO ner-
ccnafy."
pcrsOnaliy informed on that subject " 10 easy ~
mike a snow oi wealth, but haru to sustain u. Sno