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This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1910. Excerpt: ... decided. By the common law of England it is only
a person of unsound mind and dangerous to himself or others that
may be restrained of his liberty by another. Such is taken to be
law from the case in Bro. Abr. down to the last case on the
subject. Mr. Bovill has gravely contended that the plea showed that
the plaintiff pretended to be a madman expressly that he might be
shut up in an asylum; for that is what his argument amounted to.
But no such meaning can be put upon it: it merely states that he
acted as a person of unsound mind. Then, shall it be said that the
fact of any person acting so as to appear of an unsound mind is to
be a justification for another locking him up as a lunatic? It
would be most dangerous to the liberty of the subject if such a
doctrine were to prevail. Ira furor brevis est; and there are many
persons of eccentric habits, but still entirely in possession of
their faculties, as we know from cases of contested wills, yet they
may be said to be of unsound mind; and it would be monstrous to say
that, because some persons chose to suppose they were lunatics,
they might be locked up as such. The plea goes on to allege that a
certificate of two physicians had been obtained. But where is the
authority at common law for saying that if one or two men,
physicians, if you will, say that another is a lunatic, that will
justify a third person in taking him and confining him as a
lunatic? On the other hand, the statute, instead of being of any
service to the defendant, affords an argument against him; for the
protection given by it to persons acting under certain
circumstances in pursuance of it in regard to alleged lunatics
would be unnecessary if the merely acting as a person of unsound
mind would be sufficient to justify another in arresting...
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This is a reproduction of a book published before 1923. This book
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++++ The below data was compiled from various identification fields
in the bibliographic record of this title. This data is provided as
an additional tool in helping to ensure edition identification:
++++ Cases On Equitable Relief Against Defamation And Other
Injuries By Writing And Speaking: Supplementary To Ame's Cases In
Equity Jurisdiction, Volume 1 James Barr Ames Roscoe Pound Issued
privately, 1915 Law; General; Law / Estates & Trusts; Law /
General; Law / Personal Injury
The Making of the Modern Law: Legal Treatises, 1800-1926 includes
over 20,000 analytical, theoretical and practical works on American
and British Law. It includes the writings of major legal theorists,
including Sir Edward Coke, Sir William Blackstone, James Fitzjames
Stephen, Frederic William Maitland, John Marshall, Joseph Story,
Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal
Treatises includes casebooks, local practice manuals, form books,
works for lay readers, pamphlets, letters, speeches and other works
of the most influential writers of their time. It is of great value
to researchers of domestic and international law, government and
politics, legal history, business and economics, criminology and
much more.++++The below data was compiled from various
identification fields in the bibliographic record of this title.
This data is provided as an additional tool in helping to insure
edition identification: ++++Harvard Law School
Libraryocm20578505Prepared for use as a text-book in Harvard Law
School.Boston: Soule and Bugbee, 1881. 2 v.; 25 cm.
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