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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...
This scarce antiquarian book is included in our special Legacy
Reprint Series. In the interest of creating a more extensive
selection of rare historical book reprints, we have chosen to
reproduce this title even though it may possibly have occasional
imperfections such as missing and blurred pages, missing text, poor
pictures, markings, dark backgrounds and other reproduction issues
beyond our control. Because this work is culturally important, we
have made it available as a part of our commitment to protecting,
preserving and promoting the world's literature.
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