tained by the verdict of a jury. At this inquest, in or der to prevent imposition, the person alleged to be insane must be present, that the jury may see and examine him for themselves; and inasmuch as insane persons, either from bodily infirmity or from the danger of suffering them to go at large, can seldom be brought into court, a commission of lunacy is awarded directed to some discreet persons in the neighbourhood, authorizing them to enquire by jury into the condition of the person alleged to be insane, and to return the inquisition so made into court; which return must be positive as to the fact of sanity or insanity; a special return is insufficient. That fact being once ascertained, the course of the court with respect to the guardianship of idiots and lunatics differs but little from that of minors.

Petition for a commission of lunacy.

To the honorable John Doe, Judge of the probate court of Fountain county: The petition of John King of said county respectfully sheweth, that David King, your petitioner's brother, now is and for a long time past has been so far deprived of his reason and understanding, as to be unable to govern himself, or to manage his affairs, as by the affidavit herewith produced, manifestly appears. Your petitioner therefore prays that a commission of lunacy may issue from this honorable court, to enquire whether the said David King be compos mentis or non-compos mentis, directed to such persons as this honorable court may think fit. And your petitioner will pray, &c. JOHN KING,

August 22nd, 1832.

Affidavit accompanying the petition.

Fountain county, to-wit.

John Wise and David True severally make oath and say, that they have, for the space of five years, been well acquainted, and have frequently conversed with David King of Portland in said county, and that for two years last past they have, by frequent observation of his conversation and actions, considered him to be in a great

degree deprived of his reason and understanding, and wholly incapable of governing himself or his estate. Sworn before me, a justice of the peace of Fountain county, this 22nd day of August, 1832.

Commission.

JOHN DEN, J. P.

State of Indiana, Fountain county, to-wit.

The state of Indiana to John Den and Richard Fen, of Portland in the county of Fountain aforesaid, GREETING. Whereas we have been informed, that David King of Portland in said county is, and for a long time past has been so far deprived of his reason and understanding as to be unable to govern himself or his estate; therefore, that we may be more fully satisfied of the condition of the said David King, and that due care may be taken of his person and estate, we authorize and command you, that on such certain day as you shall appoint, at the usual place of residence of the said David King, you diligently inquire, by the oaths of twelve good and lawful men of the said county, by whom the truth of the matter may be better known, whether the said David King be compos mentis or not; if not, whether he has been non compos mentis from his nativity, or from any other time, and from what time; and whether, since he has been in that condition, he has alienated any part of his real estate, and when, and to whom; and what estate, real and personal, yet remains, and of what value; and who are his heirs and of what ages. And the inquisition so taken send without delay to our honorable probate court to be holden at Covington, in and for the said county on the first Monday in September next, under your hands and seals and the hands and seals of the jurors by whose oath you shall make that inquisition, together with this writ. Witness John Stiles clerk, and the seal of our said court hereunto affixed, at Covington in our said county, the 23rd day of August, A. D. 1832. JOHN STILES Cl'k.

[SEAL.]

Venire facias.

State of Indiana, Fountain county, to-wit.

The state of Indiana to the sheriff of Fountain coun

ty, GREETING:

You are hereby commanded, that you cause to come before John Den and Richard Fen esquires, commissioners appointed by our honorable probate court of our said county, by a commission of lunacy, bearing date at Covington the 23rd day of August instant, directing them to inquire whether David King be compos mentis or not, at the residence of the said David King in the town of Portland, in our said county, on the second day of September next, twelve good and lawful men of your county, then and there to inquire upon their respective oaths, whether the said David King be compos mentis or not, and of all such other matters and things as shall be given them in charge by virtue of the said commission. Herein fail not.

Witness John Stiles clerk, and the seal of the said court hereunto affixed at Covington in [SEAL.] the said county, the 24th day of August, A.

D. 1832.

JOHN STILES Cl'k.

Subpæna for witnesses.

State of Indiana, Fountain county, to-wit.

The state of Indiana to the sheriff of Fountain county, GREETING:

You are hereby commanded to summon Charles Knox and William Dunn to appear at the residence of David King in the town of Portland, on the second day of September next, before John Den and Richard Fen, commissioners appointed by our honorable probate court of our said county, to inquire whether the said David King be compos mentis or not; then and there to testify the truth according to their knowledge, touching the lunacy of the said David King, and of such other matters and things as may be demanded of them by the said commissioners. Herein fail not.

Witness John Stiles, clerk of our said probate court, at Covington in the county aforesaid, the 24th day of August, A. D. 1832,

Oath of inquest.

You and each of you do solemnly swear that you will diligently inquire, whether David King, mentioned in

this commission which is laid before you, be compos mentis or non-compos mentis, and of all such other matters and things as shall be given you in charge by virtue of the said commission, and make a true inquisition thereof, according to the best of your judgment. So help you God. Inquisition.

State of Indiana, Fountain county, to wit.

An inquisition taken at the house of John King, the present and usual residence of David King, in the town of Portland, in the county of Fountain and state of Indiana, on the second day of September, in the year of our lord eighteen hundred and thirty-two, before John Den and Richard Fen esquires, commissioners, by virtue of a commission of lunacy, under the seal of the probate court of said county, bearing date at Covington the 23rd day of August last, and directed to the said John Den and Richard Fen, to inquire, among other things of the lunacy of the aforesaid David King; upon the oaths of the undersigned Jurors of said county, who being respectively sworn and charged to enquire of the premises, upon their oaths do say, that the said David King is at this time, of an unsound mind and enjoys no lucid intervals, and is wholly unfit to govern himself, or to manage his estate; and that he has been in the same state of lunacy for the space of two years last past; but how or from what cause the said David King became lunatic, the said jurors know not, unless by the visitation of God. And the said jurors, upon their oaths aforesaid, do further say that they find the said David King, at the time of the taking of this inquisition, to be the owner of one lot with improvements in the town of Portland, which he purchased when of sound mind, and that he has not, to the knowledge of the said jurors, alienated any of his real estate during his lunacy; and the said jurors further say on their oath aforesaid, that they find the yearly value of the aforesaid real estate to be one hundred dollars; and further, that the said David King owns no personal estate known to said jurors, except his necessary wearing apparel. And the jurors aforesaid, upon their oaths aforesaid do further say and find, that John King of Portland in said county, aged about twenty-seven years, is the

only brother and the nearest heir of the said David King. In testimony whereof, as well the said commissioners as the said jurors have to this inquisition set their hands and seals the day and year first above written.

Com's.

(JOHN DEN, [SEAL.]

RICHARD FEN. [SEAL.]

Jurors.

[SEAL.]

SEAL.

[SEAL.]

[Signed by all the jurors.]

Return of commissioners.

The execution of this commission appears by the in

quisition hereunto annexed.

Sept. 3. 1832.

JOHN DEN,

RICHARD FEN.

This return must be endorsed on the commission, and the inquisition attached thereto.

JUSTICES OF THE PEACE.

The constitution of Indiana provides, that a competent number of justices of the peace shall be elected by the qualified electors in each township, in the several counties; who shall continue in office five years, if they shall so long behave well. Con. Ind. A. v, sec. 12.

The returns of each election are made to the clerk of the circuit court of the proper county, and certified by said clerk to the secretary of state, within ten days after received, unless contested, and the persons so returned elected are commissioned by the governor. And each justice of the peace, on receiving his commission, is required to give to the clerk of the proper county, a bond, in such sum as the said clerk may deem sufficient, not less than one thousand dollars, nor more than two thousand dollars, with good freehold security, to be approved of by such clerk, for the faithful discharge of his duty, and for the paying over on demand to the person authorized or entitled to receive the same, all moneys that