a treaty and communing took place between my friends, and S, my aunt, and C, her husband, which ended in an amicable settlement of the said claims, by which the said C agreed to pay me the sum of in full of my claim under my grandfather's contract of marriage, on my making over to him my rights and interest under that contract, and which sum was agreed to be paid to me over and above the sums provided to me by the deeds quarrelled, and which had been executed inconsistently with the powers possessed by my said grandfather; AND WHICH Sum of having been advanced and paid by the said C, to F my uncle, in my behalf, I, with consent of R, my mother and sole curatrix, and of the said F, my uncle, executed a conveyance of my foresaid claim, and of all right arising to me under my grandfa ther's contract of marriage in favour of the said S my aunt, and C her husband, in the warrandice of which deed the said F stands bound; AND SEEING the said F, who received the said sum of has fully satisfied me and my said curatrix, and my other friends and relations, that the said sum and interest thereof has been fully expended by him, at my mother's sight, partly in my maintenance, clothing, and education, and partly in purchasing a commission for me in the army, and other expenses incident to my equipment for joining the regiment, wherein I am appointed an ensign. THEREFORE I do hereby, with the special advice and consent of my said curatrix, EXONER and DISCHARGE the said F, his heirs and executors, of the said sum of received by him from the said C, and of all action competent for the same, for now and ever. And I DO hereby APPROVE Of, RATIFY, and CONFIRM the said transaction made with the said S, and C her husband, and all other acts and deeds done by the said F himself, or by his direction and advice, in the management of my affairs; and I OBLIGE me to WARRANT the present DISCHARGE and RATIFICATION at all hands, and against all deadly, as law will. AND I CONSENT to the REGISTRATION hereof in the books of Council and Session, or others competent, therein to remain for preservation; and for that purpose CONSTITUTE my procurators, &c. In witness whereof, &c. I am next to explain the manner in which the office of curatory to a person, rendered incapable of acting from furiofity or idiotry, is conftituted. SECT. II. OF THE CONSTITUTION OF THE OFFICE OF CURATORY TO THOSE WHO ARE OF AGE, BUT DISABLED FROM ACTING BY FURIOSITY, IDIOTRY, OR IMBECILITY. FROM the inftitutes of the law, it appears that a person arrived at majority cannot be deprived of his rights, nor rendered incapable of exercising them, without a trial by jury, proceeding on a brieve of furiofity or of idiotry, by which his incapacity may be established, and the right of the judge to place him under the control of another duly proved. But in practice it will be found that our judges, from a principle of expediency, do, on many occafions, depart from that rule; and, on cause shown, or on the application of those entitled to take the charge of perfons falling into the unhappy state of derangement or imbecility, they, by a fimpler and lefs expenfive mode, apply the remedy. Hence this Section will neceffarily be divided into two parts: the one being allotted to the form of appointing curators under brieves; the other, to their nomination by the Court of Seffion on a fummary applica tion. 1. CONSTITUTION OF THE OFFICE OF CURA TOR TO A FURIOUS PERSON OR IDIOT UN- There is a diftinction betwixt the ftate of the furious perfon and the idiot, which has been recognized by our antient forms, and is discoverable in the terms of the two brieves. The brieve of furiofity directs the jury to enquire "Si fit incompos mentis, prodigus, et furiofus; viz. qui nec tempus nec modum impenfarum habet, fed bona dilacerando profundit;" whereas they are directed by the brieve of idiotry to inquire "Si fit incompos mentis, fatuus, et naturaliter idiota. " It is therefore to be confidered to which of these remedies recourse ought to be had. These brieves must be directed to the Judgeordinary of the territory within which the perfon refides; or, if it be a cafe of any difficulty, a warrant may be obtained for bringing the matter before the macers. The brieve is taken out by the agnate, and is ferved against the person whose fituation is to be tried, and who must be produced to the jury, that they may judge, from direct communication with him, of the ftate of his mind. I fhall, in bringing these cafes before the reader, take first the case of furiofity when tried before the Sheriff of the county; I shall next state the procedure when the proceedings take place before the macers; and fhall then point out the forms by which the furious person is restored to his natural rights. Brieve of Furiosity, and Proceedings before the Sheriff of the County. SALUTEM. GEORGIUS, &c. Vicecomiti de Mandamus vobis et præcipimus, quatenus per probos et fideles homines patriæ, per quos rei veritas melius sciri poterit, magno sacramento interveniente, diligentem et fidelem inquisitionem fieri faciatis, si A sit incompos mentis, prodigus, et furiosus, viz. quod neque tempus neque modum expensarum habet, sed bona et possessiones dilacerandas et dissipandas profundit, et quamdiu sustinuit illam furiositatem. Et si sic, quis sit tunc propinquior consanguineus ex parte patris dict. A; ET, si ille propinquior, sit rei suæ providus, et idoneus cavere de administratione rei alienæ, ET si sit legitimæ ætatis, ET quod per dict. inquisitionem diligenter et fideliter fact. esse inveneritis, sub sigillis vestris et sigillis eorum qui dict. inquisitioni intererint, faciend. ad capellam nostram mittatis, et hoc breve. Teste meipso, APUD EDIN. &c. This brieve is published in common form, and a claim entered, which is allowed to be |