like cases in all points; OR ELSE to allege a reasonable cause in the contrary, WITH CERTIFICATION as effeirs, ACCORDING to JUSTICE, as ye will answer to us thereupon. WHICH to do, we commit to you, conjunctly and severally, full power, by these our letters, delivering them by you, duly executed and indorsed, again to the bearer. GIVEN under our signet, AT EDINBURGH, the day of in the year of our reign, 1803.

In this action, evidence of the reconvalefcence will be produced; and the decree pronounced by the Court will reftore the purfuer to his full power of administration. I proceed, therefore, to the other head of this fubject.

2. CONSTITUTION OF THE OFFICE OF CURATOR BY THE COURT OF SESSION, ON AN APPLICATION BY THOSE INTERESTED IN THE ESTATE.

I fhall present to the reader the forms of thefe applications; the certificates with which they must be accompanied; the act of federunt by which the judges have provided for the faithful discharge of the office of factor, and the form of recalling the factory, or discharging the cautioner.

Petition for a Curator Bonis, where the Proprie tor is under mental Derangement.

Unto the Right Honourable the Lords of Council and Session, the PETITION of B and C, daughters of the deceased A and M;

HUMBLY SHEWETH,

That Miss M, the only surviving daughter of the late M, maternal aunt to the petitioners, and who at present resides in family with them, has, for some time past, been under mental derange ment, which renders her totally incapable of managing her affairs.

In this unfortunate situation, the petitioners, who are the nearest of kin of Miss M, find it necessary, in order to prevent any confusion in her affairs, to apply to your Lordships to appoint a curator bonis for the management of her property, which consists of an annuity, an heritable subject situated, &c. and money lent out at interest, and that the rents and interests of her property may be uplifted and applied for the aliment of Miss M, or laid out for her behoof; and the petitioners suggest D, residing at

proper person to fill that office.

as a

There are herewith produced two certificates of Dr E, physician at , attesting the unhappy state of Miss M, copies of which are annexed, and sufficiently prove the necessity of the present application.

May it therefore please your Lordships to ap

point the said D to be curator bonis to the said Miss M, until she be capable of managing her own affairs, he finding caution before extract.

ACCORDING TO JUSTICE, &c.

Signed by Counsel.

Certificate produced.

I hereby certify upon soul and conscience, that I have made frequent visits to Miss M, residing ; and I am fully of opinion that she is in such a state of mental derangement, that she is incapable of managing her affairs.

at

Unto the Right Honourable the Lords of Council and Session, the PETITION of R and I, as infant children of A, with concurrence of B, their maternal uncle;

HUMBLY SHEWETH,

That the father of the petitioners was always a man of weak understanding, but has laboured for some time past under a total mental derangement, approaching to a state of mere idiotism. He is possessed of some heritable property lying in the town of

in his own right, consisting

chiefly of small houses, which, being in bad repair, and rented at trifling sums, require constant attendance.

The petitioners are besides entitled, on their own account, in right of their mother, to a separate property lying in yielding about

401. Sterling of yearly rent.

The petitioners, being infants, there is no person legally authorized to take any charge of their property, which is not only suffering daily injury, but creditors are leading adjudications, which will occasion penalties and expenses.

B, the maternal uncle of the petitioners, who concurs in this application, is the only relation they are known to have, and he has hitherto taken some charge of the property; but questions are daily occurring, in which B cannot act with. out possessing a legal authority. It is therefore proposed that your Lordships should appoint B curator bonis to the petitioners' father, and factor loco tutoris to the petitioners; which office the said B is willing to undertake.

A certificate from Mr

, a respectable surgeon, attesting the state of the petitioners' father, is hereto annexed, and shows sufficiently the necessity of the present application.

May it therefore please your Lordships to appoint the said B curator bonis to the said A, until he shall be capable of managing his own affairs; and also factor loco tutoris to the said infant children of

the said A, petitioners, with the usual powers, and in terms of the act of sederunt, he always finding sufficient caution before extract.

ACCORDING TO JUSTICE, &c.

Signed by the Counsel.

Certificate produced in the Petition.

Edinburgh,

June 1803.-I hereby certify on soul and conscience, that about twelve years since I was in the habit of attending A in my professional capacity, and I always considered him to be weak in his intellects. I was this day requested to visit him, which I did, and found him affected with mental derangement; and I consider him in his present state to be perfectly incapable of managing his own affairs.

Another Example.

Unto, &c. (in common form.)

F, Surgeon.

That in the year 1755, W now deceased, grandfather to the petitioners, purchased the lands of in the neighbourhood of Edinburgh, and took the conveyance thereto in favour of himself and R his spouse, and longest liver, in liferent, and R W, father to the petitioners, the lawful son of the said W and R, and the heirs to be procreated of his body, in fee.

Some time after the above purchase was made,