case ex part Southcote Aug Commission of lunacy order against a person who be  at saint a blood in France to be execute in Essex where his mansionhouse S S c  Ves sen Cox ms d d p the orderbook for this year be miss petition for a  commission of lunacy against Thomas Southcote who be abroad at saint a blood  in France and stand over to this day on two doubt which Lord chancellor  conceive saint on the fact of the identity of the person d on the propriety of  sue a commission against a person not in England Mr Philip Southcote brother  of Thomas make a affidavit that about eighteen year ago Thomas in the lifetime  of his father be disorder in his mind and send to a religious house in Ghent  who function be to look after such person that afterward he be remove about  eight year ago to saint ambler a blood where he now be that Philip have remit  money to he from time to time likewise a affidavit be make by two person who  go over to see he that the head of the house at saint a blood tell he his name  be Thomas Southcote and he appear to they to be disorder in his mind and  specify some few instance of lunacy that the physician who attend he declare  it will be very dangerous to his health to bring he over to England it appear  Thomas have a estate in England of pound a year Mr attorney and  solicitorgeneral for the petition argue that the writ de idiota to seek after  be of various sort one use to be direct to the escheater and be calculate  principal for the safety of the idiot and therefore direct that the escheater  view the person the other respect chief the crown be right to the estate of  the idiot and that be direct to the sheriff but not require to view the person  the king have a right to the profit of the land of a idiot during the idiocy  and though in case of lunacy the crown have only a right to the estate subject  to a account yet there arise a benefit to the crown from such thing which can  be account for as advowson c the commission now use follow the latter sort of  writ and the case of Hodsell be cite that November he be secret in order to  avoid a commission and on application to the court and affidavit of several  person that they apprehend he be carry to Antwerp Lord chancellor order a  commission to be execute in Middlesex because he be trace to and last see at  Mileend Hodsell have no estate in England but a real estate in Jamaica be a  infant and a guardian have be appoint nobody oppose the present petition and I  consent to it for several of the relation Lord chancellor I have two doubt  saint on the fact d on the law as to the saint whether the identity of the  person sufficient appear nothing be lie before I but what come from the  relation of the head of the house at saint a blood in ambler France but it be  true say what I be do be not conclusive but only put the matter in a way of be  inquire into by a jury beside there be precedent circumstance disclose which  confirm the other account for Mr Philip Southcote have swear that Thomas be a  lunatic in the lifetime of his father and send to Ghent and from thence remove  to saint a blood ambler er p it will indeed have be more satisfactory if  somebody that know he have go to view he but that may be matter of difficulty  to ascertain the person after so many year absence there be sufficient  probable cause for I to issue a commission if I be warrant in point of law d  doubt arise on this the commissioner and jury have a right to inspect the  lunatic and examine he and that be most common do and though they do not  always have the lunatic before they unless great doubt on the sanity but a  certain number of the commissioner and jury be appoint to inspect he yet they  have a right to it and so it have be determine without have a prior order of  this court and if any person refuse to produce the lunatic on the commissioner  warrant this court on application have make he pay cost another doubt the  commissioner direct a enquiry by a jury in the county where the lunatic reside  that be the stand order of the court but yet that do not determine the law to  be that in all case without exception it must be so these commission of  enquiry be of various nature former they be by writ of late year by commission  in nature of those writ the writ be sometime direct to the escheater and  sometime to the sheriff I can find one writ direct to the escheater to inquire  of lunacy the escheater be a officer for the grow revenue and in case of  lunacy where no profit go to the crown the writ be never direct to the  escheater in the writ to the escheater he be direct to go and view the party  no such direction in the writ to the sheriff the reason of the distinction I  can find out and the practice of commission put it out of the case the ground  of commission I take to be this forfeiture c to the crown be unquirable by  writ to the escheater or by commission the ambler latter be more large and  general and therefore the practice have fall into this way as to the doubt on  Thomas Southcote be abroad it will be unreasonable that the king subject be  abroad and a lunatic shall lose his protection the commissioner can execute  the commission beyond sea as in case of a commission to appoint a guardian  because the authority be not in they alone but in the jury too but if a  commission be not to be grant what situation will the subject be in with  respect to his safety and protection from the king what situation will the  king be in with respect to his prerogative in case of idiocy it will be in the  power of any body to defeat the prerogative by convey the party beyond sea No  mischief can follow from the grant a commission for if the jury be satisfy  without inspection they will find so if not they will not make a return or  will return that it do not appear to they that he be a idiot or lunatic if he  have notice of it he may oppose the commission or if he have not yet any body  may apply for he to traverse or supersede the commission in either of those  case he must appear to be examine in person ring in council which word have be  consider to mean this court of opinion there be reasonable round to issue a  commission in this case the next question in what county the commission shall  be execute be of opinion in Essex because the mansionhouse be there ex part  baker Ves S c coop ex part smith Swanst the mansionhouse be to be consider as  a place of residence in many case as in case of parochial payment see ex part  Grimstone post in ex part ware Ves Lord Eldon say he do not recollect any  instance in which the court have permit a mere stranger to traverse the  inquisition but he will not say without further consideration when it may be  necessary to decide the point whether the court will permit it or not alienee  of non compos may traverse see Robert case atk Sherwood v Sanderson Ves or be  may join non compos in traverse see Robert case atk so a person who have  contract to sell property to the non compos niell v Morley Ves or who have  contract to purchase property of he ex part hall Ves but the heir at law may  not traverse after the death of non compos atk by stat Edward VI c S any  person aggrieve by such office or inquisition shall have his traverse the  traverse give by this statute be matter of right ex part Wrag Ves ex part fern  Ves ex part ware Ves Sherwood v Sanderson Ves by the recent stat Geo c the  Lord chancellor c be direct to hear and determine the petition of any person  or person desirous of traverse any inquisition provide such petition be  present within three calendar month from ambler er p the day of the return of  the inquisition if the petition be not present within that time the party be  bar of his right of traverse unless the chancellor c shall think fit to allow  such traverse to be present after that time