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against A. B. C. D. & E. F. executors of the last will and testament of G. H. deceased, who are impleaded with I. K. and others; and, whereas we have by our writ lately commanded the said A. B. C. D. & E. F. to appear before us in our said court of Chancery, at a certain day,. now past, to answer to the said bill. Know ye, that we have given unto you, or any three or two of you, full power and authority to take the answer of the said defendants A. B. C. D. & E. F. to the said bill. And therefore we command you, any three or two of you, that at such a certain day and place, as you shall think fit, you go to the said defendants A. B. C. D. & E. F. if they cannot conveniently come to you, and take their answers to the said bill, on their corporal oaths, to be administered by you, any three or two of you, the said answer being read and distinctly written on paper, and when you shall have so taken them, you are to send the same, closed up under the seal of you, any three or two of you, unto us in our said court of Chancery, without delay, wheresoever it shall then be, together with this writ.

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day

Witness, James Kent, Esq. Chancellor of the state of New-York, the in the year of our Lord one thousand eight hundred and eighteen. .Edm. Elmendorf, clerk.

R. S. Solicitor.

6. Instrue. tions.

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Instructions to the commissioners for taking the answers of A. B. C. D. & E. F.

Any two of the commissioners named in the dedimus potestatem, are sufficient for taking the answers and returning the commission.

The commissioners who are to act, and the defendants who are to answer, being met at the time and place agreed upon between them, the commission is to be opened by the commissioners, and one of them showing to the defendants the answer which is prepared for them in the following manner:

Have you heard this your answer read, and do you exhibit it as your answer to the bill of complaint of, &c.

To which the defendant answering in the affirmative, one of the commissioners administers the oath to the defendants, laying the right hand on the Bible or New Testament; you shall swear, that what is contained in this your answer, as far as concerns your own act, and deed, is true of your own knowledge, and that what relates to the act and deed of any other person or persons, you believe to be true. So help you God.

Each of the defendants signs the answer at the first, and immediately following their signatures; the commissioners write as follows: This answer was taken, and the above mentioned A. B. C. D. & E. F. the de

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fendants, were each duly sworn to the truth thereof, in the town of

at the house of

in the island of St. Croix, on the

day of

in the year of our Lord one thousand eight hundred and eighteen, by virtue of the commission hereunto annexed.

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The signature of any two of them, as has been said, will be sufficient, though there will be no harm in more of them acting and signing. A copy of the will of is to be annexed to the answer, and the commissioners will please to see that it is so before they subjoin their certificate of the execution of the commission.

When the business is thus far completed, the commissioners who execute the commission, are to endorse their return upon the commission, or parchment itself, in the following words:

"The execution of the commission appears in a certain schedule hereunto annexed."

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The joint and several answers of A. B. C. D. & E. F. executors of the last will and testament of G. H. deceased, &c. who are impleaded with I. K. and others, to the bill of complaint of L. M. N. O. & P. Q. and other complainants.

These defendants, now and at all times hereafter,

saving and reserving, &c.
the following persons.)

(This answer is signed by A. B. C. D. & E. F.

This answer was taken, and the above mentioned A. B. C. D. & E. F. the defendants, were each duly sworn to the truth thereof, at the court-house, in the town of in St. Croix, on the

day of

in the year of our Lord one thousand eight hundred and eighteen, by virtue of a commission hereunto annexed.

R. S.

T. U. Commissioners.
V. W.

The answer with the schedule, and the commissioners' certificate as above is to be annexed to the commission, and then the commissioners are to fold up the whole in an envelope, binding it round with tape, and to put their names and seals thereto, and direct it to Edmund Elmendorf, Esq. clerk in Chancery, NewYork,

If the commission should not be brought to NewYork by one of the commissioners, then it should be confided by one of them to some person coming to 7. Oath to be said place, who upon his arrival, should come with it aken by the to the defendant's solicitor, or the clerk, who will

bearer.

swear him or take him before a master in Chancery, in order to have him sworn, touching his receiving it from the hands of the commissioners, or its being opened or altered since he received it. See the form of the oath, ante p. 423.

No copy, abstract or tenor of any bill in equity, shall go with the dedimus, or commission for taking the defendant's answer.

The answer being filed, the defendant's solicitor is to

give notice to the solicitor of the complainants thereof, which terminates the proceedings of a dedimus potestatem to take the answer of defendants.

OF IDIOTS AND LUNATICS.

Special Contents.

I. Their description and character.

II. The Chancellor's charge and powers in relation to them.
III. When and in what situation it is expedient and lawful to
confine their persons.

IV. Affidavit proving their state of insanity.

V. Petition to the Chancellor, praying for a commission.

VI. Commission of lunacy.

VII. Præcipe to the sheriff.

VIII. Directions to the commissioners for executing the com

mission.

IX. Warrant to produce the lunatic.

X. Subpoena for witnesses.

XI. The inquisition signed by the jury.

XII. Decisions in relation to the guardianship of the lunatic.
XIII. Petition for the custody of the person and estate of the

lunatic.

XIV. Order for committing the person and estate of the lunatic.
XV. Recognizance entered before the master, and his certificate'

thereof.

XVI. Order of confirmation.

1. Their des

character.

AN idiot, or natural fool, is one that had no under- oription and standing from his nativity, and therefore is by law presumed never likely to attain any. A person is not an idiot if he hath any glimmering of reason, so that he

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