
    Ex Parte Abram Wilson.
    
      Lunacy — Practice.
    Inquisitions of lunacy are ustuilly executed at the residence of the supposed lunatic, or in the vicinage; but that is a matter within the discretion of the Judge or Chancellor ordering the commission ; he may order it to be executed in another district.
    The traverse of an inquisition of lunacy should, as a general rule, be tried in the district where the commission was executed; but that, also, seems to be a matter of discretion with the Judge or Chancellor ordering the traverse.
    BEFORE WARDLAW, CH., AT CHARLESTON, JUNE, 1559.
    The petitioner, who resided in Colleton district, was found to be a lunatic, by an inquisition held in Charleston, on the 17th March, 1S5.9; and this was a petition for leave to traverse the inquisition. His Honor granted the order, and directed the issue, when made up, to be tried in Charleston district.
    The petitioner appealed, and moved this Court to modify the order, and direct the issue to be tried in Colleton.
    
      McCrady, Campbell, for appellant.
    
      Hayne, Miles, contra.
    Authorities cited : Smith vs. Petigru, 2 Strob. Eq., 322 ; ex parte Baker, 19 Ves., 340; Cooper, 205 ; ex parte Smith, 1 Swan., 6; 2 Ves., 401 ; in re Nugent, 3 Mol., 517; 12 Eng. Con. Ch. R., 594; ex parte Hall, 7 Ves., 261, 254; Shelf, on Lunacy, 122; 14 Eng. Ch. R., 38.
   The opinion of the Court was delivered by

O’Neall, C. J.

From the earliest cases of which we have any account in this State, the commission in the nature of a writ de lunático inquirendo has been executed at the alleged lunatic’s residence, or in the vicinage. This was regarded as a convenient practice, both for the sake of the supposed lunatic, his family, friends, and the witnesses. But it is by no means so fixed and settled a rule as not to be departed from. Circumstances may make it necessary that it should be executed elsewhere. It is entirely a matter of discretion with the Chancellor or Judge ordering the inquisition.

Here, I have no doubt, the convenience of all was consulted, by having the inquisition executed in this city. Ordinarily, I should say, the traverse ought to be tried where the inquisition was found. That is more in harmony with the course of proceeding, and preserves the record in the same Court. But I have no doubt it may be tried in the jurisdiction where the alleged lunatic lives. On the present occasion, it has been so earnestly pressed upon the Court, and the Chancellor who allowed the traverse having, in this Court, of which he is a member, assented to the change of venue to Colleton district: it is, therefore, ordered, that the order allowing the traverse be so modified, that the traverse be made, docketed, and tried in Colleton district, at the next, or any subsequent term of the Court of Sessions of the peace, at which it may be practicable to try the same, and that the Judge presiding at the trial be requested to certify the verdict to the Court of Equity for Charleston district.

Johnstone and Wardlaw, JJ., concurred.

Order modified.  