
    Rachel McEwen vs. Henry McEwen.
    After petition for divorce, on the ground of abuse and ill treatment, motion to allow a counsel fee and maintenance pendente lite refused against a party who had been declared a lunatic by the court.
    The order implies a default and neglect of a moral obligation on the part of. the defendant, which cannot be imputed to a lunatic.
    Henry McEwen, the defendant, was found a lunatic, by inquisition, dated August 31, 1854, which found that he had been a lunatic “ for one year last past and upwards.”
    The complainant filed her petition for divorce August 26, 1854. The grounds alleged for divorce are abuse and ill treatment. The abuse and ill treatment is alleged to have taken place at various times, and in particular in October, 1841, and in March last.
    
      Mr. James Wilson now moved, on behalf of the complainant, that an order be made to allow a counsel fee and maintenance pendente lite.
    
   The Chancellor.

I think it would be improper to make the order. It would be made against a party who has been declared a lunatic by this court. The order implies a default and neglect of a moral obligation on the part of the defendant. This ought not to be imputed to a lunatic. The embarrassment in enforcing such an order is also an objection to making it.

The motion is denied.  