
    Case Wo. 2,164.
    BURKE et al. v. WHEATON.
    [3 Cranch, C. C. 341.] 
    
    Circuit Court, District of Columbia.
    Oct Term, 1828.
    Insake Peksons — Adjudication—Appointment of Committee.
    1. The court will appoint a committee here to-take care of the property of a person found lunatic in Maryland.
    2. The mode of ascertaining the lunacy is by a writ in nature of a writ de lunático inqui-rendo.
    This was a petition to the court to appoint a committee of the estate of Major Wheaton, who was found lunatic in Baltimore; there being property in this county. The court will take notice of the proceedings of a foreign court finding a party lunatic. Ex parte Lewis, 1 Yes. Sr. 298. In Ex parte Gillam, 2 Ves. Jr. 587, the solicitoi’-general said, “For he had been found lunatic by a competent jurisdiction in the country in which he was. Lord Thurlow thought that a sufficient ground to consider him a lunatic; the country,. which is alone the judge, having found him so.” Lord Chancellor: “That distinction I think a very sound one; for the personal capacity, in general, is regulated by the law of the country.” The reason why, in New York, a foreign inquisition is not sufficient* is, that the statute only authorizes the chancellor to appoint committees for those who should be found lunatic by that court.
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   THE COURT

(THRUSTON, Circuit Judge,

absent,) appointed Dr. Laurie, committee. The act of Maryland, 1785, c. 72, § 6, authorizes the chancellor to superintend the affairs of lunatics, and to appoint a committee, &c., but does not direct the mode of ascertaining who are lunatics. This must be done by a writ in the nature of a writ de lunático in-quirendo, which issues by order of the court upon affidavit.  