LUNACY APPEAL CASE.

Ashburton Guardian, Volume V, Issue 1561, 18 May 1887, Page 2

LUNACY APPEAL CASE.

»■ Wellington, May 17. In tho Appeal Court the Case Giay v. Gray ooncluded. This was an appeal against the deoision of Justice Johnston, delivered on 15th April last. The facts shortly are as follows : — " In March, 1887, the plaintiff, William Arthur Gray, was, on an enquiry held before Justice Johnston and a jury, f cund to be a person of unsound mind. Subsequently defendant was appointed committee of plaintiff's estate. In 1870 the Court directed that plaintiff should b 9 removed to England m cub tody, and provision was made for his maintenance. In August, 1885, on the petition of F. Gray, Sir Edward Fry, sitting m lunacy m England, ordered that an inquiry Bhould be held concerning the alleged lunacy of plaintiff. The inquisition was taken on the 3rd November, 1885, before a Commiesioner m Lunacy, and a jury of the County of Leicester, who found that plaintiff was at the time of taking the inquisition a person of sound mind. Plaintiff was therefore discharged out of custody. Thereupon plaintiff returned to New Zealand, and applied to defendant, his Committee, to restore his estate to him. This defendant refused to do so until plaintiff had obtained a supersedeas of the New Zealand inquisition. Plaintiff then commenced proceedings, and set out the above facts m the statement of his claim. It was then ordered that the matters of law appearing be first argued, and npon argument Justice Johnston held that pla : ntiff was not m a position to bring an action m the colony stit juris without procuring a supersedeas. Plaintiff appealed. Their Honors divided judgment, dismissing the appeal, holding that the property of p'aintiff did not so vest m him until the supersedeas of the lunacy inquisition obtained from tho Supreme Court was obtained.