KFLCC Kingdom Law 2nd Ed.

632

INSANITY

INSANITY

Y. Supp. 920. On the other hand, lunacy is a total deprivation or suspension of the or dinary powers of the mind, and is to be dis tinguished from imbecility, where there is a more or less advanced decay and feebleness of the intellectual faculties. In re Vanauken, 10 N. J. Eq. 186, 105; Odell v. Buck, 21 Wend. (N. Y.) 142. As to all other forms of insanity, lunacy was originally distinguished by the occurrence of lucid intervals, and hence might be described as a periodical or recurrent insanity. In re Anderson, 132 N. G. 243, 43 S. E. 649; Hiett v. Shull, 36 W. Va. 563, 15 S. E. 146. But while these dis tinctions are still observed in some jurisdic tions, they are more generally disregarded; so that, at present, in inquisitions of lunacy and other such proceedings, the term "lun acy" has almost everywhere come to be syn onymous with "insanity," and is used as a general description of all forms of derange ment or mental unsoundness, this rule being established by statute in many states and by judicial decisions in others. In re Clark, 175 N. Y. 139, 67 N. E. 212; Smith v. Hickenbot tom, 57 Iowa, 733, 11 N. W. 664; Cason v. Owens, 100 Ga. 142, 28 S. E. 75; In re Hill, 31 N. J. Eq. 203. Cases of arrested mental development would come within the definition of lunacy, that is, where the patient was born with a normal brain, but the cessation of mental growth occurred in infancy or so near it that he never acquired any greater intelligence or discretion than belongs to a normally healthy child. Such a subject might be scientifically denominated an "idi ot," but not legally, for in law the latter term is applicable only to congenital amen tia. The term "lucid interval" means not an apparent tranquility or seeming repose, or cessation of the violent symptoms of the disorder, or a simple diminution or remission of the disease, but a temporary cure—an Intermission so clearly marked that it per fectly resembles a return of health; and it must be such a restoration of the faculties as enables the patient beyond doubt to com prehend the nature of his acts and transact his affairs as usual; and it must be continued for a length of time suflScient to give cer tainty to the temporary restoration of rea son. Godden v. Burke, 35 La. Ann. 160, 173; Ricketts v. Jolifl, 62 Miss. 440; Ekin v. Mc Cracken, 11 Phila. (Pa.) 534; Frazer v. Fraz er, 2 Del. Ch. 260. Idiocy is congenital amentia, that is, a «vant of reason and intelligence existing from birth and due to structural defect or mal formation of the brain. It is a congenital obliteration of the chief mental powers, and Is defined in law as that condition in which the patient has never had, from his birth, even the least glimmering of reason; for a man is not legally an "idiot" if he can tell his parents, his age, or other like common matters. This is not the condition of a deranged mind, but that of a total absence of mind, so that, while idiocy is generally

classed under the general designation of "in* sanity," it is rather to be regarded as a nat ural defect than as a disease or as the re sult of a disease. It differs from "lunacy," because there are no lucid intervals or periods of ordinary intelligence. See In re Beaumont, 1 Whart (Pa.) 53, 29 Am. Dec. 33; Clark v. Robinson, 88 111. 502; Crosswell v. People, 13 Mich. 427, 87 Am. Dec. 774; iHiett v. Shull, 36 W. Va. 563, 15 S. E. 146; Thompson v. Thompson, 21 Barb. (N. Y.) 128; In re Owings, 1 Bland (Md.) 386, 17 Am. Dec. 311; Francke v. His Wife, 29 La. Ann. 304; Hall v. Unger, 11 Fed. Cas. 261; Bick nell v. Spear, 38 Misc. Rep. 389, 77 N. Y. Supp. 920. Imbecility. A more or less advanced 'decay and feebleness of the Intellectual facul ties ; that weakness of mind which, without depriving the person entirely of the use of his reason, leaves only the faculty of con ceiving the most common and ordinary ideas and such as relate almost always to physical wants and habits. It varies in shades and degrees from merely excessive folly and ec centricity to an almost total vacuity of mind or amentia, and the test of legal capacity, In this condition, is the stage to which the weakness of mind has advanced, as measur ed by the degree of reason, judgment, and memory remaining. It may proceed from paresis or general paralysis, from senile de cay, or from the advanced stages of any of the ordinary forms of insanity; and the term is rather descriptive of the consequen ces of insanity than of any particular type of the disease. See Calderon v. Martin, 50 La. Ann. 1153, 23 South. 909; Delafield v. Par ish, 1 Redf. (N. Y.) 115; Campbell v. Camp bell, 130 111. 466, 22 N. E. 620, 6 L. R. A. 167; Messenger v. Bliss, 35 Ohio St 592. Non compos mentis. Lat. Not of sound mind. A generic term applicable to all in sane persons, of whatsoever specific type the insanity may be and from whatever cause arising, provided there be an entire loss of reason, as distinguished from mere weakness of mind. Somers v. Pumphrey, 24 Ind. 244; In re Beaumont, 1 Whart. (Pa.) 53; Burn ham v. Mitchell, 34 Wis. 136; Dennett v. Dennett, 44 N. H 537, 84 Am. Dec. 97; Potts v. House, 6 Ga. 350, 50 Am. Dec. 329; Jack son v. King, 4 Cow. (N. Y.) 207, 15 Am. Dec. 354; Stanton v. Wetherwax, 16 Barb. (N. Y.) 262. Derangement. This term includes all forms of mental unsoundness, except of the natural born idiot. Hiett v. Shull, 36 W. Va. 563, 15 S. E. 147. Delusion is sometimes loosely used as syn onymous with insanity. But this is incor rect. Delusion Is not the substance but the evidence of insanity. The presence of an in sane delusion is a recognized test of insanity in all cases except amentia and imbecility, and where there is BO frenzy or raving mad-