Lunacy Regulation (Ireland) Act 1871

16 Issue of lunacy may be sent to a common law court, &c.

In every case in which the inquiry whether the alleged lunatic be or be not of unsound mind is to be sped before a jury, the Lord Chancellor intrusted as aforesaid may direct that no commission de lunatico be issued, but in lieu thereof may, by an order in the matter of the alleged lunacy, direct that the issue whether the alleged lunatic be or be not of unsound mind and incapable of managing his person or property be sent to one of the superior courts of common law in Dublin, or to the chairman of quarter sessions, or the recorder in whose jurisdiction the alleged lunatic is resident, and may in any such order give such directions as to the form of such issue, the evidence of the fact of the alleged lunacy, the personal examination of the alleged lunatic, the venue of such issue, and otherwise as to him shall seem fit and necessary; and, subject to such special direction as aforesaid, the said issue shall be tried and the finding certified according to the practice now in force as to issues directed out of the Court of Chancery.