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Cases where jury may be dispensed with. 15. Where the alleged lunatic does not demand an inquiry before a jury, or [the High Court] is satisfied by personal examination of him that he is not mentally competent to form and express a wish in that behalf, and it appears to [the High Court], upon consideration of the evidence adduced before [it] on the petition for inquiry, or proceeding upon such report and order as aforesaid, and of the circumstances of the case, so far as they are before [it], to be unnecessary or inexpedient that the inquiry should be before a jury, and [it] accordingly does not in [its] order for inquiry direct the inquiry to be sped before a jury, then [the High Court] shall, without a jury, take such evidence, upon oath or otherwise, and call for such information, and, if it shall seem to [it] necessary, require the production before [itself] of, and personally examine, the alleged lunatic, in order to ascertain whether or not the alleged lunatic is or is not of unsound mind, and shall, by an order to be made in the matter of the alleged lunacy, declare whether the alleged lunatic is or is not of unsound mind, and incapable of managing his person or property. S.16 rep. by 1978 c.23 s.122(2) sch.7 Pt.I
© 1871 Crown Copyright
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