5 Paige Ch. 120 | New York Court of Chancery | 1835
The appeal in this case presents an important question as to the rights and duties of the committee of an habitual drunkard ; and as to the power and control which this court has over the persons of that unfortunate class of our fellow citizens whose unnatural appetite for intoxicating liquors has rendered them incompetent to manage their property, or to regulate their own conduct. Ann Lynch, a widow lady about sixty-five years of age, who by the death of her husband came into the possession of a very considerable personal property in addition to her dower in his real estate, was, upon the execution of a commission issued by the
It appears, from the opinion of the vice chancellor, that he refused the application of the committee, because he doubted the power of the court to interfere and compel Mrs. Lynch to reside at the place selected for her by the committee. In this $ think he erred. Previous to the revised statutes, the court had no control over the person of an habitual drunkard, but only over his estate; the power of the chancellor, by the original act of 1821, (Laws of 1821, p. 99, § 1,) being confined, in terms, to the estate. But by the recent revision of the statutes, the powers of this court in relation to the persons, as well
The control, therefore, which this court may by its committee exercise over the person of one who is found incapable of conducting his own affairs in consequence of habitual drunkenness, is the same which it may exercise over an infant, or an ideot, or a lunatic. The guardian or committe is alone to decide, subject however to the superintending control of the court, as to the proper place in which the infant, non compos, or habitual drunkard, shall reside ; as he is liable for the consequences of a neglect to take proper care of the person committed to his care and custody. And it is the duty of the court to lend its aid to protect him in the proper exercise of
The proper course of proceeding, however, in a case like the present appears to be to apply to the court, in the first instance, for an ex parte order that the person in whose custody the non compos or habitual drunkard is, or who harbors her against the wishes of the committee, to deliver her up to the .committee, or to cease from harboring her; and to desist from
Although the power of this court over the persons of habitual drunkards is thus complete, it ought not to be exercised in such a manner as to deprive them of their freedom unnecessarily. xThe power should be used only to protect them from injuring themselves, or from being injured by others; to remove them from temptation, and from the society of vicious companions, and if possible effect a reformation; and to restore them to their friends, and to the possession and control of their property, as good and virtuous members of the community. Such a reformation can only be effected by kind and humane treatment. And whenever the committee deems coercive measures necessary, the safer course is for him to apply to the court for its advice and direction.
In the present case, I am not satisfied that it would conduce to the reformation or the happiness of this old lady, or be useful to her relatives, to place her under the cavé of those against whom she entertains a hostility, for doing that which it was their duty to do under the circumstances of this case. And as her property is sufficiently large to bear the expense of placing her in a situation where she can be entirely removed from temptation and will at the same time be treated with the utmost humanity and kindness, I shall direct that she be delivered up to her committee, and that he immediately place her under the care of Dr. White, at his institution at Hudson, and provide for her comfortable support at that place, until the further order of the vice chancellor of the first circuit in the premises. If Doctor White is unable to take her at his in
The order appealed from must be reversed ; and the committee is to be permitted to retain his costs on this appeal, and the costs of the application to the court below, out of the estate in his hands. An order must be entered in conformity to this decision; subject however to be modified by the vice chancellor from time to time, as he may judge expedient, as to the place where Mrs. Lynch shall be kept, and as to the mode of her treatment, and as to the discharge of the committee and the restoration of her property, whenever he shall think her so far reformed that there will be no danger of a relapse. The order must also direct the proceedings to be remitted to the vice chancellor, so that this decision may be carried into effect under his direction.