Ex parte Scudamore

Citations

• 55 Fla. 211

Syllabus

<p>CONSTITUTIONAT LAW— LUNACY-COUNTY JUDGE’S COURTS ÜAVB Jurisdiction of—Due Process of Law—Jury Trial in Lunacy Proceedings. Sections 1200—1201—1202 and 1203 General Statutes of 1906, Constitutional.</p> <p>1. Sections 1200, 1201, 1202 of the General Statutes of 1906 and section 1203 of the same as amended by Chapter 5706 Laws of 1907, do not violate section 17 of Article 5 of the Florida constitution in conferring upon county judges’courts jurisdiction to inquire into the alleged insanity of persons, and to commit lunatics to the insane asylum, and to appoint guardians for them. Neither do said provisions of law violate section 3 of the Declaration of Rights in our constitution, in not providing for a jury trial in such lunacy proceedings. The latter provision of our constitution was not' designed to extend the right of jury trial, but merely secures such right in those cases in which it was matter of right before the adoption of the constitution. Neither do said sections of our laws violate section 1 of Article 14 of the Federal Constitution, nor section 12 of the Declaration of Rights in the Florida constitution in the respect of depriving the citizen of his liberty and property without such notice as is demanded by due process of law. The provision in said sections requiring th§ personal presence of the alleged lunatic is sufficient notice to him to fulfill the requirements of these provisions of the Federal and State constitutions.</p> <p>2. Sections 1962, 1963, 1964 and 1965 of the General Statutes of 1906, making provision for the filing of a bill in equity by any relative or friend of any adjudged lunatic, at any time, to have his sanity inquired into by the Chancellor, and providing for his immediate release, and restoration to him of his property if found upon such inquiry to be sane, is, of itself a sufficient protection of the liberty of the subject to meet the constitutional requirements of due process of law, even though no sort of notice to the lunat