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Essays and addresses

To the medical man the insane person is a sick man to be treated for his disease, and it is a matter of indifference whether he is a criminal or not; to the Judge it is a matter of indifference whether a prisoner or a litigant be insane or not, the question is, is he capable of making a contract, is he responsible for his acts " There are, as a rule, only three cases in which want of mental capacity will come in question: responsibility for crime, cap- acity to make a will, and capacity to enter into a contract.

Curi- ously enough, it is only in the first that we find medical men finding fault with the law.

In the other cases I have never seen or heard of any complaint.

Xor has there been any complaint that those supposed to be insane are civilly liable in damages for their acts, just as one who unintentionally struck another would be.

It is only when responsibility criminally for acts comes in question that we find any collision of views; and that I ven- 7 The quotation is from an article of my own, written at the request of the Honour- able the Provincial Secretary, but at the instance of my dear friend, Dr Bruce Smith.