7 AUGUST 1926, Page 15

A PREDICAMENT OF THE SANE

[To the Editor of the SPECTATOR.] SIR,—The Harnett Appeal was heard in the Law Courts on Wednesday, July 21st. In April last Mr. Harnett sued Dr. Fisher who had certified him insane in 1912. The jury con- firmed the fact of his sanity, and gave him £500 damages ; but redress was held to be barred by the Statute of Limita- tions, which requires that the action must be commenced within six years. This meant, in Mr. Harnett's case, within the period when he was incarcerated in an asylum. Had he admitted insanity, he might have claimed that the six- year limit only began to run from the date of his recovery ; but having maintained throughout that he was sane and had merely suffered from transient delirium, the Statute of Limitations is brought into force against him, to deprive him of his damages, a decision endorsed by the Court of Appeal. The decision has its curious aspects. It would appear to amount to this : that no sane man, if wrongly shut up for a period of six years, is entitled to bring ari action.—I am, Sir,