LOW WATER MARK. That part of the shore of the sea to which the waters re- cede1 when the tide is the lowest. Vide High Water Mark; River; Sea Shore; Dane's Ab. h. t.; 1 Halst. R. 1.
LOYAL. Legal; according to law; as, loyal matrimony, a lawful2 marriage; at- tached to the existing law.
LOYALTY3. That which adheres to the law, that which sustains an existing government. See Penal4 Laws of China, 3.
LUCID5 INTERVAL6, med. jur. That space of time between two fits of insanity7, during which a person non compos mentis is completely restored to the perfect enjoyment9 of reason upon every subject upon which the mind was previously10 cognizant. Shelf. on Lun. 70; Male's Elem. of Forensic11 Medicine, 227; and see Dr. Haslam on Madness, 46; Reid's Essays on Hypochondriasis, 317 Willis on Mental Derangement12, 151.
2. To ascertain13 whether a partial restoration to sanity8 is a lucid interval, we must consider the nature of the interval and its duration. 1st. Of its nature.: "It must not," says D'Aguesseau, "be a superficial tranquillity15, a shadow of repose16, but on the contrary, a profound tranquillity, a real repose; it must not be a mere17 ray of reason, which only makes its absence more apparent when it is gone, not a flash of lightning, which pierces through the darkness only to render it more gloomy and dismal18, not a glimmering19 which unites night to the day; but a perfect light, a lively and continued lustre20, a full and entire day, interposed between two separate nights of the fury which precedes and follows it; and to use another image, it is not a deceitful and faithless stillness, which follows or forebodes a storm, but a sure and steady tranquillity for a time, a real calm, a perfect serenity21; without looking for so many metaphors22 to represent an idea, it must not be a mere diminution23, a remission of the complaint, but a kind of temporary cure, an intermission so clearly marked, as in every respect to resemble the restoration of health." 2d, Of its duration. "As it is impossible," he continues, "to judge in a moment of the qualities of an interval, it is requisite24 that there should be a sufficient length of time for giving a perfect assurance of the temporary reestablishment of reason, which it is not possible to define in general, and which depends upon the different kinds of fury, but it is certain there must be a time, and a considerable time." 2 Evan's Poth. on Oblig. 668, 669.
3. It is the duty of the party who contends for a lucid interval to prove it; for a person once insane is presumed so, until it is shown that he has a lucid interval or has recovered. Swinb. 77; Co. Litt. by Butler, n. 185; 3 Bro. C. C. 443; 1 Rep. Con14. Ct. 225; 1 Pet. R. 163; 1 Litt. R. 102. Except perhaps the alleged26 insanity was very long ago, or for a very short con- tinuance. And the wisdom of a testament27, when it is proved that the party framed it without assistance, is a strong presumption28 of the sanity of a testator. 1 Phill. R. 90;1 Hen. & Munf. 476.
4. Medical men have doubted of the existence of a lucid interval, in which the mind was completely restored to its sane25 state. It is only an abatement29 of the symptoms, they say, and not a removal of the cause of the disease; a degree of irritability30 of the brain remains31 behind which renders the patient unable to withstand any unusual emotion, any sudden provocation32, or any unexpected pressing emergency. Dr. Combe, Observations on Mental Derangement, 241; Halsam, Med. Jur. of Insanity, 224; Fodere, De Medecine Legale, tom, 1 , p. 205, 140; Georget, Des Maladies Mentales, 46; 2 Phillim. R. 90; 2 Hagg. Eccl. R. 433; 1 Phillim. Eccl. R. 84.
See further, Godolph. 25; 3 Bro. C. C. 443; 11 Ves. 11; Com. Dig. Testi-moigne, A 1; 1 Phil. Ev. 8; 2 Hale, 278; 10 Harg. State Tr. 478; Erskine's Speeches, vol. 5, p. l; 1 Fodere, Med. Leg. § 205.
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