The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-05-31

refuse to receive tho same, or shall neglect
for the space Of twenty days after receiving |
the warrant, TO demand such patient Of the
superintendent the patient shall be charged
from the cate Of the notice TO the clerk until
his removal, at the same rates as pay patients,
and the amount of such charges may be re-
covered in an action Of assumpsit upon the
common counts, with costs of suit in the
name of the superintendent, against the clerk
or sheriff so offending. ..s,rs.,.
/ SEC. 81. When state patient is dschar-
gcd as cured, the superintendent may furn-
ish him with suitable clothing, and sum of
money not exceeding twenty dollars if he
deems it necessary
SEC. 33. No IDIOT shall be admitted into
the asylum, and every such patient therein
shall be discharged, aud no lunatic under
tie age of seven years shall be admitted. 81
SEC. 81 If application shall be made for
The admission of more patients than the in
stitution can receive, a selection shall be made
as Follows:
lst. Recent cases, G.e) where the dis
ease is of less than one years duration,
shall have The preference over all others IN
the same county.
I'd. Chronic cases, ii. e) where the dis
ease is of more than one year's duration,
presenting the most favorable prospect Of
recovery, shall be next preferred.
3D.. Those for whom applications have
been longeston file, other things being equal,
shall be next preferred. ...
4th. No county shall have in the instltu-
ton more than its just proportion according
to Its population. r,t Us. .t -e
5th. No distinction shall be made between
pay patients and State patients.
SEC. 35. Pauper idiots and lunatcs, not
within the provisions Of this act, and those
discharged from the asylum, shall be pTovis
ded for in the same manner as other poor.
SEC. SO. When any State patient dis
charged from the asylum as cured, shall a.
gain become insanei any respectable physl-
clan may file with the clerk of the court OF
common pleas, certificate setting forth the
recurrence Of the disease; and such facts and
suggestions relating thereto, as he may deem
materialj Upon receiving such certificate,
the clerk shall Immediately transmit a copy
thereof, authenticated by his official seal to
the uperintendent, and theroupon the same
proceedings shall be had in all respects as
when the certificate Of the justice holding
the inquest was transmitted.
SEC. 81. When any person shall be con-
fined as insane, a writ Of habeas corpus may
be issued as in other cases, for discharge
and the question of insanity shall be decided
at the hearing; Provided that if the Judge
shall decide that the person is insane, the
decision shall be no bar to the issuing of an
other writ, whenever it shall be alleged that
such person has since been restored to rea'
son.
IlV. OF GUARDIANS OF IDIOTS AND LUNATICS
Sec. 3S. The court of common pleas al
any general or special term, and upon salts
factory proof thatany person resident OF the
county, or having settlement in any town
ship thereof, is an idiot, OF lunatic, may ap'
point guardian for such idiot or lunatic.
SEC. 80 Such guardian shall, by virtue O
such appointment, be the guardian of the mi
, nor children of his ward, unless the cour
, appoint some other person as their guardian
SEC, 40. All laws relating to guardian
: for minors and their wardsianda all laws point
ing out the duties, rights md liabilities o
such guardians and their suretles, in force
, for the tiuie being, shall be applicable It
guardians for idiots aud lunatcs and thel
, children, so far as the same are in conform
ity with the provisions Of this act.
SEC. Al. Such guardian may sue in hi
, own name, describing himself as guardian
of the ward for whom he suesi and when hi
guardianship shall cease by his death, re
r,l, hty thn If hi
f ward, any suit, action or proceeding lheI
pending, shall not abale, but his successor a
guardian, or such idiot or lunatlc, if ho b.
restored TO his reason, or the executor or ad
mnistraor of such idiot or lunatlc, as tn
case may require, shall be made party to tn
. suit, or other proceeding, in like manner d
is or may DO provided by law for making IL
executor or administrator party TO suit
proceeding of a like kind, where the plainti
dies during lis pendency. ....-...
T. SEC. ~. Whenever the sale of the reo
estate OF such ward is necessary for his sur
o port, or the support of his family, or the pay
+ ment of his debts, or such sale will be for III
e interest of the estate of such idiot or lunatic
u or bis children, the guardian may sell tn
:, same under like proceedings as is Or may
a required by law to authorize the sule Of RET
u estate by the guardian of MINOR.
SEC. 43. The guardian ofan idiot or
!; lunatic, whether appointed by courtin TIL
{ State or elsewhere, may complete the RET
!, contracts oihs ward, or airy authorized col
u tract of guardian who has died or been re
+ moved, in like manner, and by like proceed
y ing as the real contracts of adescedent may
'' under an order of court, by specifically pei
y formed by his executor or administrator
= SEC, Al, If the estate Of the idiot or il
: natic is insolvent, or will probably be inso
c vent, the same shall be settled by the guar
y dian in like manner, and like proceeding
may be had, as is or may be required by la,
for the settlement of the insolvent estate {
e deceased person,
y SEC, 45. The foreign guardian Of fol
! eign idiot or lunatic, appointed in any othe
" State of the United States or the Territorie
9 thereof, may possess, manage or dispose, c
X the real and personal estate Of his ward, situ
i ate in this State, in like manner, and wit
0 like authority as guardians of idiots or luna
IS tics appointed by the courts of this State, a
. ter complying with the following requis
u tions:
u 1. An authenticated copy of the foreig
commission o! idiocy or lunacy proved, a
9 lowed and recorded in the county where sue
o estate is situate, in like manner as is or ma
i be provided by law for the admission to re
cord of an authenticated copy of will mad
| IN any other of the United States.
, 2. Evidence satisfactory to the court here
| before whom such foreign commission is az
, proved, that such idiocy or ldnacy, still COT
tlnues.
3. The foregoing guardian shall file hi
! bond with sufeties residing in this State {