The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1850-07-01
als q real estate y the guardian Of 4 mi,

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contfnctsof his ward, or any authorized con-
tmct Of guardian who has died or been
removed, in like manner, and BY like pro-
ceeding as the real contracts Of q decedent
may, under On order Of court, be specifcal-
y performed BY his executor OF admins
traitor.
Src. a.. II the estate Of the idiot or lu-
natic is insolyent, or will probably be insol-
vent, The same shall be settled BY the guar
dian in like manner, and like proceedings
may be had, as is or may be required by law
for the settlement Of the insolvent estate Of
deceased person.
SEc. As. The foreign guardian Of a for
eign idiot or funatic, appointed in any other
State Of She United States or the Territories
thereof, may possess, manage or dispose Of
the real and personal estate Of hi5 ward,
situate in this State, in like manner, and with
hhe authority as guardians Of idiots or lu-
mites appointed By the courts Of this State,
after complying with the following requisi-
ti0ns:
I. An authenticated copy Of the foreign
commission of idiocy or lunacy proved, al
lowed and recorded in the county where
such estate is situate, in like manner as is
or may be provided by law for the admission
to record Of an authenticated copy OF q will
made in any other Of the United States.
2. Evidence satisfactory to the court
here, before whom such foreign commission
isapproved, that such idiocy or lunacy, still
continues.
3. The foregoing guardian shall file his
bond with sureties residing in this State or
: elsewhere, 10 the acceptance of the court,
conditioned for the faithful administration
Of his guardianship.
SIC. 46. Whenever the court OF COM
mon pleas, at any regular or special term
thereof, shall be satisfied that lunatic is re-
stored to reason, or that letters Of guardian
ship have been Improperly issued under this
act, they shall make an entry upon their
Journal that said guardianship terminate; and
The guardianship shall thereupon cease, and
the accounts Of the guardian shall be settled
by the court.
v. IDIOTS AND LuNATIcs IN JAIL, OR UNDER
SENTENCE AS CRIMINALS, &c.
SIC. AZ. If any person in prison, cllsrg-
ed with crime or misdemeanor, whether in
needy circumstances or moi, shall, at any
time before indictments found against him,
It the request Of any citizen be brought be-
fore an examining court in the manner pro-
vided by the act entitled can act directing
the mode Of trial in criminal cases." passed
March 9TH, 1881; (Collated Stat TAI and
II il shall be found by the court that such
person was an idiot or was insane when he
committed the offence, the said court at
their discretion, and the clerk thereof, shall
proceed, and the prisoner shall be dealt with
In like manner as other idiots and lunatics
. are required to be, after inquest held by two
Justices.
SIC. 48. If any person in prison, shall,
after the commission Of an offence and be-
fore conviction, become insane, whether he
be in needy circumstances OF not, and wheth-
er indicted or not, an examining court may
be called in the manner provided in the act
entitled " an act directing the mode Of trial
in criminal cases." passed March 9TH. 1881; |;
(Collated Stat. 724;) and if such court shall
find that such person became insane after the
commission of the crime or misdemeanor of
which he stands charged or indicted, and is
still insane, the said court and the clerk
thereof, shall proceed, and the prisoner shall
for the time being, and until restored to rea-
son, be dealt with in like manner as other
lunatics are required to be, after inquest had
BY two Justices; Provided, however, that if
such lunatic be discharged, thesbond given
for his support and safe keeping, shall also
be conditioned, that said lunatic, shall, when
restored to reason, answer to said crime or
misdemeanor, and abide the order of the
court in the premises; and any such lunatic
may, when restored to reason, be prosecut-
ed for any offence committed by him previ-
Gus TO such insanity.
SEC. 40. If the luratic mentioned in the
preceding section, shall be confined in the
asylum OF poor house, the superintendent in
whose charge he may be, shall, as soon as
such lunatic is restored to his reason, give
notice thereof to the prosecuting attorney Of
the proper county, and retain such lunatic
in custody for such reasonable time thereaf-
ter as may be necessary for said attorney to
cause q capias to issue and to be served, and
no longer; and such capias may be issued
upon precipe, filed by said attorney with the
clerk Of the court Of common pleas, by vir-
tue whereof, the said person SO restored to
reason, shall be again returned to the jail Of
the proper county, to answer to the offence
alleged against him.
SIC. SO. When person tried upon in.
iictment for any crime or misdemeanor,
shall be acquitted on the sole ground that he
was insane, .he fact shall be found by the
jury in their verdict, and the prisoner shall
be dealt with as provided in the two follow
ing sections.
SEC. 81. II the prisoner is not in needy
circumstances, and the court are satisfied
from the nature Of the offence or other
wise. that it would be unsafe to permit the
prisoner to 20 at large, such prisoner shall be
dealt with in the manner provided in the
twenty-eighth section Of this act.
SIC. SO. If the prisoner is in needy cir.
cumstances, the court and the clerk Of the
court shall proceed, and the prisoner shall be
dealt with in like manner as other insane
persons are required to BE-, after inquest had
81 the Justices.
SIC. so. II any person after being con-
yicted Of any crime or misdemeanor, and
before the execution in whole or in part, Of
The sentence Of the court, become insane, it
shalI be the duty Of The Governor Of the
Etate. TO inquire into the facts, and he may
pardon such lunatic, or commute or suspend
ior ne time being, the execution, in such
manner and for such period as be may think
proper, and may, by his warrant TO the sher-
ff az the proper county, or Warden Of the
Ohio PcniteniiaEy, order such lunat tic to be
conveyed 10 the asylum, and there kept until
---l z.s.1 A., H. xeacon IL the eantenca Of