Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1850-07-08
Sac. al. Such guardian nav s,,e in his |


own name. describing himself as guardian
Of the ward for whom he sues, aud when
his guardianship shall cease by his death.
rsmovdl Or Otherwise, or by the disease
OF his ward, any suit, action or proceeding
then pending. shall not abale, but his sue
cessorr as guardian, or such idiot or lunatic.
il he be restored 10 his reason. or the exc
cu,or or administrator OF such idiot or lu-
natic, ms the case may require. shall be
made party to the suit, or other proceed
ing, in like manner as is or may be provi-
ded by law for making an. executor or ad-
mlnis,rutor party 10 sal, or proceeding Of u
like kind, where the plaintiff dies during
ITS pendency.
Sec A.. Whenever the sale Of the real
estate oil such ward is necessary for his
support, Or the support of his family, or
the payment Of his debts, or such sale will
be Tor The interest of the estate OF such idi.
ot or lunatc, OF his children, The guardian
: may sell the same under like proceedings
us is or may be required by law to author
ize the sale of real estate by the guardian
of a minor.
SEC. 43. The guardian Of an idiot or
lunatic, whether appointed by court in
this State or elsewhere, may complete the
real contracts of his ward, or any author.
,zed contract of guardian who has died
or been removed, in like manner, and by
like proceeding os the real crontracts Of u
decedent may under an order Of court, by
specifically performed by his executor or
administrator.
SEC. a.. If the estate of the idiot or ID
natic is insolvent, or will probably oe in-
solvent, the same shall be settled by the
guardian in like manner. and like proceed
ings may be had, rs is or may be required
. by law Tor The settlement oil the insolyent
estate ofn deceased person.
SEC. As. The foreign guardian OF for
eisn idiot or lunatic. appointed in any 9TH
er State of the United States or the Ter
rliories thereof, may possess. manage or
dispose Of the real and personal estate OF
his ward, situate in this State. in like man
iier. and with like authority as guardians
Of IDIOTS or lunatics appointed by The courts
OF this State, ufter complying with the fol-
lowing requisitioas
l. An authenticated copy Of The foreign
nnmssion of idiocy or lanacy proved,
allowed and recorded in Tie county where
such estate is situate, in ike manner as ia
or may be provided by law for the admis sion
to record Of an authenticated copy of will
made in any other of the United States.
2. Evidence satisfactory 10 the court
here, before whom such foreign commits
sion is approved. that such idiocy or luna
cy. still continues.
3. The foregoing guardian shall file his
bond with surelies residing is this State or
elsewhere, to The acceptance Of the court.
conditioned for the faithful administration
OF. his guardianship.
:: Sec. 46. Whenever the court Of common
pens. at any regular or special term there
nf, shall be satisfied that luna,ic is restor-
ed to reason, or that letters OF guardian
ship hive been improperly issued under
:his act they shall make en- entry upon
their journal tina, said guardianship termin-
ME; and The guardianship shall thereupon
cease. and the accounts of the guardian
shall be settled by the scour'.
V. IDIOTS AND LUNATICs IN JAIL OR UN-
DER SENTENCE AS CRIMINALS. &c.
SEC. Al. fany person in prison. charg-
Cd with crime or misdemeunor, whether in
needy circumstances or not, shall, at any
time brlore indictment is found against him.
nj the request of any citizen be brought
befnre All exam ming court in the manner
provided by The act entitled '.an act direct
ing the mode Of trial in criminal cases."
passed March 7th, 1881; (Collaied Stat.
724;) and if it shall be found by the court
mat such person was an idiot or was in
sane when he committed the offence, the
said court, a, their discretion, and the clerk
thereof, shall proceed. and the prisoner
shall be dealt with in like manner as other
fli,,s and luna;ics are required to be, after
inquest held by two justices.
SEC 49. Ii any person in prison, shall,
nlIer The commission of an offence and be.
fore conviction, become insane, whether
he be in needy circumstances or not, and
whether indicted or not, an examining
court may be called in the manner provi.
ded in the act entitled .'an act directing the
mode of trial in criminal eases," passed
March 7ih, 1881; (Collated Stat. 724;)
aud if such court shall 6Id that such per.
son became insane after the commission Of
the crime or misdeneanor Of which he
stands cburged or indicted, and is still in
zane, the said court and the clerk thereof,
shall proceed, and The prisoner shall for the
time being. and until restored to reason.
be deal, with in like manner as other lu-
nalics are required 10 be. after inquest had
by two Justices; Provided, however. that If
Auch lunatic be discharged. the bond given
ior bis suppor, and safe keeping. shall also
ba conditioned, that said lunatic, shall,
when restored to reason, answer to said
crime or misdemeanor. and abide the Of
der Of the court in the premises; and
my such lunatic may. when restored 10
reason. be prosecuted for any offence COM
mi'ied by him previous to such insanity.
SEC. 40. II the lunntic mentioned in the
preceding section. shall be confined in the
asylum or poor house. the superintendent
in whose charge he may be. shall, as soon
ms such lunaiic is restored 10 his reason,
give notice thereof to the prosecuting al
torney of the pruper county, and relain