The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-04-30

OF tue superintendent, ana warrant OF tue
auditor of State.
SEQ. Sc. If the friends of any patient
shall ask the discharge of such patient
from the asylum, the superintendent may,
in his discretion, require a bond to be exc
cuted to the State of Ohio, in such sum
and with such s~ureties as he may deem
proper, conditioned for the safe keeping
of such patient. Provided, that no pa
tient who may be under the charge of or
convicted Of homicide, shall be discharged
without the consent of the superintendent
and the board of trustees having the
charge of such asylum.
SEC. 81. For all debts duo the luna.
tic asylums of the State, an action may be
maintained in the name of the superin-
tendent of the asylum to which such debt
may be due, and in such action the plain
tiff shall be styled " The Superintendent
of the Lunatic Asylum at --"
SEC. SO. Prosecuting attorneys shall
attend to all suits instituted in behalf Of
the asylums of the State, and shall be en-
titled to a compensation of five per cent.
on all sums collected for the asylums.
SEC. 80. The superintendent of the
several asylums shall provide IN Official
seal for such asylums, upon which shall
be the words " Lunatic Asylum at,
Ohio" and the impression of said seal to
a certificate or account, to which the sig
nature of the superintendent is annexed,
shall be prima facia evidence that such
signature is the proper hand writing of
the superintendent.
SEC. 40. The taxable costs and cxpen-
ses to be paid under the poryisions of
this act, shall be as follows To the
probate judge, with whom tho affidavit is
fled, the sun of two dollars, for holding
an Inquest under the provision of this act.
To the medical witness who shall make
out the certificate required in the seven
teenth section of this act, two dollars and
witness fees, such as are allowed by law
in other cases. To the witnesses and con-
stables the same fees as are ellowed by law
for like services in other eases. To each
person employed by the probate judge to
commit a luDatic to the county infirmary
seveDty-fYe cents per dsy. To the super
intendont of the county inirmary orjailor
for keeping an idiot OF insane person, thir-
ty-fye cents per day. To the sheriff or
other person than an assistant, for taking
an insane person to the asylum, or remove
ing one therefron, upon the warrant of the
probate judge, mileage at the rate Of I've
cents per mile, going and returning, and
seventy-fvc cents per day for the support
of each patient on his journey to or from
the asylum, and to each assistant five cents
per mile, and nothing more; the number
of miles to be computed, in ali cases, by
the nearest route travelled; and the costs
specified in this section, to be paid out of
the county treasury, upon the certificate
of the probate judge and the order of the
county auditor.
SEC. Al. The probate judge, upon salts
factory proof that any person resident of
the county-or having a legal settlement
in any township thereof, is an idiot or lu-
matte, and that it is necessary, in order to
preserve the property ofsuch idiot or lu-
matte, shall appoint a guardian, which
guardian shall by virtue of snch appoint
mont, be the guardian of the minor chill
dren Of his ward, unless the court shall APP
point some other person as their guar
dian.
SEC. II. That when any person having
a wife shall be declared to be an idiot or
it shall be lawful for the probate
Judge to appoint the wife of such person
his guardian, if it be made to appear to
the satisfaction of the judge that she is
competent to discharge the duties of such
appointment, and any married woman ap-
such guardian, shall, in her said
capacity, have power to enter into official
bonds, and her s~ureties there on shall be
in the same maner and to the same
extent as though said bond was executed
by a feme sole.
Sec. 43. The court of probate, upon
satisfactory proof that any person reiident
of the county, or having settlement in any
township thereof, is an idiot or ~lunatic'
SEC. Al. Such guardian shall, by yir-
tue of such appointment, be the guardian
OF the minor children of his ward, unless
the court appoint some other person as
their guardian.
SEC. As. All laws relating to guaYdi-
ans for minors and their wards, und all
laws pointing out the duties, rights and
of such guardians and their sure
in force for the time being, shall be
applicable to guardians for idiots aud
and their children, so for az the
same are in conformity with the provisions
Of this act.
SEC. IS. Such guardian may sue in his
own name describing himself as guardian
of the ward for whom he sues, and when
his guardianship shall cease by his death
or otherwise, or by the deccase Of
his ward, any suit, action or proceeding
then pending shall not debate, but his
successor, as guardian, or such idiot or lu-
matte, if he be restored to his reason, or
The executor or administrator of such idiot
or lunatic as the case may require, shall
be made party to the suit or other proceed
in like manner as is or may be provi-
led By law for making an executor or ad-
ministrator party to a suit. or proceed
of a like kind, where the plaintiff dies
its tendency.
SEC. AZ. Whenever the sale Of the real
of such ward is necessary for his
or the support of his family or
the payment fhis debts, or such sale will
be for the Interest of the estate Of of such
idiot or l%unatic, or his children, the guar
dian may sell the same under like proceed.
as is or may be required by law to
authorize the sale Of real estate by the
guardian of a minor.
SEC 48. The guardian ofan idiot or lu-
matte, whether appointed By a court in
this State or elsewhere, may complete the
real contracts Of his ward, or any author
lied contract of a guardian who has died
Or been renewed, IN like mannc and by
like proceeding as the real contract of a
decedent may under an order Of court be
specifically performed by his executor or
administrator.
O., 1n TE .I.G-G