Eaton Democrat. [volume] (Eaton, Ohio) 1843-1856, 1856-05-01


writing Of the superintendent.
SECTION 90. The taxable. costs and expen'
SEES tS-be paid under the provisions Of this act
shall be as follows: To thu probate judge
with whom the affidavit is filed, the sum o.
Two dollars, for holding an inquest under The
provisions OF this act. To the medical witneS;
who shall make outthe certificates :equired IN
the seventeenth section Of this act, two dollars
end witness fees such as are allowed by law
in other cases. To the witnesses aud coEsia.
bles the same fees as are allowed by law fol
like services in other cases. To each person
employed by the probate judge 10 commit a
lulatic 10 the county infTmary seventy five
cents per day. To the superintendent Of the
county infrmary or jailor, .or Keeping an idiot
or insane person, thirty-five cents per day To
the sheriff or other person than at assistant,
Tor taking an insane person TO the asylum, oil
removing one iherefrom, upon the warrant OIL
the probate judge, mileage at the rate Of five
cents per mile, going and returning, and sew
enty-five cents per day for the support of each
patient on his journey 10 or from The asylum,
and to each assistant five cents per mile, and
nothing more; The plumber OF miles to be com.
puted, in all cases, by the nearest route iIav-
eled, and the costs specified in this section, 10
be paid out Of the county treasury, upon the
certificate Of tie probate judge and the order oil
the county auditor.
.SEcrlos al. The probate Judge, upon sat
isfactory proofthat any person resident of the
county or having a legal settlement in any
township thereof, is an IDIOT or ~lunalie, and
.thatl 1t is necessary, in order to preserve the
property Of such idiot or ~lunatic, shall 0pEoinl
a guardian, which guardian shall by virtue OF
such appointment, be the guardian OF the mi
nor children Of his ward, unless the court
shall appoint some other person as their guar
dian.
SECTION 40. That when any person having
"A wife shall be declared 10 be an idiot or lu-
matte, It shall be lawful for the probate judge
10 appoint The wife Of such person, his guar
dian, III be made to appear 10 the satisfaction
OF The Judge that she is competent 20 discharge
The duties of such appointment, and any mar
lied woman appointed such guardian, shall, in
sher SAID capacity, have power 10 enter into Of
tlclal bonds, and her surelies thereon shall be
liable IN the same manner and 10 the same ex-
tent as though said bond was executed by a
.feme sole.
SECTION 40. The court Of probate, up IN
satisfactory proof that any person resident Of
the county, or having settlement in any town
ship thereof, is an idiot or ~lunatic, may ap-
l'Oihb q 6udIuidu v SUN lulUL VI iuldllC. |.H
SECTION al. Such guardian SHALL by virtue
OF such appointment, be the guardian of the
minor children 10 his ward, unless the court
appoint some other person as their guardian.
SECTION As All laws relating to the guar
dams for minors and their wards, and ell laws
pointing out ine dulles, rights and liabilities
Of such guardians and their %sureties, in force
for The time being, shall be applici BILE 10 guar
dinns for idiots and ,unaiics andtheir children,
SO Tar as the same are in conformity with the
provisions Of this act.
SEcTIoy 46. Such guardian may sue in his
own Eame describing himself as guardian Of
the ward for whom he sues, and when hls
guardianship shall cease by his death removal
or Otherwise, or by The decease of his ward,
any suit, action or proceeding then pending
shal not abate, bul his successor, as guardian,
or such idiot or %lunatic, if he be restored to his
reason, or The executor or administraior Of such
idiot or lunatic as the case may require, shall
be made marty to The suit or other proceeding,
In like manner as is or may be provided by
law Tor making an executor or administrator
parry 10 a suit or proceeding OF alike kind,
where the plaintiff dies during its tendency.
SEcTIoS AZ. Whenever the sale of the real
estate ofsuch ward is ne cessary for his support,
or the support Of his family or the payment Of
his debts, or such sale will be for The interest
oil the estate Of such idiot or ~iunatic, or his
c%hiidren, the guardian may sell the same I'M
der like proceedings as is or may be required
by law to authorize The sale Of real estate by
the guardian ola minor.
SECTION 48. The guardian Of an idiot or ID
nalic, whether appointed by q court in TX is
Slate or else where, may complete The real
contacts oil his ward, or any authorized con-
tract OF o guardian who has, died or been re-
moved, in like manner and by like proceeding
as the real contract Of q decedent may under
an order OF court be specifically performed by
his executor or administrator.
SECTION 40. II the estate OF The idiot or lu-
matte Is insolyent, or will probably be insol-
VEN, the same shall be settled by the guardian
IN IKE manner, aud like proceedings may be
had as is or may he required by law for The
settlement oflhe insolvent estste Of deceased
person.
SECTION 20. The foreign guardian Of a for.
eign IDIOT or lnnatic appointed IN any other
otate OF the United States or the Territories
thereoL may possess, manage or dispose OF The
real and personal estate of his ward, situate in
thls State, in like manner and with like au-
thorlly as guardians of IDIOTS or ~lunatlcs ap.
pointed by The courts of this Stale, after COM
plylng with the following acquisitions: /. An
authenticated copy of The foreign commission
Of idiocy or luaacy proved, allowed and recor
ded IN the county where such estate is stu
ate, in like manner as is or may be provided
~ law Tor the admission 10 record oil an au-
thenlicnled copy Of q will made in any other
ofthe United Safes. 2. Evidence satisfactory
TO the court here before whom such foreign
commission is approved, that such idlocy or
Sill continues. 3. The foregoing !
guardian shall file his bond with suretiessre. s
siding IN this Stale or elsewhere, 10 the &c |
OF the court, conditioned for the
faithful administration Of his guardianship.
SEcTIoN 81. Whenever The probate judge
shall be satisfied that a lunalic is restored 10
or tha. letters Of guardianship have !
been Improperly issued under this act, he
shall make all entry upon the journal that said .
guardianship terminatej and the guardianship
shall theTeupon cease, and the accounts Of The ;
shall be settled by the court. .
SECTION 81. IL any person in prison., chang =
I'd with a crime OF misdemeanor, whether in =
re edy circumstances or not, shall a. any time =
'efore Indictment is found against him, at the q"
equest of any citizen, be brought before an
Examining court in the manner provided by v
he act entitled "an act directing the mode OF A
in examining courts, by whom such courts p
hall be held, and the manner OF admitting TO Al
'ail in criminal cases. passed March 10, g
S52, and if it shall be found by the court Z
Ia n q @0uaI ~ N