Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1856-05-14

-ANAh a. NAou6n sAiu oAA AGCAscA y
E SECTION 20. The court ofprobate. upon satishctor!
proof that any person resident of the county, or hav
: ing settlement in any township thereof is an idiot o
isn1tie, may appoint a guardian for such idiot or 10
matte.
: SECTION a. Such guardian shall, by virtue Of sucl
/ appointment, he the guardian OF the minor children o
his ward. unless the court appoint some other perscl
as their guardian.
SEcTIoN45 laws relating to guardians for minor
and their wards. and all laws pointing out the duties
rights and liabilities Of such guardians and their sure
ties, i'm force for the time being, shall be applicable L
guardians for idiots and lunatics and their children. s.
fr as the same are ia conformity with the provision
OF this act.
SECTION 46. Such guardian may sue in his own nam,
I describing himself as guardian Of the ward for whom
he sues, and when his guardianship shall cease by hi
death, removal or otherwise, or by the decease Of hi
ward, any suit, action OF procee ling then peudin.
shall not aha.e, hut his successor, as guardian, or sucl
idiot or lunstic, If lie be restored TO his reason, or tn
executor or administrator Of such idiot or lunatic a
the case may require, shal be made party to the sui
o. other proceeding, in like manner as is or may b
provided 10y law for making an executor or administra
tor party to a suit or proceeding Of 4 like kind, Wher,
the plaintiff dies during its pendeney.
SECTION a. Whenever the sale OF the real estate o.
such ward IS necessary for his support, or the suppor
Of his family or the payment Of his debts, or such sal,
will be for the interest Of the estate Of such idiot or l1
matte, or his children, the guardian my sell the SAINT
under Ike proceedings as is or may he required BIZ Law
to authorize the sale Of real estate by the guardian Of
a minor.
SECTION AZ. The guardian of an idiot or IunstiC
whether appointed by a court in this State or elsewhere
may complete the real contracts OF his ward, or ans
authorized contract Of 4 guardian who has died oil
been removed, in like manner and by like proceeding
as the real contract Of 4 decedent may under an order
Of court be specifically performed ny his executor OIL
administrator.
SECTION 10 If the estate OF the idiot or lunatic is in.
solvent. OF will probably he insolvent, the same shall
be settled by the guardian in like manner, and like
proceedings may be had as is or may be required 10y
law for the settlement Of the insolvent estate Of a de-
ceased person.
SECTION 50. The foreign guardian of a foreign idiot
or lunatic appointed in any other State Of the United
States or the Territories thereof, may possess, manage
or dispose Of the real and personal estate Of his ward,
situate in this State, IL like manner AMI with like au-
thority rs guardians Of idiots or lunatics appointed by
the courts OF this State, after complying with the fol-
lowing acquisitions: !. An authenticated copy Of the
foreign commission of iliocy or lunacy proved, allow
ed and recorded in the county where such estate in sit
uate in like manner as is or may be provided by law
for the admission to record of an authenticated COPY OF
a will male in any other of the United States. .. xvi
dence satisfactory to the court here before whom such
foreign commission is Apr, we'd, that such idiocy or
lunacy still Continues. 2. The foregoing guardian
shall file his bond with sureties residing in this State or
elsewhere, to the acceptance of the court, conditioned
for the faithful administration Of his guardianship.
SECTION 81. Whenever the probate judge shall he
satisfied that a lunatic is restored to reason. or that
letters Of guardianship have been improperly issued
under this act, he shall make an entry upon the jour
nal that said NEUTRALITY-SUSPICIOUS. and the guardian
ship shall thereuaon cease, and the accounts of the
guardian shall be settled hy the court
SECTION %. II any person in prison. charged with
a crime or misdemeanOr, whether in need circumstan-
cs or not, shall at any time before indictment is found
d-alllS hlus at At request ol any NAllLcl. De Drought
before an examining court in the manner provided hy
the act entitled ian act directing the mode OF trial in
examining courts, by whom such courts shall he held.
and the manner of admitting to bail in criminal cases."
passed March 10, 1852, and If it shall be found by the
court that such person was an idiot or insane when
he CO mitted the offence. the said court At their discre-
ton shall proceed. and the prisoner shall he dealt with
in like manner as other idiots AM Inmates are requir
ed to Ire after inquest held.
SEXTON 80. If any person in prison shall. after the
commission Of an offence and before conviction. be-
come insane. whether he he in needy circumstances or
not, and whether indicted or rot, an examining court
may he called in the manner provided in the act enti-
tied " an act directing the mode Of trial in examining
courts. by whom such courts shall he held, and the man
ner Of admitting to hail in criminal cases passed
March -, 1852, and If such court shall find that such
persons became insane after the commission of the
and the prisoner shall for the time being. a3d until
or misiemeanor OF which, he stands charged or in
dicted. and Is still insanei the said court shall proceed,
restored to reason, be dealt with in like manner as 9TH
er lunatics are required to be after inquest had Pro
yided, however. that if such lunatic he discharged, the
bond 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, he prose
cuted for any offence committed by him previous to
such insanity.
SECTION 81. Ifthe Iunatic mentioned in the preceding
section shall be confined in the asylum or iufrmary,
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 ofthe proper
county, and retain such luuatic in custody for such req
sOnable time thereafter as may be necessary for said
attorney to cause a capius to issue and TO be served,
and no longer; and such capius may he issued uron
precipe filed by said attorney with the clerk Of the
court OF common pleas by virtue whereof the said Der
son so restored to reason, shall be again returned to
the Jail Of the proper county, TO answer to the offence
alleged against him.
SECTION -. When a person tried upOn Indictment,
for any crime or m-isdemeanor, shall lie acquitted on
the sole ground that he was insane, the fact shall lie
found by the jury m their verdict. and the prisoner
shall be dealt with as provided in the two following
sections.
SECTION sc. If the prisoner is not in needy circum-
stances and the court are satisfied from the nature of
the offence or otherwise, that it would be unsafe to per.
the prisoner to go at large, such prisoner shall he
dealt with in the manner provided in the fifth
section OF this act.
sEcrJox 81. II the prisoner is in needy -circumstan-
the probate judge shall proceed, and the prisoner
shall be dealt with in like manner as other insane per-
sons are required TO be after inquest had, as provided
in the twenty-ffth section.
SECTION IS. Ifany person. after being convicted of
crime or m-isdemeanor, and before the execution
in whole or in part Of the sentence Of the court, become
insane, it shall be the duty Of the Governor Of the State
o inquire into the facts, and he may pardon suchluna-
or conn ute or suspend, for the time being, the ex-
ecution, in such manner and for such a period as he
nay think proper, and may by his warrant to the sheT- J
II Of the proper county, or warden Of The Ohio Peni-
entiary, order such lunatic to he conveyed to the Asy-
AMI there kept until restored 20 his reason. little
sentence Of any such lunatic is suspended by the Gov
.rnOr the sentence Of the court shallbe executed upon 4
lin after such period of suspension hath expired, IN
ess otheI wise directed by the Governor.
SECTION 50. When any other persons than those de-
crib. d in the seven preceding sections shall lie con
in Jail, and shall be insane. they may he proceed
"a against by the probate judge, and sent to the asy-
iyen for their safe keeping and support or otherwise
5 in other cases.
SECTION 60. If the probatejudge. sheriff orany other
charged with duties under this act shall neglect
IT refuse to perform any such duties. he shall forfeit a
am not exceeding fifty dollars. to be recovered with
Icy an action under the act to establish a code Of
procedure. passed March II. 1853, in the name Of
he Superintendent, fer the use Of the asylum in his
district, or shall be removed from Office in the same
nan ar ua Co. anw r#LaE - - I-H- - - -N
insane person shall lie conveyed to the asylum. before
he superintendent shall have given notice that he can
e received as herein before provided, no fees or com
'enSation whatever shall be paid to those by whom he
ras so conveyed.
SECTION 81. If any person conveying patient to the
sylum, under the provisions Of this act, shall convey
uch patient in company with criminals going to the
or shall suffer such patient to drink ar
lent spirits, the person so conveying him, and his as
istantS, shall forfeit all claim to The Compensation al
owed them by this act, and, moreover, shall be liable
the penalty prescribed in section sixty Of this act.
SECTION o.. The board OF County commissioners may
any sum not exceeding fifty dollars per year, to
e paid out Of the county treasury. for the support Of
ny IDIOT OF lunatic having a legal settlement in any
Ownship Of the county, and who is not supported, by
he county in the Jail or ~infrmaIy.
SECTION 60. The terms insane or lunatic. as used in
act, include every species Of insanity or mental
engagement. The term idiot is restricted to a person
polish from birth, one supposed to be naturally with
ut 4 mind. A person with a family is one who has a
rife and child. or either. The words needy circum-
tances, as used in the ffty-seyenth section Of this
- @HAAA ~ a~A& - III 10y ~ @@@A ~ @0AM a. Tx Q
in the fifty second section Of this act, and
hen applied to a person without 4 family. shall mean
ne whose estate, after payment OF his debts and ex-
from the estimate such part of his estate as is
xempt from execution, is worth less in cash than 1--WE /
undred dollars; and the same words, when applied TO
person having a family, shall mean one whose estate,
as aforesaid. is worth less in cash, after pay
Of his debts and the support Of his family for one
than one thousand dollars Provided, that when
he said words are applied to a married woman, her es
and that Of her husband, shall be estimated as
fOresaid, and the amount shall determine the ques-
en- as aforesaid, whether she be in needy circumstan-
es or not. within the meaning of his act.
SECTION 81. If there he no physician employ ell for a {
tated time 10 attend the jail or infrmary, the Judge I
ay employ a physician to attend any idiot or lunatic {
1nfned therein, and the ply stefan so employed shall I
.ceive a compensation not exceeding the rale Of two l
pillars per day. Provided, that the county commits {
oners may If they dee u it proper, increase or dimin-
n the same, which compensation shall, in all such
be paid out Of the county treasury. |
SECTION 65. All laws in force in relation to the "Ohio
unatic Asylum" shall apply to all the Asylums here $
named. O
SECTION &C. The several Boards Of Trustees having d
large ofthe several Asylums herein named shall CON i
nue. in charge of the said Asylums with all the pow a
s they now possess until the several boards herein t
royided for shall meet and organize. :
SECTION O.. The salaries Of the superintendent ard d
her officers contemplated in this act shall he the same N