Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-08

natient be published In two OF the leading news.
| papers piinIel in such county.
| Sec. 35. lfany patient shall escape from any
asyum of this State, and return to the county from
whence he was committed, it shall be the duty oi
the sheriff OF such county, when notified by the su-
perlntendeLl tn forthwith arrest such patient and
return him to the asylum. for which services the
sheriff shall be allowed and paid suuh tees as shall
| be allowed by law for the commitment of Insane
persons 10 the asylum which fees slail be paid out
of the State treasury, on the certificate O ihe su-
perinten lent and warrant of the aUii!Or oi Stle.
| See 35 II the friends Ut any p1tien! shall ask
lhs discharge Of sn =; pa:ient from the asylum the
sgoar nte nden; may, in his discretion. require a
md 10 b. executed 10 the State of Ohio, IN such
sum ami with such sa-eties as he may deem prop
er, condiione ior the saie-ke ping % sue p1ieni
PROVIDED, that no patent W 10 may Ce u;.ier he
carc al OF convicted Of homicide, ShIil be dlscar'
ned without the consent oi the s.iperne e.dent and
the hoard OF trustees having the charge oi such asy
| lUm.
| Sec 81 For al debts due the luHatic asylumS O
IN. State an nc ion may he maintained in the name
of tn, uorinienent of the a-Ytum TO which such
debt Gl1y l- due and in such action the plaintiff
shall be styled Tile Superintendent Oi the Luna
| tic Asylum At -"
Sec 35. Prosecuting attorneys shall attend ID
all suits instituted in behalf OF the asy!uns of the
STATE. and shall he entitled 10 Il comp -nsAiiDn oi
five per cent na all sims collected tor the asyums.
SIC 50. The supefinien lents OF the several asy
iuns shll provide an official seal for such asy
lums, upon which shall he the words : Lunaiic Asy-
lam al l--- Ohio and the impression at
sail seal TO n certificate acco mt - which the
Signature of the superintendent is annexed shall he
prima facia evidence thai such signature Is the
proper hand writing OF the superin'enden'.
Sec 40. The taxable costs and expenses to be
aid under the provisions OF this act shall d. as in-
lows. To the probate Judge, with whom the aiil-
davt is filed. the sum OF dollars, for holding an
inquest under the provisions OF This aC; To the
medical witness who shall make ont the cert hcate
required in the seventeenth section OF this act two
dollars AMI witness ices, such as are allowed BY
law in other cases. To the witnesses and coBSt A.
bles the same fees as are allowed by law for like
services in otll-r cases To each person employed
by the probate judle to commit a lunailc to the
county intirmIry seventy-ilve cents per day. 10
the supernen lent OF the county lnIrnl1ry or iailOr,
for keeunu an idibt or ins1ne person. thirty five
cents per day. To the sheriff other person than
| an assistant for taking insane person 10 The
ASYLUM, removing one thereirom, upon the war
rant Of the probate Judge. mileage at The rae OF five
cnts per mile. going aud returning, and seventy
five Per day for the support OF each patient
his Journey to or from the asylum, AMI To each
sistant five cents per mile, and nothing more: the
number OF miles 10 be computed, i'll all cases, by
the nearest route travelled, and the costs specified
in this section, to he paid out of the county rreasu
upon the certificate ot the probate Judge amt the
order OF the county ruhtor.
| Sec. Al. The probate julge. upon satisfactory
proof that any person resi- lent OF the comfy hav
Ing legal settlement in any township thereof, is
an idiot unatc, and that il Is nece 'sary, in or
der preserve the property OF such IDIOT Iunatic.
shall appoint a guardian, which guardian shall by
virtue of such appointment be the guardian Of The
minor children of his ward, unless the court shall
appoint some ohcI person as their guardian.
Sec. AZ. That when any person having wife
shall he declared be iO or lunatic. shall be
,wtul for the probate judge to appoint the wife Of
such person his guardian il it be made to app t
the satisfaction of the Judge that she Is competent
| 10 discharge the duties of snch appointment and
any married woman appointed >tIch guardian shall,
in her said capacity, have power To enter into ot-
al bonds, and her sureties thereon shall be liable
il the same manner and to the same extent as
though said bond was execLted by teme sole.
Sec a., The court of proba'e, upon satisfacto-
nv proof that any person resident OF The county, or
| having settlement in any township therenf, is an
idiot or lunatic, may appoint guardian for such
idiot or lunatic.
Sec A. Such guardian shall, by virtue of such
appointment, be the guardian Of the minor childr n
of his ward, unless the court appoint some other
person as their guardian.
Sec. -. All laws relating Ia guardians for mi
nors and their wards and all laws pr ning out the
duii s. rights and liabilities of such guardians and
their sureiies, in force for The time being. shall be
applicable TO guardians for idiots and lunarics and
their children 80 lar as the same are IN con ormlty
with the provisions OF this act.
Sec 46 Such guardian may sue in his own
name describing himself rs gnarirn OF the ward for
whom he suas, and when his guardianship shall
cease by his death removal or otherwise, or by the
decease of his ward, any suit, action proceeding
then pending shall not abate, but his successor, as
guar ian such idiot iunalic 1t he be restored
I'd his reason. or the executor or administrator OF
such IDIOT or unatc the may require, shall
he made party 10 the suit or other proceeding, in
like manner as is or may be provided by law for
making an executor administrator party 10 a suit
or proceeding of like kind, where the plaintfdie
during It's pcndcncy.
Sec A Whenever the sale of the real estate
of such ward is necessary for his support, the
support of his family the payment of his debts,
such sale will be for the interest OF the estate Of
such idiot lnnatic, his children, the guarian
may sell the same under like proceedings as is or
may be required by law to authorize the sale of
real estate by the guardian of a minor
Sec. 4S. The guardian OF an IDIOT or lunatic,
whether appointed by court in This Stale else
where, may complete the real contracts o! his
ward, or any authorized contract OF guardian
who has died or been removed. III like manner and
hy like proceeding the real contract OF dece-
dent may under order of court be specifically
performed by his executor or atm nistrator.
Sec 49 Iftle estate of the IDIOT or lunaic is in
solvent or will probably he insO.vent, the SAME
shall lie settled by the guardian III like manner and
like proceedings mav be had as Is or may he re-
quired by law for the settlement of the insolven
tate of deceased person.
Sec so The foreign guardian Of n foreign idiot
or lunatic appointed in any other State of the Uni
led States or the Territories thereof, may possess.
manage dispose OF the real and personal estate
of his ward, situate in this State. in like manner
and with like authority guardians of idiots or u
naics appointed by the courts of this State, after
comply wing with the following requisitions: !. An
authenticated copy OF the tort IN commission OF
iaiocy or lunacy proved, allowed and recolded in
the county VIII such estate IS situate in like
ner as is or may be provided by law for the adnis-
sion to record of an authenticated copy of will
made in anv other of the United States. ,. Evil
dence satisfactory TO the court here before whom
such foreign commission Is approved. that such idi
ocy or lunacy stil continues. }. The foregoing
gu irdian shall file his bond with sureties residing
in this State or elsewhere, the acceptance of the
court conditioned for the faithful administration o.
his guardianship.
Sec 81 Whenever the probnte Judge shall he
satisfied thai alunatic is restored reason, or that
lett RS OF guardianship have been improperly issu
under this act, he shall make entry upon the
Journal that said qua dianship terminate; and the
guardianship shall thereupon cease, and the
counts OF the guardian shall be settled by the court
sec. 81. Il any person in prison, charged with
crime miSdemeanor whether In reetly clrcum-
stances or not shall any time before Indictment
j. found against him. at the request OF any ciizcnS,
be brought before an examining court i'll the man
ner provided by the act entitled "an act directing
the mode trial in examining courts bv whom such
courts shall he he d, and the manner of admi ttng
To hail IN criminal cases." passed March II, 1852,
and ii shall be found by the court that such person
was an idiot or was insane when he committed the
oencr the said at their discretion shall 2ro-
d. ..and the prisoner shall be dealt within like
manner as other idiots and unatcs are required TO
b, after inquest he'd.
Sec. So. II any person in prison SHALL after the
commission OF an offence and before conviction, be-
come insane, whether he be in needy circumsian-
ces not and whether Indicted or not, an examin-
ing court may he called in the manner proviiel in
the act tiftled ''an act directing the mode n trial
in examining courts by when such courts shall be
held. and the of admitting to bail in crimi.
nal cases" passed March r. 1859, and if such
court shall find that such person became insane af-
ter the commission of the crime misdemeanor of
which he stands charged indicted and is still in.
sane; the said shall proceed and the prisoner
shall for the time being, and until restored TO rea.
son. he dealt with in like manne' rs other lunaIics
are required to be after inquest had. Provided
however. that if such lnnaiic be discharged, the
bond given for his support and safe keeping shall
also be conditioned that said lunatic shall. when
restored 10 reason. answer 10 said crime or msde-
meanor, and abide the order Of the court in the
premises; and any such lunaiic may, wien restored
II reason, he prosecuted for any offence committed
by him previous to such insanity.
SEC 81 If the lunatip nentionnd in iba praco