The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-06-11

real contract Of . decedent may under an Or
der Of court be specifically performed by his
executor or administrator.
r 8scrzoN 40. IF the estate of the idiot or
iuhatic is insolvent, or viii probably be insol-
vent, the same shall be settled blythe guardian
In like manner, and Like proceedings may be
had - is or may be required by law for the
settlement of the insolvent estate of q deceas-
ed person.
Sscrrox so. The foreign guardian of a for
eign 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, in like manner and with like author
ity as guardians of idiots or lunatics appointed
by the courts of this State, after complying with
the following acquisitions: ]. An authentica-
ted copy of the foreign commission of idiocy
or lunacy proved, allowed and recorded in the
county where such estate is situate, in like
manner as is or may be providedby law for the
admission to record of an authenticated copy
of . will made in any other of the United
States. 2. Evidence satisfactory to the court
here before whom such foreign commission is
approved, that such idiocy or lunacy still con-
tinues. 8. TIL foregoing guardian shall file
his bond with sureties residing in this state or
elsewhere, to the acceptance of the court, con-
ditioned for the faithful administration of his
guardianship.
; SRcrIos 81. Whenever the probate judge
shall be satisfied that a lunatic is restored to
reason, or that letters of guardianship have
been improperly issued under this act, he shoH
make an entry upon the journal that said guar
dfanship terminate; and the guardianship shall
thsreupon cease, and the accounts Of the guar
dian shall be settled by the court.
sECrios 81. If any person in prison, charg-
Cd with . crime or misdemeanor, whether in
needy circumstances or not, shall at any time
before Indictment is found against him, at the
request Of any citizen, be brought before an
examining COURT in the manner provided by the
act entitled aan act directing the mode of trial
In examining courts, by whom such courts shall
be held, and the manner of admitting to bail
In criminal cases. passed MARCH IL, 1852, and
n il shall be found by the court that such per-
SON was an idiot or was insane when he COM
mitted the offence, the said court at their dis
erection shall proceed, and the prisoner shall
be dealt with in like manner as other idiots
and ~lunatics are required to be af'er inquest
held.
=. Section IS. If any person in prison shall,
after the commission of an offence and before
conviction, become insane, whether he be in
needy circumstances or not, and whether in
dicted or not, an examining court may be call
cd in the manner provided in the act entitled
can act directing the mode of trial in exam
lining courts, by whom such courts shall be
held, and the manner Of admitting to bail in
criminal cases. passed March II, 1852, and if
such court shall find that such person became
insane after the commission of the crime or
misdemeanor of which he stands charged or
Indicted, and Is stillinsane; the said court shall
proceed, and the prisoner shall for the time
being, and until restored to reason, be dealt
with in like manner as other ~lunatics are re-
Quired to be after inqnest had. Provided, how
ever, that IL such iunatic be discharged, the
bond given for his support and safe keeping
shall also be conditioned that said iunatic shall,
when restored to reason, answe to said crime
or misdemeanor, and abide the order of the
court in tho premises; and any such lunatic
may, when restored to reason, be prosecuted
for any offence committed by him previous
to such insanity.
SEcrios 81. If the lunatic mentioned in the
preceding section shall be confined in the asy-
1um- or infrmary, the superintendent in whose
charge he may be, shall, as soon as such luna
tic. is restored to his reason, give notice thereof
to the prosecuting attorney of the proper coun-
", and retain such lunatic in custody for such
reasonable time thereafter as may be necessary
for said attorney to cause q capias to issue and
to be served, and no longer; and such capias
may be issued upon precipe filed by said attor-
ney with the clerk of the court of common
plcas~by virtue whereof the said person SO re-
stored to reason, shall be again returned to the
Jail Of the proper county. to answer to the
offence alleged against him.
SEcrIoS SIS. When aperson tried upon in
dictmert, for any crime or misdemeanor, shall
be acquitted on the sole ground that he was.
insane, the fact shall be found by the jury in
their verdict. and the prisoner shall be dealt
with as provided in the two following sections.
sEcrios So. If the prisoner is NOS in needy
circumstances, and the court are satisfied from
tho nature Of the offence or otherwise, that it
would be unsafe to permit the prisoner to go.
atlarEe, such prisoner shall be dealt with in
the manner provided in the twenty-ffth sec
ton Of This act.
sSkcrrox 81. If the prisoner is in needy cir
cumstances, the probate judge shall proceed,
and the prisoner shall be dealt with in like
manner as other insane persons are requiredto
be after inquest had, as provided in the TWEEN
section.
SECTION S.. IL any person, after being con-
victed of any crime or misdemeanor, and be-
fore the execution in whole or in part of the
oil the court, DecOtuc lnsauc, IL sud
be- the duty of the Governor of the State, to
inquire into the facts, and he may pardon such
or commute or suspend, for the time
being, the execution, in snch manner and for
such . period as he may think proper, and may
his warrant to the sheriff of the proper
county, or warden of the Ohio Penitentiary,
order such lunatic to be conveyed to the Asy-
lum, and there kept until restored to his rea-
son. II the sentence of any such lunatic is
suspended by the Governor the sentence of the
court shsll be Executed upon him after such
period Of suspension hath expired, unless other
wise directed by the Governor.
SscrroS 50. When any other persons than
those described in the seven preceding sections
shall be confined in jail, and shall be insane,
they may be proceeded against by the probate
Judge, and sent to the asylum, infrmary, or
jail, or discharge1 upon bond being given for
their safe keeping and support or otherwise Is
In other cases.
sEcr1os so. If the probate judge, sheriff or
any other person charged with duties under
this act. shall neglect or refuse to perform any
such duties, he shall forfeit a sum not exceed
inc fffv dollars tn he recovered with costs by