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

Sag bhob 0ASa - @AA 1890
continues. 3. The foregoing guardian
shall file his bond with %sureties residing
in this State or elsewhere, to the accept
taucs of the court, conditioned for the faith
full administration of his guardianship.
Sec. 81. Whenever the probate judge
shall be satisfied that q lunatio is restored
to reason, or that letters of guardianship
have been improperly issued under this
act, he shall make an entry upon the journ-
al that said guardianship terminate ; and
the guardianship shall thercupon cease,
and the accounts of the guardian shall be
settled by the court.
SEc.52. If any person in prison, charged
with a 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 " an
act directing the mode of trial in examin-
ing courts, by whom such courts, shall be
held, and the manner Of admitting
to bail in criminal cases." passed
March II 1852, and if it shall be
found by the court that such person was
an idiot or was insane when he committed
the offence, the said court at their discre-
ton shall proceed, and the prisoner shall
be dealt with in like manner as other idi-
OTIS and ~lunaties are required to be after
inquest held.
SEC So. Ifany person in prison shall,
after the commission of an offence and be-
fore conviction, become insane, whether
he be in needy circumstances or not, and
whether indicted or not, an examining
court may be called in the names provi-
ded in the act entitled Gan act directing
the made of trial in examining courts, by
whom such courts shall b. held, and the
manner of admitting to bail in criminal
cases." passed March Il, 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 restor-
ed TO reason, be dealt with in like manner
as other Inmates are required to be after
inquest had. Provided, however, that if
such luDatic be discharged, the bond Civ
sn 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, be prosecuted for any offence
committed by him previous tosuch in
sanity.
SEC. 81. If the lunatic mentioned in
theprocceding section shall be confined in
the asylum or %infrmary, the superintend-
ent in whose charge he may be, shall, as
soon as such ~lunatic is restored to his
reason, give notice there Of to the prose
cutting attorney of the proper county, and
retain such lunatio in custody for such
reasonable time thereafter as may be nee
cssary fer said attorney to cause a capius
to Issue and 10 be served, and no longer;
and such capius may be issued upon pre-
cipe fled by said attorney with the clerk
of the court of common pleas, by virtue
whereof the said person SO restored to rea-
son, shall be again returned to the jail of
the proper county, to answer to the of
fence alleged against him.
Sec. So. When a person tried upon in
dictment, for any crimo CT 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.
SEC. SO. If the prisoner is not in needy
circumstances, and the court are satisfied
from the nature of the offence or otter-
wise, that it would be unsafe to permit
the prisoner to go at large, such prisoner
shall be dealt with in the manner provided
in the twenty. fifth section of this act.
SEC. 81. If the prisoner is in needy
circumstances, the probate judge shall
$1,000 81 a. xr1.o,o. el,ll H. ILL
with in like manner as other insane per-
sons arc required to be after inquest had,
as provided in the t~wenty-ffth section,
SEC. 5S. If any person after being con-
victcd Of any crime or misdemcanor, 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
tho State to inquire into the facts, and he
may pardon such l~unatie, or or
suspend, for the time being, the execu-
ton, in such manner and for such a peri
cd as he may think proper, and may by
his warrant to the sheriff Of the proper
county, or warden Of the Ohio Peniten-
tiary, order such lunatic to be conveyed
to the asylum, and there kept until re-
stored to his reason. If the sentence of
any such lunatie is suspended by the
Governor the sentence of the court shall
be executed upon him after such period of
suspension hath expired, unless otherwise
directed by the Governor.
SIC. SO. When any other person 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 asy-
lum, infirmary, or Jail or discharged, upon
bond being given for their safe keeping
and support or otherwise as in other cases.
SEC. 60. If tao probate judge, Sheriff
or any other person charged w0h duties
under this act shall neglect or refuse to
perform any such duties, he shall forfeit
a sum not exceeding fifty dollars, to he
recovered with costs by an action under
the act to establish n code of civil pro-
coAurc, passed March II, 1858, in the
name of the Superintendent, for the use
of the asylum in his district, or shall be
reAaoved from Office in the same manner
aslfor any other neglect of duty, and if
any insane person shall be conveyed 70 the
asylum, before the Superintendent sua1l
have given notice that he can be. received
as herein before provided, no fees or
co-Pehsation whatever shall be paid to
those by whom he was so conveyed.
SEC. Gl. If any person conveying a
patient to the asylum, under the proYis-
ions of this act, shall convey such patient
IN company with criminals going to the