Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-28

infant should arrive at legal age, and
that that period has not arrived. Where
a commitment has, in fact, baen execu-
ted by person authorized by this act
to execute it, the existence of the Cir
cumstances justifying It's execution,
shall not be otherwise exan,inable than
in an action egainst the directors of
such house of refuge, as praEided in
| this act.
SEC. 90. If any parent, guardian,
Or master, to whom an infant has been
apprenticeG, any person occupying the
| position of parent, protector o. guardian,
! in fact, CT any relative by blo0d or mar
riaee, not further remote than first
cousin TO such infant, shall feel agrieyed
by the commitment of any infant to the
directors OF house of refuge, by any
person authorized by this act to commit
such infant, he shall make a written ap-
plication to the directors, at such time
as the directors may by rule or resolu-
| ton provide for hearing applications,
not later than the next regular meeting
of the board, to have the infant delivered
to him which application shall state
the ground CT the applicants claim to
the custody of such infant, and the
reasons for claiming such custody.
Within ten days after hearing such ap
plication the directors shall decide; and
if they shall be of opinion that the vel
fare of such infant will &c promoted By
granting the application, they shall
make an order to that effect; otherwise,
they shall decline the application. The
applicant may thereupon, upon first
giving security for the payment Of all
costs, commence an action in the Court
of Common Pleas Of the county, or in
counties in which there may be supe-
rior court, in the Superior Court, for
the recovery of the custody cf such in
FAINT, against the directors of the house
of refuge; which action shall be con-
Quoted in all respects as otller actions
are conducted under the code of civil
procedure. The cost of such action
Shall be paid by the applicant, unless
the count shall certify, before the sign
ing of the judgment, that the refusal of
the directors to grant the application of
the plaintiff was plainly unreasonable,
or the original commitment manifSstly
improper and unnecessary.
SEC 21. The directors of any house
of refuge shall have power to negotiate
for the sale of any real estate owned or
held by donation OF purctS-e-,- or both,
for the use and benefit of such house of
refuge, when such real estate shall not
be necessary for the accommodation Of
the inmates of such house of refuge !;
and upon the completion of such nego-
tiations and their approval by the Coun
ell the directors shall PRESENT. to the city
council the terms and conditions of the
sale agreed upon and the city council
shall thereupon order the execution of
such deed or deeds, for such real estate,
to the parties named by the directors,
in conformity to the terms agreed upon !;
and the proceeds of such sale or sales
shall be placed in the city treasury to
the credit of the house of refuge fund
and be held and disbursed as other
funds are held and disburscd for such
house of refuge.
SEC. p. Actions may be brought
by, and against, the directors of the
house of refuge at; and process
may be served by leaving copy of the
writ with any director, or at the Office of
the house of refuge, upon any officer.
n. Fl. VAN WORRIES,
Speaker of the House Of Representatives
THOMAS Fl. FORD,
President Of the Senate.
April 16, 1857.