Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-05-13

in reasonable time after be receives it, an
the payment of the mony loaned shall be Sc
cured by mOrtgave on real estate or doubl
the value Of the money loaned, exclusive G
buildings or other improvements timber an,
minerals in or upon such real estate, or upon tn
purchase or pledge of the certificates of tn
funded debt of this state; and he shall at eacl
settlement, account for all the interest he may
receive on the money so loaned; and if he fai
to loan the money of his ward within such :
reasonable time, he shall account on settlement
IL r such money and interest thereon, calculated
with annual rests. Eight--To obey and per.
form all the orders and Judgments of the proper
eGurt touching the guardianship.
Sec. 10. When guardian is appointed tc
take charge only OF the estate of a minor, hi:
duties shall be the same as those specified in
the fourteenth section of this act, except that
he shall not be required to perform the sixth
duty therein mentioned when a guardian
OF the person of such minor has been appoint.
ed
See. 10. When guardian is appointed to
| have the custody, maintenance and education
of a minor, his duties shall be as follows: First
To protect and control the person of his ward
Second-To provide a suitable maintenance
for his ward, when necessary, which shall be
paid out of the estate of such ward in the haadt
of the guardian of the person OF such ward
Third-When such ward has no father or mo-
ther, or having a father or mother and such
parent is unable or fails to maintain or educate
such ward, it shall be the duty of the guardian
so appointed to provide for him such mainte-
nance and education as the amount of his estate
may justify, which shall be paid out of the es-
tate of such ward in the hands of the guar
dian of such estate, upon order of the guardian
of the person of such ward. Fourth-To obey
Ill ft,a I'D o. 8
the proper court touching the guardianship.
Sec. II. Tie probate court may at any
time remove such guardian, he having
thirty days notice thereof for habitual drunk
enness. neglect OF his duties, incompetency,
fraudulent conduct, removal from the county, or
any other cause which, in the opinion of such
court, renders it for the interest oil the ward that
such guardian be removed; the removal from
the state of any person who has been hereto
fore or who may be hereafter appointed
guardian, shall of itself determine the guardian
ship of such person, and when aay infant for
whom guardian has been or may be appointed
i'll this state, shall remove to another state or to
a territory, and guardian of such infant shall
be there appointed, upon the presentation of sat
isfactory evidence of such last mentioned ap-
pointment. such court may remove such guar
dian in this state and compell a settlement of
the accounts of such guardian.
Sec. lS. Any surety Off guardian may, at
any time, apply to the proper probate court to
be released from his bond with such guardian,
by filing his request therefor with the Judge of
such court, and giving ten days notice to such
guardian, when such court shall release such
surety, and if such guardian fail to give new
bond, as by such court directed, he shall be re-
moved and his letter superseded, but such orig
inal surety shall not be released until such
guardian so gives bonds, and such original sure
ty shall be liaGle only for the acts of such
guadian from the time of the execution of the
original bond to the filing and approval by the
court Of such new bond.
Sec. 10. The court by whom any guardian
has been or may be appointed may, for reasons
to such court, accep, the resignation
OF any such guardian, and appoint another in his
stead.
Sec. 20. 1t shall be the duty of the court
by whom any guardian has been or may be ap-
pointed, to enforce the return, at the prescribed
lines, of all inventories and accounts required
to be filed in such court by such guardian, and
also 10 enforce the performance of all other du-
ties devolving upon guardians appointed by
such court, either with or without complaint
being first made, and thereupon to make and
enter such judgments and orders as may be re-
qulslte IN any case to promote the faithful and |
correct discharge of the duties of such guardi- |
ans, or to preserve the estate Of minors for whom
such guardians may have been or shall be ap- |
pointed.
See. 81. Any bond given by any guardian |
may be put in suit by any person entitled to |
he estate, upon the breach Of the condition of |
such bond Such suit may be brought in the |
name of tie person v no is entitled to tho es-
ate. |
Sec. ~. Whenever necessary for the educa- |
ion, support or payment of the justdepts of any |
minor, Or for the discharge of any liens on the |
,eal estate of such MINOR, or whenever the real |
Estate Of such minor is suffering unavoidable |
waste, or better investment of the value there
If can be made, and the court shall be satisfied |
hat u sale thereof will be for the benefit of any
minor, the probate court may, on the application
If such guardian, order the real estate of such
minor, part thereof, to be sold
Sec. %. Such application shall be by petit
ion, which shall set forth specifically: First
he value and character of all personal estate
elOnging TO such ward that has come to the
knowledge or possession of such guardian.--
ecOad-The disposition made of such person.
estate. Third-The amount and condition
such wards personal estate, if any, depen-
ent upon the settlement Of any decendents
state, or the execution of any trust. Fourth
he annual value of the real estate of the ward
7lh pertinent description of such real estate.
ifth-The amount of reut received and the ap-
l;cation thereof. Sixth-The proposed man
er of reinvesting the proceeds of the sale, if
sked for that purpose. Seventb-Each item of
or the amount and character of
he lien, if the sale is prayed Tor the discharge
ereof. Eighth-The age of the ward, where
nd with whom residing. Ninth-lf there be
D personal estate belonging to such ward in
ossession or expectancy, and none has come
ito the hands of such guardian, aud no rents '
ave been received, the fact shall be stated in 7
le petition.
Sec. "a. Upon such petition being filed,
,rIfied by the oath of the guardian, the court
lall order the petitioner 10 give notice to his Z
ard, who shall be defendant to the petition, of
e filing and demand thereof, and the time Y
hen the same will be heard, in such manner
to the court shall seem reasonable and pro- u
Sec. %. At the time appointed for the hear Il
G of SAID petition. and upon being satisfied D
at the notice named in the last preceding Sec y
IN has been given, and that such real estate
ght to be sold. the court shall appoint three
'eholders of the county. who are not of kin 10 I
e petitioner, 10 apprais said real estate. a
Sec. 26. Said appraisers shall take an oath :,
truly and impartially appraise said real es-
te at the fair c:sh value, which oath shall be q
dorsed on the Ger i6cates of their appoint a
INT. h
Sec. 81. Upon the appraiseraent of said real :.
ate being filed, signed BY said appraisers, the f(
urt shall require such guadian to execute a
nd. with sufficient freehold sureties, payable
the State of Ohio, in double the appraised G
ue of such real estate. with condition for the n,
thful discharge of his duties; and the faithful "
J yment, and accounting for. of all moneys aris- !,
! from such sale according to law. d'
See. 2s: Upon such bond being filed and bl
proved by the court, the court shall order the fo
e of such real estate. providing in the order =
reasonable notice of such sale, and the cred IL
to be given for the payment of the purchase
ney; and the deferred payments ofthe pur-