Year: 1859

NO. 1o9. AN ACI


Supplementary to and to amend an act
concerning the relation of guardian


and ward" passed April 18th, 1858.


Section 1. Be it enacted by the Gen.
srol assembly Of the State Of Ohio, That
section % Of said act shall be so amen
ded as to read as follows: Section %.
The guardian of the person and estate,
or Of estate only, shall have power,
when for the interest of the ward, to
sell all Or any part Of the personal es.
tate of tho ward; and whenever neces~
sary for the education, support or pay
mont OF just debts Of any minor, or for
the discharge of any liens on the real
estate Of such minor, or Whenever the
roal estate of such minor is suffering
unavoidable waste, or better invest
ment Of the value thereof can be made,
iand the cours shall be satisfied that a
sale thereof will be for the benefit of
iany minor, the probate court, by whom
y guardian of the person and estate or
of the estate only, has been appointed,
may, on the application of such guardi-
an, order the real estate of such minor,
or part thereof, situate in this state, to
be sold,


Sec. 2. That section 25 be so amen
ded as to read as follows Section 25.
AT the timo appointed for the hearing
of said petition, and being satisfied that
the notice named in the last preceding
section has been given, and that such
real estate ought to be sold, the court
shall appoint three freeholders Of the
county in which said real estate shall
be situated, who are not of kin to the
petitioner. to appraise said real estate,
and the same shall not be sold for less.
than two-thirds Of tho appraised value
thereof.


Soc. 3. That section % be so amen.
ded as to read as follows: Section 2S.
Upon such bond being filed and appro-
vcd by the court, the court shall order
the sale Of such real estate, providing
in the order reasonable notice and tho
place of such sale ia the county in
which such real estate shall lie, and the
credit to be given for the payment of
thepurchase money, and tho deferred
Payments Of the purchase money shall
be secured by mortgage, executed by
the purchaser, upon the estate sold and
they shall bear interest at the ratio Of
six per cont perannum, from the day Of
sale, payable annually.


Sec. 4. That section of said act be
so amended as to read as follows: Sec.
When any unmarried woman, who has
been or may be appointed guardian Of
any minor, shall marry, such marriage
shall of itself determine the guardian.
ship of such women; and the probate
court Of the proper county shall ap.
point another guardian for such minor,
to which last named guardian all the
estate of such minor shall, or demand,
be delivo, ed up by such former guardi-
an; and shall forthwith render her for
,mer guardianship account to the court
from which sho received her appoint.
mcnt for final settlement.


Sec. 5. Any guardian Of the person
and estate, or of the person only, here
tofore or hereafter appointed, for any
female under or over the age of twelve
years, or any male under or over the
iage of fourteen years, may, if it be nec-
essary, bind such minor to any suitable
person, until such minor, if male shall
arrive at the age Of twenty one years,
and if female, at the age of eighteen
years; provided, that before the linden.
ture whereby any minor may be bound
to service according to this section shall
be valid in law, the person to whom