to the first section of this act, such justice shall issue his warrant to the overseers of the poor of the township, directing them to take charge of the estate, real and personal of such person, and make an inventory thereof, and return the same to the clerk's office of the court of common pleas of their county, within ten days. thereafter, who shall file the same in his office. . Guardian to Sec. 7. Be it further enacted, That the Overseers to overseers of the poor, returning such inventory, make return shall apply to the court of common pleas at to court their next session to appoint a guardian or Court to ap guardians to take charge of the estate of such point guar person, whereupon the court shall make such dians. appointment; and the guardian or guardians so appointed shall give bond to said court, in a reasonable sum, with sufficient security, to be give bond adjudged of by the court, for the use of such idiot, non compos, lunatic or insane person, conditioned for the faithful discharge of their trust, and for rendering a just and true account of their guardianship, whenever thereunto required by the court; and the court shall make Overseers & such allowance to overseers of the poor and guardians guardians for their services under this act as sated they shall deem reasonable, to be paid out of the estate of such person. how compen Sec. 8. Be it further enacted, That the over- Overseers to seers of the poor, who may have in their hands deliver over any estate, real or personal, of any idiot, non property to compos, lunatic or other insane person, for guardians whom a guardian or guardians shall be appointed as aforesaid, shall deliver over such estate into the hands of the said guardian or guardians and take a receipt therefor, which shall be filed in the office of the clerk of the court of common pleas; and such guardian or guardians shall improve, frugally and without waste, such guardians Duty and power of dians for the lunatics éstate, and shall apply the same, or the annual profits thereof, for the maintenance of such idiot, non compos, lunatic or insane person, together with his or her family (if such there be); and such guardian or guardians shall have power to settle accounts, receive, sue for and recover all just debts due to such person; to improve and manage the real estate, agreeably to law, in as full and ample a manner as such idiot, non compos, lunatic or insane person could do, if he was restored to the use of his reason; and shall also be subject to the payment of all just debts of such person, contracted prior to his or her insanity or disability, out of the personal estate, or in case that be insufficient, then out of the real estate, in such manner as executors or administrators are enabled by law to discharge the debts of persons deceased.. Court to ap Sec. 9. Be it further enacted, That the court point guar of common pleas in each county, are hereby children of empowered to appoint guardians for the children of such idiot, non compos, lunatic or insane person, in the same manner as though their parents were deceased: Provided, That such guardianship shall cease at the time when, according to the provisions of this act, such idiot, non compos, lunatic or insane person shall be adjudged to be restored to the use of his or her Justices to summon a jury to en quire into the sanity of reputed lunatics reason. . Sec. 10. Be it further enacted, That upon application of any of the friends, relations or guardians of such person to any justice of the peace, he shall cause to be summoned a like inquest as is directed by the first section of this act, who shall in like manner be duly sworn; and in case they shall adjudge that such person is restored to the use of his or her reason, the residue of the estate, real and personal, shall be delivered to such person; and in case of his or her death the residue of the estate shall be delivered to his or her heirs or administrators. Sec. 11. And be it further enacted, That the Repealing act, entitled 'An act for the appointment of clause guardians to lunatics and others,' passed January the fifteenth, eighteen hundred and five, is hereby repealed. This act to take effect and be in force from and after the first day of March next. JOHN POLLOCK. Speaker of the house of representatives. THOMAS KIRKER, February 13, 1815. Speaker of the senate. CHAPTER XXIV. An act to perpetuate evidence of the original field notes of the Miami purchase. Whereas, It has been represented to this le- Preamble gislature that the original field notes of the survey of the tract of land commonly called the Miami purchase, situate between the two Miami rivers, have been accidentally destroyed by fire, and that great inconveniences have arisen and are likely to arise in consequence thereof; and also, that there are correct copies of the said · field notes now in the possession of sundry persons residing on or near the said lands, which copies are in a perishable condition: Therefore, for the purpose of perpetuating the evidence of the said field rotes, and for removing the inconveniences aforesaid. Sec. 1. BE it enacted by the general assem Three com named bly of the state of Ohio, That John R. Gaston, of the county of Hamilton, James Heaton, of missioners the county of Butler, and William C. Schenck, of the county of Warren, be, and they are hereby appointed commissioners for the purpose of collecting and perpetuating evidence of the original survey made under the direction of Their duty John Cleves Symmes, by authority of the government of the United States, of the tract of land commonly called the Miami Purchase, being the same traet of land that was conveyed by the United States to John Cleves Symmes, and his associates, by letters patent, bearing date on or about the fourth day of September, in the year of our Lord one thousand seven hundred and ninety-four. meet Sec. 2. BE it further enacted, That the said When to commissioners, or any two of them, shall hold their first meeting at the town of Cincinnati, in the county of Hamilton, on the first Monday of March next, and to adjourn from time to time, and to such place or places as they may judge most convenient: public notice of which first meeting shall be given by said commissioners in at least three newspapers printed in said purchase, at least twenty days previous to said meeting. And the said commissioners when May send for met shall have power and authority to send for persons and persons and papers, and to collect all the copies papers within their knowledge of the field notes of the original survey of the Miami Purchase, made under the direction of John Cleves Symmes as aforesaid, and to examine witnesses on oath or affirmation, which they or either of them are hereby authorised to administer, touching the validity and correctness of said copies; and so far as the said commissioners shall obtain satisfactory proof that the copies received by them a book and cer are true and correct copies from the original To make refield notes of the said original or first survey, cord of field they shall cause them to be entered in a book notes in to be provided for that purpose, and shall annex tify the same thereto their certificate, that they have been re- which shall ceived and adjudged by them to be genuine be recorded copies of the original field notes of the said original or first survey; and it shall be the duty of the commissioners to cause the said copies to be recorded in the records of deeds of the county in which the lands, to which the said copies relate, may respectively lie; and it is hereby made the duty of the recorder to receive and record the same, and forthwith to return the said book to the commissioners, for which services they shall be allowed such fees as the Recorder's said commissioners may deem just and reason- fees able, to be paid by the treasurer of their respec tive counties on the order of the said commissioners. Sec. 3. Be it further enacted, That certified Copies of copies of the records, so made as aforesaid, the record to shall be admitted as legal evidence in all courts be good evid of judicature in this state, in all cases where the ence in court original field notes aforesaid would be legal evidence. Commiss. to take an oath Sec. 4. BE it further enacted, That the said commissioners, before they enter on the duties of their office, shall take and subscribe an oath or affirmation faithfully to discharge the duties by this act reposed in them, according to the best of their skill and judgment, a copy of which oath or affirmation shall be entered in the book hereinbefore mentioned, by the person administering the same; and each of the To be allow said commissioners shall be allowed the sum ed two dolls. of two dollars per day, for each and every day per day he may be employed in discharging the duties |