facts in the petition stated; and such jury, after hearing the try truth of peti evence, shall return a verdict according to the truth of the tion; and if trus case: and if it shall be found by the verdict of the jury, that guardians may the facts stated in the petition are true, the court shall appoint a guardian or guardians, to take charge of the property of such person; which guardian or guardians shall give bond, and shall proceed in the same manner, have the same power, and be subject to the same rules and regulations, provided in cases of guardians, appointed under the provisions of this act. order property Sec. 12. That if any lunatic or insane person, shall return to the county from which he or she may have departed, and If lunatic, e the court of common pleas shall, upon actual observation, ad- returns, court to judge that such person is restored to the use of his or her rea- restored son, they shall direct the residue of the property in the hands of the guardian, to be restored to such person. may sell real Sec. 13. That in case of any person owning real estate, Guardians, etc., within this State, and residing in another State or country, or non resident being adjudged a lunatic, idiot or insane person, according to lunatics, etc., the laws of the State or country where such person may re-estate in this side, the committee or guardian of such person, appointed ac- State, and how cording to the laws of such State or country, may obtain possession and dispose of the real and personal estate of such person, within this State, in the manner following:-Such committee or guardian shall present to the court of common pleas of the county where any part of the property of such person may be, an authenticated transcript of the judgment, or com mission of idiocy, lunacy or insanity, and of the appointment of such committee or guardian, to take charge of the estate of such person: and upon the court being satisfied that idiocy, lunacy or insanity still continues, and that the applicants are the same persons named in the proceedings, they shall make an order for such persons to take charge of such idiot's, lunatic's, or insane person's estate, real or personal, to be found in this State; and may authorize such committee or guardian to sell and convey the estate of such lunatic, idiot or insane person, upon such terms and conditions as the court may deem proper: and the guardian or committee of such person, in their proper names, may sustain any proper action for the recovery or protection of the person or property of such idiot, lunatic or insane person. uay complete order of coun Sec. 14. That when any person, declared and adjudged an Guardians, idiot, lunatic or insane, before his visitation, shall have sold real estate within this State, and shall not have conveyed the same; contracts and or when the committee or guardian of a lunatic, idiot or insane make deeds person, in any other State or country, appointed according to the laws of such State or country, have already sold the real estate of such lunatic, idiot or insane person, lying within this State; in either case the court of common pleas of the county n which the lands may be situate, may authorize such commit Security and fiability for costs tee or guardian to complete the sale, by making a conveyance on such terms as the court shall deem just. Sec. 15. That when the relatives of any person, alledged to be an idiot, lunatic or insane, or where any other person, (except the overseers of the poor) shall make application to any justice of the peace, according to the provisions of the first or ninth sections of this act, and such application shall not succeed, the person so applying shall be liable for costs; and said justice shall compel such applicant to give security for costs as in other cases: and when any other than the guardian of any idiot, lunatic or insane person, shall make application to any justice of the peace, according to the provisions of the ninth section of this act, such applicant shall give a written notice of such application to said guardian, by serving the same personally, or leaving a copy thereof at his residence, at least ten days before the time appointed for the hearing of such application. Sec. 16. That an appeal shall be allowed to the court of Appeals allowed common pleas, from inquests had under the provisions of this act, upon which appeal the court shall proceed to tinal judg ment, as if the case had been commenced in the said court: Provided, however, That when any person shall, by the inquisition before the justice of the peace, be declared idiot, lunatic or insane, and an appeal be taken, the court shall appoint a guardian, at the term to which such appeal is taken, in the same manner as is provided in and by this act. be appointed to deaf and dumb persons Sec. 17. That the courts of common pleas, in the several Guardians may counties in this State, shall have power to appoint guardians to all such deaf and dumb persons, whether they be minors or of full age, as may be incapable to take care of, or manage their estates; and shall require of any guardian or guardians, thus appointed, sich bond and security as is by law required in case of minors; and their power shall extend to property, protection, education and maintenance, the same as in other cases of guardian and ward: Provided always. That said court of common pleas shall not appoint a guardian under the provisions of this section, unless the incapability to take care of, or manage the estate of the person applied for by such person, shall first have been ascertained by an inquiry, as provided for in the first section of this act. Moners may make allowance Sec. 18. That the commissioners of any county in the County commis- State, in which there may be any idiot or lunatic, in indigent circumstances, shall, in their discretion, make such allowance to indigent luna as to them shall seem right, and the necessity of the case may require, and shall issue their order in favor of such idiot or lunatic, or their legal representatives, for the sum so allowed, to be paid out of the treasury of such county. cs, etc. Sec. 19. That the act to provide for the safe keeping of Acts repeated idiots, lunatics and insane persons, the protection of their property, and other purposes, passed January eighth, one thousand eight hundred and twenty; and the amendatory act, passed February second, one thousand eight hundred and twenty-two; be, and the same are hereby repealed. This act to take effect and be in force from aud after the first day of June next. JOSEPH RICHARDSON, Speaker of the Senate. January 29, 1824, AN ACT for the relief of insolvent debtors. a commissioner Sec. 1. Be it enacted by the General Assembly of the State of court of comm. Ohio, That the court of common pleas in each county shall ap- pleas to appoint point a person, to be denominated commissioner of insolvents, of insolvents eté, who shall give bond to the State of Ohio, in such sum as shall be required by the court, not less than one thousand dollars, with security to be approved by the court, conditioned for the faithful discharge of his duties as such commissioner; which bond shall be lodged with the treasurer of the county, by the clerk of the court. Sec. 2. That suits may be prosecuted on said bond, in the suits on bond. manner which now is or hereafter may be provided for the how prosecuted commencement and prosecution of suits on the bonds of executors, administrators and officers; and the court may, at any time after making such appointment, when it shall be deemed necessary, require such commissioner to give an additional bond, with further security, to be approved as aforesaid. take an oath Sec. 3. That commissioners so appointed shall take an oath Commissioner to, before the court, to support the constitution of the United States and of this State; and also an oath, faithfully and impartially to perform the duties of commissioner of insolvents, as prescribed by law. Sec. 4. That commissioners so appointed and qualified, His term of shall hold their offices for the term of three years, (unless soon- office er removed by the court,) and until their successors are appointed and qualified; and they shall keep their respective of fices at the seat of justice of the county, and shall be entitled to the use of one of the rooms in the public offices of the county, if any there be, not appropriated to the use of the other county officers. sioner Sec. 5. That the court making such appointment may, upon court may re application of any person, and upon good cause shown, or for move comme reasons apparent to the court, remove such commissioner from office: Provided, That ten days' notice in writing, of such intended application for such removal, shall be first given to the commissioner; which notice shall specify the reasons for such removal. Sec. 6. That it shall be the duty of the commissioner to Commissioner to take charge of the property of all applicants for the relief take charge of contemplated by this act, who shall make the assignments hereinafter provided for. property of insol vents to imprisonment Sec. 7. That any person desirous of having his body exPerson desiring empted from liability to imprisonment for debt, who shall have to exempt his ho resided in this State two years next preceding his application, dy from liability and in the county where such application is made, six months how to proceed next preceding such application, shall deliver to said commissioner an accurate schedule in writing, of all debts by him owing; specifying the name of the person to whom due, and the original consideration of such debt, and whether the same is due by bond, note, or other contract in writing, or by book account, or otherwise. Sec. 8. That when any person, whether a resident in this Person in custo State or not, shall be arrested, or be in custody of any sheriff, dy may go before or other officer, on mesne or final process, in any civil action, and cause a sche the officer having such person in custody, if requested by him, dule of his debts shall go with such person before the commissioner of insolvents commissioner to be made to him of the county where such person shall be arrested, or in custody; whose duty it shall be, if required, to make out for such person in custody, and under his direction, such schedule as is required by the seventh section of this act, and also such as are hereinafter required. Sec. 9. That any person making application to the comAlso a schedule missioner, as provided either in the seventh or eighth section of of all debts due this act, shall, in addition to the schedule therein required, make, or cause to be made by the commissioner, an accurate schedule in writing, of all debts and demands due to him, with a pertinent description of all contracts in which he is in any way interested, in his own right or otherwise; and shall, at the time of making such schedule, deliver to the commissioner, (if in the power of the applicant so to do,) all written evidences of such debts, contracts and demands, in his possession, or in any way subject to his control, together with all his books of account Sec. 10. That the person so applying, shall make and deApplicant shall liver to the commissioner an accurate inve: tory in writing, of also deliver an all his property of every kind and description, real and personal, in possession, remainder, or reversion, to which he has any claim or demand; together with the written evidences, (if any he has.) of his title and right thereto. invertory of all his property ment to the commissioner Sec. 11. That before any person, making application as And shall make aforesaid, shall be entitled to a certificate from the commisa general assign sioner as hereinafter provided, he shall make and deliver to the commissioner an assignment in writing, of all his property, rights and credits, of every kind and description; but no particular form of words shall be necessary to the validity of said assignment: and the same. when made and delivered to the commissioner, shall operate as a conveyance of all the property of such applicant, and shall vest in the commissioner all the rights, legal and equitable, which such applicant had in, or to, any property, rights and credits, whether the same be mentioned or described in such schedules and inventory or not: and it shall be lawful for the commissioner to commence and prosecute suits and actions, at law and in chancery, in his own Commissioner name, in the same manner that the applicant could have done may sue in his before such assignment: Provided, That suits pending at the own name time of such assignment shall not abate, but may be prosecuted and defended by the commissioner, in the name of the applicant, to final judgment, as though such assignment had not been made. void Sec. 12. That every assignment, transfer or conveyance of Transfer of pro property, either real, personal, or mixed, made or executed by perry after arrest the applicant after his arrest, and before his examination before the commissioner, as herein provided, shall be utterly void and of no effect. ing under the pro Sec. 13. That any person making application, as is provi- Oath to be ta ded in the seventh section of this act, shall, at the time of mak-person aop by ing such application, make and subscribe an oath or affirmation visions of 7th before the commissioner, in the following form, viz: 1, A B, section do swear [or affirm,] that I have resided in the State of Ohio, for two years, last pa-t; and in the county of in said State, for the last six months: that I have delivered up and assigned to the commissioner of insolvents of the county, all the property that I have, or claim any title to, or interest in: that the schedules and inventory of property, rights and credits by me made, contain, as far as I know or believe, a full description of all my property, rights, credits and claims, in possession, remainder, or reversion, (the necessary wearing apparel, and beds and bedding, of myself and family, and such other articles as are by law exempted from execution, excepted ;) and also, all my bonds, notes, contracts in writing, and other contracts, in which I am beneficially interested: and that I have delivered the same to the commissioner, and also my books of account, and all written evidences of my right or title to any property whatsoever: and that I have not directly or indirectly, at any time, sold, conveyed, or disposed of, for the use of any person, any money or property, debt, right, or claim, or intrusted the same to or with any person, thereby to defraud my creditors, or any of them, or to secure the same, so that I, or my heirs, or any other person, shall receive or expect any profit or advantage therefrom. to give bond Sec. 14. That persons applying under the seventh section Applicant under of this act, shall, in all cases, give bond to the commissioner, seventh section with surety to his acceptance, in any sum required by bim not less than two hundred dollars, conditioned that such applicant shall appear in the court of common pleas of the county, at such time as the commissioner shall return copies to said court, as hereinafter provided; and that the said applicant shall then |