an action of ravishment of ward, or trespass, against any person who shall wrongfully take away or detain such child, for the recovery of the same; and shall, and may recover damages, in said action, for the use and benefit of said child.

On failure of

may appoint per son to execute

Sec. 25. That when any testator, in his last will and testament, has appointed, or shall appoint, any trustee or trustees, trustees appoint to execute a trust created by such will, and has not provided ed by will, court for the contingency of the death, incapacity, or refusal of such trustee or trustees to accept or execute the trust; the court of the trust common pleas having the probate of such will, shall have power, in such cases, to appoint some suitable person or persons to execute such trust, according to the will; taking from them good and sufficient bonds, with security, conditioned for a faithful performance thereof.

court, out of this

Sec. 26. That the trustee, or trustees, appointed in any last Trustee appoint will and testament, made out of this State, to execute a trusted by will or relative to lands in this State; or the trustee or trustees ap- State, may sell pointed by any court of probate, according to the laws of any lands in this State or country, to carry into effect a trust created by any last State, and how will and testament of a testator who may have resided out of this State, respecting lands in this State; on producing an authenticated record of his or their appointment, before the court of common pleas in the county where the land described in any such will may be situated, and by giving bond to the State of Ohio, in such sum, and with such security, as shall be approved by the court, conditioned to discharge with fidelity the trust reposed in him or them, may dispose of such land, in the same manner, and under the same regulations, as are or may be by law provided for the sale of real estate of intestates

Sec. 27. That the act, entitled "An act relating to wills," passed February the twenty-sixth, eighteen hundred and twenty-four, be, and the same is hereby repealed.

JAMES M. BELL,

Speaker of the House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate.

Act repealed

February 18, 1831.

AN ACT for the appointment of Guardians.

point guardians

Sec. 1. Be it enacted by the General Assembly of the State of Court of com Ohio, That the court of common pleas shall have power, when- mon pleas to a ever they consider it necessary, to appoint a guardian or guar- to minors dians to all minors within their county; and on good cause shown, to authorize such guardian or guardians to sell all, or any part of the property, whether real or personal, of his or their ward or wards; and the court shall at the same time direct the manner of securing to said ward or wards, the money arising on such sale: which said guardian or gardians shall, before enter

Guardian's bond wig on the discharge of [the] duties of his or their appointment, in every case give bond to the State of Ohio, in such sum, and with such security as shall be approved of by the court, conditioned to discharge with fidelity the trust reposed in him or them, and for rendering an accurate statement of his or their transactions, with a just account of the profits arising and accruing from the real or personal estate of his or their ward or wards, and for delivering up the same to the court when thereunto required; which bond shall be filed with the clerk of the court: and the court may allow to such guardian or guardians, such compensation Jompensation as they may think proper, for the services by him or them performed, in virtue of the appointment aloresaid: Provided. That no person who shall be, or who may have been, an administrator of any estate, or executor of any last will and testament, shall be appointed by the court a guardian for any minor who shall be interested in said intestate estate, or who shall claim and be entitled, as heir, devisee, or otherwise, to any interest under or by virtue of said last will and testament, unless such guardian be appointed by last will and testament.

Proviso

Guardians must

moved

Sec. 2. That the court of common ples shall have power, account, or be re by citation and attachment, to compel any guardian or guardians, to render, from time to time, an account of his or their management of the estate of said ward or wards; and, upon good cause shown, to remove such guardian or guardians, and appoint another, or others, in his or their stead.

perty to be confucted

Sec. 3. That no sale of real property shall be made under the How sale of pro- provisions of this act, unless the court shall be satisfied that such sale will be for the advantage of such ward or wards, or necessary for his or their maintenance; and the guardian or guardians shall be governed therein by the same regulations as are required of administrators in the sale of real property, in the case of insolvent estates.

States

Sec. 4 That minors living out of this State and owning lands Minors of other within the same, shall be entitled to the benefit of this act, on their guardian or guardians giving such security as shall be approved of by the court in the county wherein such land is situ

not, to settle

ate.

Sec. 5. That it shall be the duty of every guardian, whethTestamentary or er appointed under the authority of this act, or by the last will with court and testament of any testator, within three years after his appointment, or the death of the testator, (as the case may be, and at the expiration of every two years thereafter, to settle his account with such ward or wards before the court of common pleas by which he may have been appointed, or before the court which may have granted probate of said last will and testament, whereby said guardian or guardians may have been appointed; which settlement shall be final between the parties Wards may re. thereto; saving, however, to any such ward or wards, the right view settlement of opening and reviewing the same in chancery or elsewhere, apon good cause shown, at any time within two years after the

said ward or wards shall arrive at full age: and it shall be the duty of such guardian or guardians, at the term of the court preceding that at which he or they intend to apply for such settlement, to file with the clerk of said court a statement of his or their account, with the vouchers in support thereof; whereupon, the said clerk shall, within thirty days thereafter, cause to be published in some newspaper printed within the county, for three weeks successively, a notice wherein shall be set forth such intended application, together with the name or names of the guardian or guardians so applying as aforesaid: but if no newspaper shall be published within the county, then such notice shall be put up on the court house door.

Sec. 6. That when there are minors as aforesaid, males above fourteen, and females above twelve years of age, or when any minors for whom the court have appointed a guardian or guardians, shall arrive at the respective ages aforesaid, such minors may severally choose a guardian or guardians, such as the court shall approve; and if such minors do not come before the court and choose a guardian or guardians, after being notified by the court so to do, the court shall appoint a guardian or guardians for them as aforesaid.

Minors may choose guardians

bind wards

Proviso

Sec. 7. That any guardian or guardians appointed as aforesaid, for any female under the age of twelve, or any male under Guardians may the age of fourteen years, may, if it be necessary, bind such minor or minors to any suitable person, until such minor or minors, (if a male,) shall arrive at the age of twenty-one years, and if a female, at the age of eighteen years: Provided, That before the indenture whereby any minor or minors may be bound to service, according to this section, shall be holden valid in law, the person or persons to whom such minor or minors shall be bound as aforesaid, and also the terms and covenants in such indenture contained, shall be approved of by the court; and a certificate of the clerk, with the seal of such court, shall be attache 1 to such indenture, in testimony of such approbation.

Sec. 8. That all laws and parts of laws coming within the Laws repealed purview of this act, be, and the same are hereby repealed.

This act to take effect and be in force from and after the first day of June next.

February 6, 1824.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.

ALLEN TRIMBLE,

Speaker of the Senate.

AN ACT relating to Dower.

Sec. 1. Be it enacted by the General Assembly of the State of Widow to be Ohio, That the widow of any person dying, shall be endowed endowed of real of one full and equal third part of all the lands, tenements, and estate

and equitable

real estate of which her husband was seized, as an estate of inheritance, at any time during the coverture; and she shall, in like manner, be endowed of one third part of all the right, title or interest that her husband, at the time of his decease, had in any lands and tenements, held by bond, article, lease, or other evidence of claim: and she shall remain in the manmansion house, sion house of her husband, free of charge, for one year after his death, if her dower be not sooner assigned her.

May remain in

etc.

Jointure bars dower, when

Widow may elect

ance not injured By act of hus. Band

Sec. 2. That if any estate shall be conveyed to a woman as jointure, in lieu of her dower, to take effect immediately after the death of her husband, and to continue during her life, such conveyance shall bar her right of dower to the lands and tenements which were her husband's; but if the jointure or conveyance was made when the feme was in infancy, or if made after marriage, in either case, the widow, at her election, may waive her jointure and demand her dower.

Sec. 3. That no contract of the husband, or recovery against Wife's inherit him, of any lands, tenements or hereditaments, being the inheritance or freehold of his wife, during the coverture between them, shall in any wise deprive the wife, after the death of her husband, of any right which she had or might have to such lands, tenements or hereditaments, or her heirs, or any person who shall have right, title or interest to the same by the death of such wife or widow.

Sec. 4. That when any conveyance intended to be in lieu Ayailing herself of dower, shall, through any defect, fail to be a legal bar of defective con- thereto, and the widow availing herself of such defect, shall

veyance, to

cease, etc.

Evicted from

demand her dower, the estate and interest conveyed to such widow, with intention to bar her dower, shall thereupon cease and determine.

Sec. 5. That if any widow be lawfully evicted from her jointure, or any part thereof, without fraud in her, she shall be jointure, to be endowed of as much of the residue of her husband's lands, tenements, or hereditaments, whereof she was before dowable, as the same lands, tenements, or hereditaments from which she was evicted, shall amount to.

apdowed of other lands

barred of dower

Sec. 6. That if any wife willingly leave her husband and An adulteress dwell with her adulterer, she shall lose and be barred of her right of dower; but if she shall return, and her husband shak be reconciled to her and dwell with her, she shall be restored to her right of dower.

up lands by CDvin, wife may revover dower

Sec. 7. That if the husband in his life time shall be imHusband giving pleaded for lands or tenements, and giveth up the same by covin or fraud, after the death of the husband the wife may recover her dower of the same; and in case the husband loseth the land in demand by default, and his wife, after his death, demand her dower therein, she shall be heard: and if the widow can establish the right of the husband to the lands and tenements, she shall be entitled to, and recover her dower therein.

Sec. 8. That when the lands of the deceased are not en

cumbered by mortgage, or by judgments obtained against such decedent in his life time, the heir or other person having the next immediate estate of inheritance, may assign to the widow, Heir may assign her dower therein, by writing under his hand and seal, particularly describing the same; which if accepted by such widow, shall be holden a good assignment in law.

dower

Sec. 9. That the widow applying for dower, in the lands of Petition in chấn her deceased husband, may file her petition in chancery, eery for dower against the heir, or other person having the next immediate estate of inheritance, setting forth her right thereto, and describing the tracts of lands of which she claims to be endowed; and the court, on the hearing of such cause, shall render such decree in the premises, as to them shall appear just and consistent with the rights of all the parties interested therein.

by cross bin

Sec. 10. That when the rights of any mortgagee, or the Incumbrances lien of any judgment creditor, shall be shown to the court by may be shown cross petition filed before the rendition of a decree, in such petition for dower, such rights and liens shall be regarded by the court, in the rendition of such decree, and no inequality shall be allowed, or any injustice done to any such mortgagee or judgment creditor to the benefit of another.

filed where mreș.

Sec. 11. That when the lands lie in several counties, the petition for dower shall be preferred in the county in which Petition to be the principal messuage of the deceased is situate: and the suage is situated court of common pleas of such county shall have complete jurisdiction, and may order the whole dower of such widow to be assigned in any one or more of such counties, and out of any one or more tracts of land; if the same may be done without prejudice to the rights of any person claiming title to, or holding a lien on such land.

On decree of

assign, how

Sec. 12. That when dower shall be decreed on any petition filed as aforesaid, the court shall issue their order to the sheriff dower, sheriff to of one of the counties in which such lands may be situate, commanding him, that by the oaths of three judicious, disinterested men of the vicinity, who are not of kin to either of the parties interested, he cause such dower to be set off and assigned to such petitioner, in manner as set forth in the decree; and the sheriff to whom such order is directed, shall in all things obey the same, and return his proceedings therein to the said court, at their next term: and such assignment, if approved by the court, shall be entered on the records thereof, and shall be thenceforth valid and effective in law: a writ of seizin shall thereupon issue from the said court to such sheriff, who on the receipt thereof, shall deliver to the widow full possession of her dower, assigned to her as aforesaid.

A writ of seizen may issue

Sec. 13. That if during the minority of the heir, dower Heir may have shall be assigned to a widow who is entitled thereto, or if she action, if dower shall recover the same on application to the court by the de- is collusive fault, fraud or collusion of the guardian, such person coming of age may have his action against such widow for the same.

assigned