returned.

had, to the treasurer of the county in which such person so declared unfit to manage his property resides, in double the amount of the personal property and the rents to be derived from real estate; and when orders are made for the sale of real estate by any court, under the provisions of this act or the act to which this is an amendment, additional bonds. may be required, conditioned for the faithful application of the proceeds derived from such sales, according to law. § 3. It shall be the duty of the clerk of any court, on the Summons, how application of any person, under the first section of this act, for the appointment of a conservator for any person alleged to be insane, lunatic, distracted, or unfit from any cause to manage or control his property as aforesaid, to issue a summons for such person so alleged to be insane, lunatic, distracted or an habitual drunkard as aforesaid, commanding such person to be and appear before said court on the first day of the next regular term thereof, to show cause why a conservator should not be appointed to manage and control the property of such person; which summons shall be served and returned as summons in chancery are required to be served; and no proceedings shall be had unless said summons shall have been served at least ten days before the return day

thereof.

§ 4. Such conservator shall have the entire care of the To have entire estate, both real and personal, of such insane, lunatic, dis- care of effects. tracted person or habitual drunkard, and shall forthwith make a true and perfect inventory of said estate and return the same into the office of the clerk of the county court of said county, where it shall be kept on file, and shall render a full and perfect account of his management of such trust at least once in each year, to the county court of said county, for its approval; and the clerk of said county court shall enter his account and keep the same in the books of said office, in the same manner as the accounts of guardians are now or may hereafter be required to be kept by law. And such conservator may be allowed such compensation Compensation. as shall seem just and reasonable to the judge of said court, not exceeding the fees allowed by law to executors or administrators for similar services; and said circuit or county court shall have power to remove such conservator for neglect of duty or mismanagement of his trust, and appoint another in his place.

estate may be

5. It shall be the duty of the said conservator to ap- When personal ply the annual income and the profits thereof to the support sold. of such idiot, lunatic, insane or distracted person, or habitual drunkard, his or her family. He shall have power to collect all debts due to such person, and to institute suits for that purpose, and to adjust and settle all accounts [due] from him or her; he may sell or dispose of the personal estate to pay his or her debts, or to support him or her,

How execution may issue.

Overseers to have charge of

insane.

What contracts to be void.

or his or her family, and to educate the children of the

same.

6. The said conservator may sue and be sued as the representative of the person for whom he is appointed conservator as aforesaid; and execution may issue in the name of and against the said conservator, as representative as aforesaid; and all the property of such person may be sold to pay his or her just debts that might or could be sold in other cases.

7. Overseers of the poor in every county shall take charge of the body of any person so insane, lunatic or distracted, and shall have power to confine him or her, and shall comfortably support such person and make an account thereof, and return the same to the county court, whose duty it shall be to make an order requiring the treasurer of said county to pay the same out of any money in the treasury of said county not otherwise appropriated.

§ 8. All contracts, agreements or credits with idiots, lunatics, insane or distracted persons, or habitual drunkard[s], after the finding of the jury aforesaid that such person is unfit to manage or control his or her property, either by note, bond, bill or otherwise, shall be void as against such idiot, lunatic, insane or distracted person, or person declared unfit to manage or control his or her property as aforesaid; but persons making such contracts or agreements with such persons as aforesaid shall be bound thereby. When trading § 9. If any person or persons shall, by trading with, bartering, gaming or any other device, possess himself, herself or themselves of any property or valuable thing belonging to any idiot, lunatic or notoriously distracted person, he, she or they shall be deemed guilty of swindling, and, upon conviction thereof, shall be liable to all the penalties as in other cases of swindling; and any person may appear and prosecute with effect.

deemed swindling.

How conservator may be removed.

Trial of resto

§ 10. [When any person for whom a conservator has or may hereafter be appointed, under the provisions of this act or the act to which this is an amendment, shall be restored to his or her reason, or may become competent to manage his or her property, on account of a reformation in his or her habits as to sobriety, then such person may apply to the circuit or county court of the county where said conservator resides, to have said conservator removed, and the care, custody or control of his or her property, or so much as may reinain, restored to him or her, and the disabilities provided for in this act removed, by giving notice to said conservator, in writing, ten days before the commencement of the term of the court to which such intended application is made.

11. It shall be the duty of the court to which any ration of reason such application, as provided in the foregoing section, is

made, on proof that said conservator has been duly notified. of such application, to cause a jury to be summoned to try the question whether said applicant is a fit person to have the care, custody and control of his or her property, and if the said jury return in their verdict that such person is a fit person to have the control of such property as aforesaid, then the court shall enter an order fully restoring such person to all the rights and privileges enjoyed before said conservator was appointed: Provided, that such conservator, so removed, shall be allowed a reasonable time to settle his accounts as such, and to pass over the money or property in his hands, and such removal shall not invalidate any contracts made in good faith by said conservator, while acting as such: Provided, further, that no application shall be entertained for the removal of any conservator appointed for any person under the provisions of this act, within less than one year from such appointment, unless for neglect of duty or mismanagement of his trust.

§ 12. All acts and parts of acts in conflict with the pro- Repeal. visions of this act are hereby repealed.

§ 13. This act shall take effect and be in force from and after its passage.

APPROVED April 19, 1869.

27, 1869.

AN ACT to amend sections fifty-one (51) and fifty-eight of chapter fifty. In force March nine (59) of the Revised Statutes, entitled "Justices of the Peace and Constables."

When nearest justice is dis

nearest.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section fifty-one (51) of chapter fifty-nine (59) of the Revised Statutes be so amended that when the justice of the peace qualified, venue nearest to the justice of the peace from whom the suit is to changed to next be removed, as provided in said section, is of kin to either of the parties, is sick, or absent from the town, or is interested in the event of the suit, either as counsel or other wise, then it shall be the duty of such justice from whom the suit is to be removed to immediately transmit all the papers and documents belonging to such suit to the next nearest justice of the peace where such disability does not exist, who shall proceed as though the said suit had been instituted before him. Also, that the defendant or his agent, making the oath required in said section for the removal of when and by such suit, shall pay, or cause to be paid, all the costs therein which are occasioned by said removal; which costs shall in all cases be charged to and collected from the unsuccessful party to such suit; and no justice of the peace shall trans

Costs- how,

whom paid.

mit the papers and documents belonging to such suit to another justice of the peace until such costs are paid, but shall immediately proceed with the trial of such suit unless said costs are paid.

2. This act shall take effect and be in force from and after its passage.

APPROVED March 27, 1869.

In force April AN ACT to amend chapter seventy-nine of the Revised Statutes of 1845. 16, 1869.

in suits for par

assignment dower.

of

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in proSolicitor's fee ceedings in any of the courts of this state, for the partition tition and of real estate, or for the assignment or [of] dower, or for either, it shall be lawful for the court to order that a reasonable fee be allowed the solicitor or solicitors prosecuting, to be determined by the court, which shall be taxed as costs, and divided pro rata between the parties [to] the proceeding, according to their respective interests.

§ 2. This act shall take effect and be in force from and after its passage.

This bill having been returned by the governor with objections thereto, and after reconsideration having passed both houses by a constitutional majority, it has become a law this 16th day of April, A. D. 1869. EDWARD RUMMEL, Secretary of State.

In force March 24, 1869.

Oath of commissioner.

Report

commissioners.

AN ACT to amend the statute relating to Partitions.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all proceedings for the partition of lands which are now authorized by the statute of Illinois in relation thereto, the commissioners appointed by the court shall take an oath that they will fairly and impartially appraise the value of the premises sought to be divided; which oath may be incorporated with the oath now required to be taken, and be taken in the same mauner.

of § 2. If the commissioners in their report state that the premises can not be divided without manifest prejudice to the proprietors of the same, as is now provided by law, they shall also state in their report the value of the premises; and their report in such cases shall be sworn to Order of court. before some officer competent to administer oaths. The court, in directing the sale of the premises, as is now provided by law, shall further order that said premises shall

not be sold unless two-thirds the value specified in the commissioners' report be bid for the premises at the sale thereof, or some other sum be bid therefor greater than two-thirds of the value thereof, as the court in its discretion may order. This act shall take effect and be in force from and after its passage.

3.

APPROVED March 24, 1869.

AN ACT to amend chapter eighty of the Revised Statutes, entitled "Pau- In force March

pers."

29, 1869.

support of pau

brought.

how

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any credible person shall make complaint in writing Suit against that any person who, by the provisions of the eightieth person liable for chapter of the Revised Statutes, entitled "Paupers," is per, liable for the support of any insane or idiot pauper, neglects or fails to support properly such insane or idiot pauper, and shall present such complaint to the supervisor of the town of which such pauper is a resident, or any justice of the peace in the justice's district in which such pauper may reside, in counties not having township organization, it shall be the duty of such supervisor forthwith to commence an action in the county court of his county, upon such complaint, in his name, as supervisor or justice of the peace, against such person as defendant so liable for the support of such insane or idiot pauper; and thereupon a summons shall issue out of said court requiring such defendant to appear and answer such complaint, which summons shall be served on said defendant at least ten days before the return day thereof.

§ 2. The court before which such complaint is made Hearing. shall, on the return day of such summons, proceed in a summary way to hear the proofs and allegations of the parties; and if the court is satisfied from such proofs and allegations that the defendant is properly supporting such insane or idiot poor person, taking into consideration the ability of the defendant and the situation of such insane or idiot pauper, the defendant shall be discharged at the costs of the complaining witness.

3. If the court, upon hearing such cause, is satisfied by the proofs and allegations that the person complained of is not supporting such poor person in a manner suitable to the situation of such poor person, taking into account the ability of such defendant, then the court shall make an order authorizing and directing such supervisor or justice

Court to make order.