Appeal.

Acts repealed.

pear to be just and equitable. The garnishee shall be enti tled to fees the same as witnesses before the same courts in civil cases.

§ 28. An appeal may be taken from the judgment or any final order of the court or justice of the peace, by any party to such proceeding, in like manner as appeals are taken in other cases.

29. Chapter nine of the Revised Statutes of 1845, entitled "Attachments in Circuit Courts," and sections nine, ten, eleven, twelve, sixteen, seventeen and eighteen of chapter eight of the Revised Statutes of 1845, and section thirtyeight of chapter forty of the Revised Statutes of 1845, and the act amendatory thereof, approved February 22d, 1861, and all laws and parts of laws in conflict with this act, are hereby repealed: Provided, this section shall not affect suits pending, or rights existing at the time this act shall take effect.

APPROVED March 9, 1872.

GENERAL ASSEMBLY.

In force July 1, AN ACT to fix the pay of members of the general assembly, after its first session under the present constitution.

1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, until Per diem, post- otherwise provided by law, members of the general assemage and station- bly shall receive for their services the sum of five dollars

ery.

speaker.

per day during each session; and for each session ten cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the audi tor of public accounts; and also the sum of fifty dollars per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites, and no more.

Certificate of § 2. The pay and mileage allowed to each member of president and the general assembly, shall be certified by the president of the senate and speaker of the house of representatives, and entered on the journals and published at the close of each session.

APPROVED March 29, 1872.

GUARDIANS AND WARDS.

AN ACT in regard to guardians and wards.

In force July 1, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That males of age. of the age of twenty-one, and females of the age of eighteen years shall be considered of full age for all purposes; and until these ages are attained, they shall be considered minors.

County courts to appoint guardians.

Nomination of

§ 2. The county courts in their respective counties may, when it shall appear necessary or convenient, appoint guardians to minors, inhabitants of or residents in the same county, and to such as reside out of this state and have an estate within the same, in the county where the real estate or some part thereof may lie; or if he has no real estate, then in any county where he may have personal property. § 3. If a minor is under the age of fourteen years, the county court may nominate and appoint his guardian. If guardian. he is above that age, he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly; if not approved by the court, or if the minor resides out of the state, or if, after being cited, he neglects to nominate a suitable person, the court may nominate and appoint his guardian in the same manner as if he was under the age of fourteen years.

§ 4. The guardian of a minor shall have, under the Custody of ward direction of the court, the custody, nurture and tuition of his ward, and the care and management of all his estate. But the father of the minor, if living, and in the case of his death the mother, they being respectively competent to transact their own business, and fit persons, shall be entitled to the custody of the person of the minor and the care of his education. In case the father and mother shall live apart, the court may, for good reason, award the custody and education of the minor to the mother or other proper person.

§ 5. The father, being of sound mind and memory, of Father may disa child likely to be born, or of any living child, being a pose of custody. minor and unmarried, may, by his last will, dispose of the custody and tuition of such child, to continue during its minority, or for a less time: Provided, no such will shall take effect to deprive the mother, during her life, of the custody and tuition of the child, without her consent, if she be a fit and competent person to have such custody and tuition. The mother being of sound mind and memory, and being sole, or surviving the father of her child, may, in like manner, dispose of the custody and tuition of such child.

Infant's estate,

Bond of guardian.

§ 6. The guardianship of the infant's estate may be appointed to one, and the custody and tuition of the minor to another.

§ 7. The county court shall take of the guardian appointed by it, a bond, payable to the People of the State of Illinois, with at least two sufficient sureties, to be approved by the court, in double the amount of the minor's estate, real and personal, conditioned substantially as follows: Condition of The condition of this obligation is such, that if the above bounden (name of bond. guardian), who has been appointed guardian of (name of infant), shall faithfully discharge the office and trust of such guardian according to law, and shall make a true inventory of all the real and personal estate of the ward, that shall come to his possession or knowledge, and return the same unto the county court of.... county, at the time required by law, and manage and dispose of all such estate according to law and for the best interest of said ward, and faithfully discharge his trust in relation thereto, and to the custody, nurture and education of said ward, and render an account, on oath, of the property in his hands, including the proceeds of all real estate that may be sold by him, if any, and of the management and disposition of all such estate, within one year after his appointment, and at such other time as shall be required by law or directed by the court, and upon removal from office, or at the expiration of his trust, settle his accounts in said court, or with the ward or his legal representatives, and pay over and deliver all the estate, title papers and effects remaining in his hands or due from him on such settlement, to the person or persons lawfully entitled thereto, then this obligation shall be void: otherwise to remain in full force and virtue.

Testamentary guardian.

To be commissioned.

Application for appointment.

Suit on bond.

§ 8. A testamentary guardian shall have the same powers and perform the same duties within the scope of his appointment, as a guardian appointed by the county court.

9. A testamentary guardian, except for the custody and tuition of the minor, shall, before he can act, be commissioned by the county court of the proper county and give the bond prescribed in section seven of this act-except, that when the testator has requested in his will that a bond be not required, it shall not be required unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the court shall deem it necessary to require it.

§ 10. Upon application being made for the appointment of a guardian, unless the proper persons are before it, the court shall assign a day for the hearing thereof, and shall direct such notice of the hearing to be given to the relatives of the minor, residing in the county, as he shall, on due inquiry, think reasonable. When any person shall at the same time be appointed guardian for several minors, the court may, if the estate shall be so situated as to make it more convenient or advantageous to the interest of the ward, include all in one bond.

§ 11. Bonds may be put in suit in the name of the People of the State of Illinois, to the use of any person entitled to recover on a breach thereof, and damages assessed and proceedings had thereon, as in other cases of penal bonds.

Inventory of 12. The guardian shall, within sixty days after his appointment, or if the court is not in session at the expira

estate.

tion of that time, at the next time thereafter, return to the court a true and perfect inventory of the real and personal estate of the ward, signed by him and verified by his affidavit. As often as other estate shall thereafter come to his knowledge, he shall return an inventory thereof, within sixty days from the time the same shall come to his knowledge.

§ 13. The inventory shall describe the real estate, its Description of probable value and rental, and state whether the same is estate. incumbered, and, if incumbered, how and for how much; what amount of money is on hand; and contain a list of all personal property, including annuities and credits of the ward, designating them as "good," "doubtful" or "desperate," as the case may be.

§ 14. The guardian shall, at the expiration of a year Settlement of from his appointment, settle his accounts as guardian with accounts. the county court, and at least once every three years thereafter, and as much oftener as the court may require.

trust.

§ 15. At the expiration of his trust he shall pay and Expiration of deliver to those entitled thereto all the money, estate and title papers in his hands as guardian, or with which he is chargeable as such.

§ 16. On every accounting and final settlement of guar- Final settlement dian he shall exhibit and file his account as such guardian, setting forth specifically, in separate items, on what account expenditures were made by him, aud all sums received and paid out since his last accounting, and on what account each was received and paid out, and showing the true balance of money on hand, which account shall be accompanied by proper vouchers, and signed by him and verified by his affidavit.

wards.

§ 17. The guardian shall settle all accounts of his ward, Accounts of and demand and sue for, and receive in his own name as guardian, all personal property of and demands due the ward, or with the approbation of the court compound for the same, and give a discharge to the debtor upon receiving a fair and just dividend of his estate and effects.

§ 18. He shall appear for and represent his ward in all Legal suits. legal suits and proceedings, unless another person is appointed for that purpose as guardian or next friend; but nothing contained in this act shall impair or effect the power of any court or justice of the peace to appoint a guardian to defend the interest of a minor impleaded in such court or interested in a suit or matter therein pending, nor their power to appoint or allow any person, as next friend for a minor, to commence, prosecute or defend any suit in his behalf.

Management

19. The guardian shall manage the estate of his ward of estate. frugally and without waste, and apply the income and profit thereof, so far as the same may be necessary, to the comfort and suitable support and education of his ward.

Education of

ward

When money is insufficient.

Money to be

§ 20. The guardian shall educate his ward, and it is made the duty of all civil officers to give information to the county court of any neglect of the guardian to his ward.

§ 21. When there is not money of the ward sufficient to teach him to read and write, and the elementary rules of arithmetic, and the guardian fails or neglects to have him so educated, the court shall have power to put out the ward to any other person for the purpose of having him so educated.

§ 22. It shall be the duty of the guardian to put and kept at interest. keep his ward's money at interest, upon security, to be approved by the court, or invest the same in United States bonds, or other United States interest-bearing securities. Personal security may be taken for loans not exceeding one hundred dollars. Loans in large amounts shall be upon real estate security. No loan shall be made for a longer time than three years, nor beyond the minority of the ward: Provided, the same may be extended from year to year without the approval of the court. The guardian shall be chargeable with interest upon any money which he shall wrongfully or negligently allow to remain in his hands un invested after the same might have been invested.

Lease of real estate.

Mortgage and sale.

Petition county court.

mortgage.

to

$ 23. The guardian may lease the real estate of the ward upon such terms and for such length of time, not extending beyond the minority of the ward, as the county court shall approve.

24. The guardian may, by leave of the county court, mortgage the real estate of the ward for a term of years not exceeding the minority of the ward, or in fee; but the time of the maturity of the indebtedness secured by such mortgage shall not be extended beyond the time of minority of the ward.

§ 25. Before any mortgage shall be made, the guardian shall petition the county court for an order authorizing such mortgage to be made, in which petition shall be set out the condition of the estate, and the facts and circumstances on which the petition is founded, and a description of the premises sought to be mortgaged.

Foreclosures of § 26. Foreclosures of mortgages authorized by this act shall only be made by petition to the county court of the county where letters of guardianship were granted, or in case of non-resident minors, in the county in which the premises, or some part thereof, are situated, in which proceeding the guardian and ward shall be made defendants; and any sale made by virtue of any order or decree of foreclosure of such mortgage may, at any time before confirmation, be set aside by the court for inadequacy of price, or other good cause, and shall not be binding upon the guardian or ward until confirmed by the court.

Decree of foreclosure.

27. No decree of strict foreclosure shall be made upon any such mortgage, but redemption shall be allowed as is