MINORS, ORPHANS, AND GUARDIANS. 1, 1827. may choose p.126.236.315 496. AN ACT Concerning Minors, Orphans, and Guardians. In force June bate may noti- pear. Father may be SEC. 3. Where a minor having a father living shall be entitled to, or possessed of any estate, real or personal, appointed guarnot derived from his or her father, the said court of pro- dian. bate, shall notify the father to appear and shew cause, why a guardian for such minor should not be appointed; if sufficient reason be not shewn, may appoint the father, if he be a proper person, if not, then such other person as the minor, if of the age of fourteen years, may choose; if such minor shall refuse or neglect, or be not of sufficient age to choose a guardian, the court shall appoint some fit person to be guardian for such minor. And when any person is appointed guardian, other than the father, he shall have the charge and management of the estate, but no control over the person of the minor. SEC. 4. If the father of a minor be insane, or incapa- If father be inble from want of understanding, to take care of, and pro- sane. vide for such minor, the court of probate shall appoint a guardian as though such father were dead; such insanity or incapacity to be ascertained by inquest in the circuit court, as in other cases. SEC. 5. Guardians by virtue of their office as such, Guardians to shall be allowed in all cases, to prosecute and defend for prosecute and their ward. defend for ward Bond to be ex SEC. 6. The court of probate shall take, of each guar-ecuted by guardian appointed under this act, bond with good security, dian. Condition. count. in a sum double the amount of the minor's estate, real Judge of pro- Power to remove guardian. SEC. 8. The court of probate in all cases shall have power to remove guardians for good and sufficient reasons, which shall be entered on record, and to appoint others in their place, or in the place of those who may die, who shall give bond and security for the faithful discharge of their duties as heretofore prescribed in this act; and where any guardian shall be removed or die, and a successor be appointed, the court shall have power to compel. such guardian, so removed, or the executors or administrators of a deceased guardian, to deliver up to such successor, all goods, chattels, moneys, title papers, or other effects, belonging to such minor, which may be in the possession of such guardian, so removed, or of the executors or administrators of a deceased guardian, or of any other person or persons who may have the same, and upon failure, to commit the party offending to prison, until he, she, or they, comply with the order of the court. SEC. 9. Guardians shall have power to demand, sue Power of guarfor, and receive all moneys belonging to their wards from dian. executors and administrators, as soon as the same may be collected; or of any other person or persons in whose hands or possession the same may be: and it shall moreover be their duty to put to interest the noneys of their wards upon mortgage security, to be approved of by the court; which letting shall always be for one year, and at the end of each year the interest shall be added to, and made part of the principal: and said guardians shall also have power to lease the real estate of the ward, upon such terms and for such length of time as the court of probate shall direct: Provided, such leasing shall never be for a longer time than during the minority of the ward; and the minority of females shall cease at the age of eighteen years. SEC. 10. The guardian shall have power, under the Educatio Batucation of direction of the court of probate, to superintend the edu- ward. cation and nurture of the ward; and for that purpose, may pay out such portions of the ward's money as the court of probate shall from time to time by order direct: Provided, that the rents and profits arising from his real estate, and next the interest on the ward's money, shall always be first resorted to for the education and nurture of the ward. SEC. 11. The circuit court may, for just and reasonable Sale of real cause, being satisfied that the guardian has faithfully estate. applied all the personal estate, order the sale of the real estate of the ward, on the application of the guardian by petition in writing, stating the facts, and having given notice to all persons concerned, of such intended application, in some public newspaper printed in this state, or by setting up written notices in three of the most public places in the county, at least three weeks before the sitting of the court. Such order may enable the guardians to sell and convey the real estate for the support and education of the ward, or to invest the proceeds in other real estates. The court in such order shall direct the time and place of sale, the notice thereof to be given, Notice to be and may direct the sale to be made on reasonable credit, given. and require such security of the guardian and purchaser as the interest of the ward may require. It shall be the duty of the guardian making such sale, as soon as may be, to make return of such proceedings to the court granting the order, which, if approved by the court, shall be recorded, and shall vest in the purchaser or purchasers Jee Account of mo and returned. all the interest the ward had in the estate so sold; application for the sale of such real estate shall be made in the county where the ward shall reside, although the estate may lie in a different county: but if the ward do not reside in this state, such application shall be made to the court of the county where the whole or a part of the estate shall be situated. SEC. 12. An account of all moneys received by any neys to be kept guardian for the sale of real estate of any minor, as aforesaid, shall be returned on oath by such guardian, to the court of probate of the county where letters of guardianship were obtained; and such moneys shall be accounted for, and shall be subject to the order of the court of probate in like manner as other moneys belonging to such minor. Appeals from SEC. 13. Appeals shall be allowed in all cases from the judge of pro- order or judgment of the court of probate to the circuit court, in the same manner as is provided by an act rela133.63 tive to wills and testaments, executors and administrators, bate. Compensation and the settlement of intestate's estates. SEC. 14. Guardians, on final settlement, shall be allowof guardian. ed such fees and compensations for their services as shall seem reasonable and just to the judge of probate, not exceeding what are, or shall be allowed by law, to ad Laws repealed. ministrators. SEC. 15. All laws and parts of laws heretofore enacted on the subject of appointing guardians to minors, and for the management of their estates, and every thing relating thereto, are hereby repealed; but no right acquired, or proceedings had, or which may be acquired or had before this act takes effect, under those laws, shall be impaired or set aside in consequence of the passage of this act; and all settlements in those cases shall be made agreeably to the requisitions and provisions of the same. This act to take effect and be in force on the 1st day of June next. APPROVED, Feb. 5, 1827, In force Feb. AN ACT to amend an act concerning Minors, Orphans, and Guardians, approved, Feb. 4, 1827. 7, 1831. Guardians SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all guardians shall hereafter educate their wards; and it is hereby shall educate made the duty of all civil county officers, to give information to the court of probate, of neglect or omission of any wards. sion to educate guardian to his or her ward: Provided, when there are his ward. SEC. 2. Guardians shall have power to loan out the Guardian may moneys of their wards at interest, in sums not exceeding loan money of one hundred dollars, on personal security, to be approved of by the judge of probáte; Provided, it shall not be let for a longer time than twelve months without a renewal, and an approval of the security by the court; and if neglected longer, it shall be at the responsibility of the guardian. In all cases of any person being appointed guardian for more than one ward at one time, the judge of probate shall include all in one bond. APPROVED, Feb. 7, 1831. Bond. NEGROES, &c. AN ACT respecting Free Negroes, Mulattoes, Servants, and In force March Slaves. SEC. 1. Be it enacted by the people of the state of Illinois, 30, 1819. represented in the General Assembly, That from and after 184 p. 189 the passage of this act, no black or mulatto person shall be permitted to settle or reside in this state, unless he or she shall first produce a certificate, signed by some judge Certificate of or clerk of some court in the United States, of his or her freedom. SEC. 2. And be it further enacted, That it shall be the Negroes having duty of all free negroes and mulattoes who shall come to families. |