MINORS, ORPHANS, AND GUARDIANS.

1, 1827.

may choose

p.126.236.315 496.

AN ACT Concerning Minors, Orphans, and Guardians. In force June
SEC. 1. Be it enacted by the people of the state of Illinois, Ophan minors
represented in the General Assembly, That the courts of
probate, in their respective counties, shall admit orphans, guardians.
minors, above the age of fourteen years, the father being
dead, to make choice of guardians, and appoint guardi-
ans for such as are under the age of fourteen years, in all
cases where such minor shall be possessed of, or entitled
to real or personal estate.
SEC. 2. Whenever it shall be represented to said court, Judges of pro-
that any orphan minor, above the age of fourteen years,
has not a guardian, it shall be the duty of said court to
issue a notification to such minor, to appear before the
said court, at a time therein specified, and choose a guar-
dian; and if such minor shall neglect or refuse to appear,
or on appearing, shall neglect to choose a guardian, the
said court shall appoint one for such minor, as if said mi-
nor were under the age of fourteen years.

bate may noti-
fy minor to ap-

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
and personal, conditioned as follows: "The condition of
this obligation is such that if the above bound A. B. who
has been appointed guardian for C. D., shall faithfully
discharge the office and trust of such guardian according
to law; and shall render a fair and just account of his
said guardianship to the court of probate for the county
of
from time to time, as he shall be thereto re-
quired by said court, and comply with all the orders of
said court lawfully made, relative to the goods, chattels,
and moneys of such minor, and render and pay to such
minor, all moneys, goods, and chattels, title papers, and
effects, which may come to the hands or possession of
such guardian, belonging to such minor, when such mi-
nor shall be thereto entitled, or to any subsequent guar-
dian, should such court so direct; then this obligation
shall be void, or otherwise to remain in full force and
virtue;" which bond shall be taken to the people of the
state of Illinois, for the use of such minor, and shall not
become void upon the first recovery, but may be put in
suit from time to time, against all or any one or more of
the obligors, in the name, and to the use and benefit of
any person entitled, by a breach thereof, until the whole
penalty shall be recovered thereon.

Judge of pro-
SEC. 7. Courts of probate shall have power in their
bate may call respective counties, with or without previous complaint,
guardian to ac- by an order duly made and served, to oblige all guar-
dians of minors from time to time, to render their respec-
tive accounts upon oath, touching their guardianship to
said courts, for adjustment, and shall have power to com-
pel such guardian to give supplementary security, when-
ever it shall judge proper, and in default thereof, to re-
move such guardian.

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
by guardian,

guardian to his or her ward: Provided, when there are
not moneys sufficient to teach the ward to read and write,
and the ground rules of arithmetic, and the guardian
refuses and neglects to have them so educated, the court In case of omis-
shall have power to put out to any other
the ward,
person
for the purpose of having the same so educated. The court shall act.
judge of probate shall, in all cases, when information is
made of the neglect of any guardian to educate his or her
ward, and on the facts being established, remove such Guardian may
guardian, and appoint a suitable person to act as guardian be removed.
and superintend the education of such minor or orphan..

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.
actual freedom; which certificate shall have the seal of
such court affixed to it. On producing the same to the
clerk of the circuit court of the county in which he shall
intend to settle, it shall be the duty of such clerk to make
an entry thereof, and endorse a certificate on the original
certificate, stating the time the same was entered in his
office, and the name and description of the person pro-
ducing the same; after which it shall be lawful for such
free negro or mulatto to reside in this state.

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.