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§ 7. Upon the presentation of proper vouchers certified to by the President of the Senate, the Auditor of Public Accounts shall draw his warrants in favor of all officers and employees of the Senate elected or appointed pursuant to the provisions of this Act.
Upon the presentation of proper vouchers certified to by the Speaker of the House of Representatives, the Auditor of Public Accounts shall draw his warrants in favor of all officers and employees of the House of Representatives elected or appointed pursuant to the provisions of this Act.
$ 8. All officers and employees of either House of the General Assembly elected or appointed pursuant to the provisions of this Act, shall be considered as officers and employees of the General Assembly and shall be paid out of the appropriation or appropriations for the pay or compensation of the members, officers and employees of the General Assembly.
§ 9. An Act entitled: “An Act to provide for the election and appointment of officers and employees of the General Assembly of the State and fix their compensation and to repeal certain Acts therein named,” approved and in force May 25, 1911, as amended, is repealed.
§ 10. Because of an emergency, this Act shall be in full force and effect from and after its passage.
APPROVED March 4, 1919.
GUARDIANS AND WARDS.
AMENDMENTS OF 1919.
§ 1. Amends sections 2, 13, 15, 16, 24, § 51. When guardian may 25, 29 and 47; adds sections 51, assent to sale of 52, 53, 54 and 55, Act of 1872. minor's interest in real estate about to § 2. Appointment—jurisdic- be sold by decree of tion — non-resident court—court to asshall not be ap- certain fair cash
pointed. value. § 13. Form of inventory. § 52. Unlawful possession of any goods, etc., be§ 15. Final settlement. longing to minor
duty of court.
§ 16. Accounting on final
$ 47. Sale of real estate by
(Hous E BILL No. 726. APPROVED JUNE 28, 1919.) AN ACT to amend an Act entitled, “An Act in regard to guardians and wards,” approved April 10, 1872, in force July 1, 1872, as amended, by amending sections 2, 13, 15, 16, 24, 25, 29 and 7 thereof, and by adding thereto five new sections to be known as sections 51, 52, 53, 5A and 55. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled: “An Act
in regard to guardians and wards,” approved April 10, 1872, in force July 1, 1872, as amended, is amended by amending sections 2, 13, 15, 16, 24, 25, 29 and 4; thereof, and by adding thereto five new sections, to be known as sections 51, ’52, 53, 54 and 55, the amended and added sections to read as follows: * § 2. The County Courts in their respective counties may, when it shall appear necessary or convenient, appoint guardians of 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; provided, no non-resident of this State shall be appointed under this Act as guardian. § 13. The inventory shall describe the real estate, its probable value and rental, how derived and state whether the same is encumbered, and if encumbered, 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, and in case of notes, bonds or other securities, giving the rate of interest, to what date interest has been paid, when due and how secured, designating them as “good”, “doubtful,” or “desperate,” as the case may be. § 15. At the expiration of his trust, or sooner if the court shall direct, the guardian shall pay and deliver to those entitled thereto, all the property, money, estate and title papers in his hands as guardian, or with which he is chargeable as such. Whenever any ward, of whose estate a guardian is appointed under this Act, shall die, seized or possessed of or interested in any real or personal estate, then such guardian shall have full power and authority under the letters issued to him or her, and subject to the direction of the County Court to make final settlement and distribution of the estate of such deceased ward without further letters of administration in such time and manner as is required by law of administrators of the estates of deceased persons. § 16. On any accounting and final settlement of the guardian, he shall exhibit and file his account as such guardian setting forth specifically, in separate items, on what account expenditures were made by him, and all sums received and paid out since his last accounting, and of all moneys due his ward from all sources, and of all money on hand, and an itemized account of all notes, bonds, accounts and evidences of indebtedness composing the personal estate of his ward, and said guardian shall produce and exhibit to the court the notes, bonds, accounts and evidences of indebtedness so itemized, and it is hereby made the duty of the court to inspect the assets so exhibited. Such account shall be accompanied by proper vouchers and signed by him and verified by his affidavit. If the guardian shall fail to present a full, complete and true account, as required by law, the County Court shall have full power to state such an account, which account so stated by the court, when entered of record, shall be binding and conclusive against such guardian, and the surety or sureties on his bond or bonds; subject, however, to the right of appeal as in other cases.
The County Courts of this State shall enforce the settlements of estates within the time prescribed by law, and upon the failure of the guardian to make settlement, as provided by law, the court shall order a citation to issue to the sheriff of the county where the guardian resides, or may be found, requiring said guardian to appear at a time to be fixed by the court and make settlement of the estate or show cause why the same is not done; and if the guardian fails to appear at the time required by such citation, the court shall order an attachment requiring the sheriff of the county where the guardian resides or may be found, to bring the body of said guardian before the court; and upon a failure of the guardian to make settlement under the order of the court after having been so attached, he may be dealt with as for contempt, and shall be forthwith removed by the court, and some discreet person appointed in his stead; the costs of such citation or attachment to be paid by the delinquent guardian, and the court shall enter a judgment therefor, and a fee bill and execution may issue thereon. $ 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. The guardian of the estate of a minor may, by leave of the County Court, join, on behalf of said board, with the husband or wife of said ward, in the execution and delivery of any mortgage or deed of trust in the nature of a mortgage, upon such husband’s or wife's real estate, and release, for the benefit only of such mortgage or deed of trust in the nature of a mortgage, the dower and homestead interest of said ward in said real estate. § 25. Before any mortgage shall be made, or joined in by the guardian, pursuant to the preceding section, the guardian shall petition the County or Probate Court of the county where the ward resides, or if the ward does not reside in the State, then of the county where the real estate or some part of it is situated, as the case may be, for an order authorizing such mortgage to be made, or authorizing the guardian to join therein as above provided, 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. The petition shall be signed by the guardian and verified by his affidavit, and shall be filed at least ten days before a hearing shall be had thereon. Notice of such application shall be given at least ten days before the hearing thereof to “All Persons Concerned” by publication in some newspaper published in the county where the application is made at least once or by setting up written or printed notices in four of the most public places in the county and the ward shall be served with a copy of such notice in the manner provided for service of summons in suits in chancery. Such application shall be docketed as other causes, and the petition may be amended, heard or continued for further notice, or for other caus".
The practice in such cases shall be the same as in other cases in chancery. It shall be the duty of the guardian after making or joining in such mortgage, as soon as may be, to make a report of his action to the court granting the order which, if approved, shall be recorded and vest in the mortgagee a good and valid lien on the minor’s interest in the mortgaged premises for the full amount of such mortgage. The word “mortgage” as used in this Act shall include a trust deed and any instrument in the nature of a mortgage. § 29. The petition shali set forth the facts and circumstances on which the petition is founded, the condition of the estate, a particular description of the real estate sought to be sold, the interest of the ward therein, and the nature and extent of all liens upon, and other interest, if any, in said real estate, so far as the same may be known to the petitioner. The petition shall be signed by the guardian and verified by his affidavit, and shall be filed at least ten days before the commencement of the term of court, at which the application shall be made. § 47. Where any person residing in any other state of the United States, or any territory thereof, or in any foreign country, shall have been or may hereafter be appointed guardian, in the state, territory or country in which such person resides, of any infant or other person owning real estate within this State, not having a guardian in this State, it shall and may be lawful for every such guardian to file his or her petition in the Circuit, County or Probate Court of the county in which said real estate, or the major part thereof, may lie, for sale of said real estate, for the purpose of educating and supporting such infant or other person, or for the purpose of investing the proceeds of such real estate, or for such other purpose as the court which appointed such guardian may order and direct; and the said Circuit, County or Probate Court is hereby fully authorized and empowered to order a sale of such real estate, conformably to the prayer of said petition: Provided, that every such guardian applying for such sale shall file with his or her petition an authenticated copy of his or her letters of guardianship; and, provided, further, that the said Circuit, County or Probate Court shall make no order for sale under said petition, until the said guardian shall have executed and filed, in the court which appointed said guardian, a bond, with sufficient security, approved by said last mentioned court, for the due and faithful application of the proceeds of every such sale, in such manner as the said last mentioneed smentioned] court may direct, an authenticated copy of which said bond, and the approval thereof, shall be deemed and taken by the Circuit, County or Probate Court as sufficient evidence of the execution and filing of the same. The proceeding and practice and the powers of the court in such case shall be the same, as near as may be, as is provided by law in cases of applications and proceedings by resident guardians to sell lands of their wards. § 51. Whenever real estate is about to be sold by virtue of the decree of any court in this State, in which any minor has an estate of homestead, dower or any other interest whatever, the guardian of the estate of such minor may petition the court wherein such proceedings are or may be pending, appointing such guardian for authority to assent in behalf of his ward to the sale of such minor’s homestead estate or dower, or other interest in the real estate so sought to be sold, and if the court shall find that the interests of such minor will be conserved thereby, or that it is to the best interest of said minor that the said interest in said real estate be sold, it shall be lawful for the court to enter an order so authorizing said guardian to assent to the sale of said minor’s homestead, dower, and any and all other interests of said minor in such real estate, and said guardian shall then so assent in writing in the proceeding for such sale, whereupon it shall be lawful for the court wherein such proceeding to sell such real estate is or may be pending to enter an order, or embody in its decree a provision, directing such real estate to be sold free and clear of said minor’s homestead estate or dower, and any and all other estate and interest of said minor in such real estate or any part thereof; and the conveyance pursuant to such decree, shall be valid and effectual to convey to the purchaser the homestead estate, dower and any and all other interest of such minor in and to the real estate so conveyed; provided, that before any disposition or distribution of the proceeds of such saie, the court shall ascertain the fair cash value of said homestead estate, dower and other interest, if any, of said minor in said real estate, which shall be paid over to his guardian, less any portion of the costs of the proceeding equitably chargeable to said minor's interest in such proceeds of such sale. § 52. If any guardian of the estate of a minor, or any other person interested in said minor or his estate, or any other person shall state upon oath, to any County Court, that he believes that any person has in his possession or control, or has concealed, converted or embezzled, any goods, chattels, moneys or effects, books of account, papers or any evidence of debt whatever, or titles to lands, belonging to said minor; or that he believes that any person has any knowledge or information of or concerning any indebtedness or evidences of indebtedness, or property, titles or effects, belonging to such minor, which knowledge or information is necessary to the recovery of the same, by suit or otherwise, by the guardian of said minor, or said minor, and that such person refuses to give to the guardian such knowledge or information, the court shall require such person to appear before it by citation, and may examine him on oath, and hear the testimony of such guardian, and other evidence offered by either party, and make such order in the premises as the case may require. § 53. If any such person so cited, refuses to answer such proper interrogatories as may be propounded to him, or refuses to deliver up such property or effects, or in case the same has been converted, the proceeds or value thereof, upon a requisition being made for that purpose by an order of the said court, such court may commit such person to jail until he shall comply with the order of the court therein. § 54. It shall be lawful for any person having a claim or demand against a minor who has a guardian of his estate appointed under this