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 requir ing 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 cause.

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 shall 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 [mentioned] 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 sale, 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

Act, to file the same in the office of the clerk of the court appointing such guardian; which claim shall be itemized and give the date of each item and be verified by the oath of the claimant and, unless the guardian of the estate of said minor waives the issuance of process, the clerk of the court shall issue a summons directed to the sheriff of the county where such guardian resides, requiring such guardian to appear and defend such claim at any day of any term of court, fixed by the court, not less than ten days nor more than thirty days from the service of such summons, whereupon or at such time thereafter as the court may fix, the court may proceed to hear the same, as in cases of claims against the estate of deceased persons, and the practice in the hearing of such claims and demands shall be the same, as near as may be as the practice in the trials of claims filed against the estates of decedents, in the County Court, and the court may dismiss the claim, or allow the same in whole or in part, or make any other order therein, as may be just and equitable, and order the same to be paid by the guardian as he shall have funds applicable thereto; nothing herein shall be construed to abrogate any of the legal defenses of a minor according to law. Either party may demand a jury of six or twelve men to try the issue and it shall be the duty of the County or Probate Court where a jury is demanded to issue a venire to the sheriff of the county to summon a jury, to be composed of the number demanded. When a claim is filed, in, the County Court against the estate of a minor, and it appears on the trial thereof that such claimant is indebted to said minor, the said court may give judgment against the claimant therefor and execution may issue thereon in favor of the guardian or said minor; provided, nothing in this section shall exclude the jurisdiction of other courts.

$55. Depositions of witnesses in proceedings under this Act shall be taken in the same manner, as near as may be, as is now or may hereafter be provided by law for the depositions of such witnesses in suits at law or in chancery.

(HOUSE BILL No. 543. APPROVED JUNE 28, 1919.)

AN ACT to amend sections twenty-eight (28) and thirty-two (32) of an Act entitled. “An Act in regard to guardians and wards", approved April 10, 1872, in force July 1, 1872:

SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That sections twenty-eight (28) and thirty-two (32), of an Act entitled: "An Act in regard to guardians and wards" approved April 10, 1872, in force July 1, 1872 be and the same are hereby amended to read as follows:

§ 28. On the petition of the guardian, the County Court of the county where the ward resides, or if the ward does not reside in the State, of the county where the real estate, or some part of it is situated, may order the sale of the real estate of the ward, or of the right to mine and obtain any mineral or the right to drill and obtain oil or gas from the land of the ward, for his support and education, when the court shall deem it necessary or to invest the proceeds in other real estate or for the purpose of otherwise investing the same: Provided, the said County Court shall make no order for a sale under said petition until the said guardian shall have executed and filed 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 value of the real estate or mining rights by said petition sought to be sold, conditioned for the due and faithful accounting for, and disposition of the proceeds of all real estate or mining rights that may be sold by him under such order, in the manner provided by law; provided, further that in case of the sale of any mining right of a ward upon a royalty basis and not for a lump sum, the bond herein provided for shall be for such sum as the court may direct; which bond 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. And the court may also investigate and determine all questions of conflicting or controverted titles arising between any of the parties to such proceeding, and may remove clouds from the title to any real estate or mining right sought to be sold or mortgaged, and invest purchasers or mortgagees with a good and indefeasible title to the premises sold or mortgaged.

§ 32. No lands or tenements or mining rights shall be sold by virtue of any order or decree of the County or Probate Court unless such sale is at public vendue and between the hours of ten o'clock in the forenoon and five o'clock in the afternoon of the same day, nor unless the time, place and terms of holding such sale were previously published for the space of four weeks by posting up notices thereof in at least four of the most public places in the county where such real estate shall be sold, and also by causing a similar notice thereof to be published four successive weeks prior to the sale, in some newspaper published in such county, or if there be no such newspaper, then in such other newspaper in this State as the court shall direct, nor unless such real estate or mining rights shall be described with common certainty in such notices. And the court may direct the sale to be made on reasonable credit and when mining rights only are sold the court may direct the sale thereof to be made either upon a royalty basis or for a lump sum in such manner and upon such terms as may appear to the court to be for the best interest of the ward and may require such security of the guardian or purchaser as the interests of the ward may require.

APPROVED June 28, 1919.