« ForrigeFortsett »
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.
APPROVED June 28, 1919.
SALE OF REAL ESTATE OR MINING RIGHTS.
§ 1. Amends sections 28 and 32, Act § 32. Sale of real estate, of 1872. mining rights, etc.
$ 28. Proceedings to sell real
(Hous E BILL No. 543. APPROVED JUNE 28, 1919.)
AN ACT to amend sections twenty-eight (28) and thirty-firo (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.
§ 1. Counties or cities may provide for $ 3. To whom to apply. segregation of persons suffering
with communicable diseases. § 4. Person charged with crime may be sent to hospital if suffering § 2. May provide hospitals—cost to be with disease.
paid from public funds.
AN ACT to enable counties or cities to segregate and treat persons suffering from certain communicable diseases. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any county or city may by ordinance or order provide for the segregation and treatment of persons suffering from communicable venereal diseases. § 2. Such counties or cities may provide for the procurement and maintenance of hospitals, sanitaria or clinics or for the segregation or treatment in hospitals, sanitaria or clinics already established and pay the cost and expenses thereof from the public funds of such county or city. * §3. Any person suffering from any communicable venereal disease may apply to the county or city clerk, the clerk of any County or City Court or to any peace officer for admission to treatment in such county or city hospital, sanitarium or clinic and it shall be the duty of such officer to refer such applicants to the director or person in charge of such institution to treat such applicant as the case may require. § 4. When it appears to any judge or justice of the peace from the evidence or otherwise that any person coming before him on any criminal charge may be suffering from any communicable venereal disease, it shall be the duty of such judge or justice of the peace to refer such person to the director of such hospital, sanitarium or clinic, or to such other officer as shall be selected or appointed, for the purpose of examining the accused person and if such person be found to be suffering from any communicable venereal disease, he or she may by order of the court be sent for treatment to a hospital, sanitarium or clinic if any be available and if necessary to be segregated for such term as the court may impose at such hospital, sanitarium or clinic. APPROVED June 28, 1919.
EXEMPTION. § 1. Amends section 4, Act of 1873. § 4. Procedure in validating. (House BILL No. 516. APPROVED JUNE 23, 1919.)
AN ACT to amend section 4 of an Act entitled, “An Act to amend an Act entitled 'An Act to ea'empt the homestead from forced sale, and to provide for setling off the same, and to eacempt certain personal properly from attachment and sale on eacecution, and from distress for rent"; approved April 30, 1873; in force July 1, 1873, as subsequently amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 4 of an Act entitled “An Act to amend an Act entitled “An Act to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain personal property from attachment and sale on execution, and from distress for rent”; approved April 30, 1873; in force July 1, 1873, as subsequently amended, so that said section when amended will read as follows: § 4. No release, waiver or conveyance of the estate so exempted, shall be valid, unless the same is in writing, subscribed by said householder and his or her wife or husband, if he or she have one, and acknowledged in the same manner as conveyances of real estate are required to be acknowledged, or possession is abandoned or given pursuant to the conveyance; or if the exemption is continued to a child or children, without the order of a court of competent jurisdiction directing a release thereof: Provided that where a conveyance is made by a husband, who is such householder as grantor, to his wife, or by a wife who is such householder as grantor, to her husband, such conveyance shall be effectual to pass the title expressed therein to be conveyed thereby whether the grantor in such conveyance is joined therein by such wife or husband, as the case may be or not. And provided further, in all cases where such release, waiver or conveyance shall be taken by way of mortgage or security, the same shall only be operative as to such specific release, waiver or conveyance; and when the same includes different pieces of land, or the homestead is of greater value than one thousand dollars, said other lands shall first be sold before resorting to the homestead, and in case of the sale of such homestead, if any balance shall remain after the payment of the debt and costs, such balance shall, to the extent of one thousand dollars ($1,000) be exempt, and be applied upon such homestead exemption in the manner provided by law. APPROVED June 23, 1919.
POWERS AND DUTIES OF COMMISSION.
§ 1. Members—how chosen. § 3. Duty. § 2. Organization—term of service. § 4. Sources of information and assistance.
(SENATE BILL No. 530. APPROVED JUNE 28, 1919.)
AN ACT to establish the Illinois Housing and Building Commission and to define its powers and duties. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Illinois Housing and Building Commission is hereby created. Such commission shall consist of seven members, all to be appointed by the Governor. Of the seven members of said commission, two shall be members of the Senate of the 51st General Assembly, two shall be members of the House of Representatives of the 51st General Assembly, one shall be an architect, one shall be a building contractor, and the seventh member any voter in the State of Illinois. The Governor shall designate the chairman of said commission. § 2. The commissioners shall meet and organize as soon as possible after their appointment. The duties and functions of the commission shall cease and the terms of office of the members thereof shall terminate upon the convening of the 52nd General Assembly. § 3. It shall be the duty of the commission to prepare and draft a State housing code, a State building code, and a zoning bill for the State of Illinois, for presentation to the 52nd General Assembly. § 4. The Department of Public Works and Buildings, the Department of Public Welfare, the Department of Public Health, the Department of Trade and Commerce, the Department of Labor, the Joint Legislative Reference Bureau and all other departments and agencies of the State government shall furnish such information and assistance as may be required of them by the commission, with reference to the performance of its duties under the provisions of this Act. APPROVED June 28, 1919.