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created by this act, or by any law for the protection of the State house or any of its grounds or appurtenances, or guilty of any breach of the peace in or about the State house or public grounds connected therewith, and convey any such offender before a proper magistrate for trial; and for such purpose they shall have the same authority as is granted to sheriffs.

14. Emergency. § 14. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage.

PAY OF MEMBERS OF GENERAL ASSEMBLY.

AN ACT to fix the pay of members of the general assembly, after its first session under the present constitution. [Approved March 29, 1872. In force July 1, 1872. L. 1871-2, p. 468.]

15. Per diem, mileage and stationery. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, until otherwise provided by law, members of the general assembly shall receive for their services the sum of $5 per day during each session; and for each session ten cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the auditor of public accounts; and also the sum of $50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites, and no more. [See Const., art. 4, § 21.

16. Pay and mileage certified. 2. The pay and mileage allowed to each member of the general assembly shall be certified by the president of the senate and speaker of the house of representatives, and entered on the journals and published at the close of each session.

OFFICERS AND EMPLOYEES OF GENERAL ASSEMBLY. AN ACT to provide for the election and appointment of the officers and employees of the general assembly of the State, and to fix their compensation. [Approved May 28, 1877. In force July 1, 1877. L. 1877, p. 111.]

*17. Officers of the senate. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the senate of the general assembly at the organization of each regular session of said senate, shall elect the following officers, viz.: A president of the senate, pro tem.; a secretary and two assistants; a sergeant-at-arms and two assistants; a postmaster and one assistant.

*18. Officers of the house. § 2. The house of representatives of the general assembly, at the organization of each regular session of said house, shall elect the following officers, viz.: A presiding officer of said house; a chief clerk and three assistants; a doorkeeper and three assistants; a postmaster and one assistant.

*19. Enrolling and engrossing clerks, etc. § 3. The senate and house of representatives shall each elect an enrolling and engrossing clerk, and two assistants; but such election shall not take place in the senate or house of representatives until after the chairman of the committee on enrolled and engrossed bills shall report to said senate or house, that the services of said enrolling and engrossing clerk

are necessary for the transaction of the business of the general assembly.

*20. Clerks of committees. 4. The senate and the house of representatives each by resolution, or as may, otherwise be deemed expedient and determined by a majority vote, of either house, appoint or cause to be appointed such number of committee clerks as the public service may require, not to exceed ten in the senate and thirteen in the house of representatives. *21. Policemen - pages. 5. The senate and house of representatives each may appoint by resolution, or otherwise, policemen and pages, not to exceed three policemen, and seven pages in the senate, and four policemen, and ten pages in the house of representatives. One of said policemen in the senate, by direction of the president of the senate and one of said policemen in the house, by direction of the speaker of the house, shall in addition to other duties, have charge of and be responsible for the transmission of the mail matter for either branch of the general assembly to and from the post-office of the city, and the State house.

*22. Private secretary. § 6. The president of the senate and the speaker of the house by consent of a majority of the members of the branch over which they respectively preside, may appoint a person to act during the session as private secretary for such presiding officer.

*23. Pay of officers. § 7. The per diem to be paid to the officers and employees designated in this act shall be as follows, viz.: The secretary of the senate and the clerk of the house of representatives shall each be paid six dollars per day, the enrolling and engrossing clerks of the senate and the house, and the sergeant-at-arms of the senate and the doorkeeper of the house, shall each be paid five dollars per day. The postmaster of the senate and the postmaster of the house, the assistant secretaries of the senate and assistant clerks of the house, and the assistant enrolling and engrossing clerks of the senate and of the house, shall each be paid four dollars per day, the assistant postmaster of the senate, the assistant postmaster of the house, the assistant sergeants of the senate and the assistant doorkeepers of the house, and the clerks of the various committees of the senate and house shall each be paid three dollars per day. The private secretaries of the president of the senate and speaker of the house, shall be paid the same sum per diem as the committee clerks. The policemen employed by either branch of the general assembly shall be paid three dollars per day. The pages employed by either branch of the general assembly, shall be paid the sum of one dollar and one-half ($1.50) per day. The janitors employed in the senate and house of representatives, and the extra janitors employed in and around the State house shall be paid not to exceed two dollars per day.

*24. How drawn. § 8. The auditor of public accounts is hereby authorized and directed to issue his warrant to the officers and employees designated in this act, upon a statement of the term of service, to be certified as follows, viz. All officers or employees elected or appointed by the house of representatives upon the certificate of the speaker of the house. All officers or employees elected or appointed by the senate, up

on the certificate of the president of the senate, and all employees appointed by the secretary of State, upon the certificate of the secretary of State.

*25. Removal of officers. § 9. Any of the employees designated in this act, for inefficiency or neglect of duty, may be removed or discharged from the service of the State, by the same authority or power that appointed them.

*26. Not to receive pay-when. § 10. No officer or person, elected or appointed, by either branch of the general assembly shall receive pay for services in excess of the number of days for which members of the general assembly are paid : Provided, however, that the secretary of the senate and his first assistant, and the clerk of the house and his first assistant, may by resolution of that branch of the general assembly of which he is an officer, be allowed pay for not exceeding ten days after the adjournment of the session, to finish up the work appertaining to their offices.

*27. No additional officers to be employed. § II. No other officer or employee, not designated in this act, shall be employed by either branch of the general assembly, except by two-thirds vote of that branch of the general assembly desiring such additional officers or employees.

#28. Are officers of assembly. § 12. All persons designated in this act to be elected or appointed by either branch of the general assembly, or by the secretary of State, shall be considered as officers and employees of the general assembly, and shall be paid out of the appropriation hereafter made for the pay of the members, officers and employees of the general assembly of this State.

*29. Repeal. § 13. All laws and parts of laws in conflict with this act are hereby repealed.

[*558]

SECTION

1.

Who are minors.

Chapter 64.

GUARDIAN AND WARD.

2. Appointment of guardian-jurisdic- 28. Proceedings to sell real estate.

SECTION

27.

No strict foreclosure allowed.

tion.

29.

Form of petition-when filed.

[blocks in formation]

30.

Notice-ward to be served.

4. Custody, etc., of minor manage

31.

Practice.

ment of estate.

32.

Sale.

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33.

Return-sale approved-title.

6.

Estate to one; custody to another.

34.

7. Bond.

Proceeds accounted for to county court-re-investment,

8. Powers and duties of testamentary

35.

guardian.

Sufficiency of sureties, court to inquire into.

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Marriage of female ward. 42. Compensation of guardian.

44. Non-resident guardian - power to

45.

When ward to be put out and edu- 46. cated.

Investment of ward's money.

collect.

Transfer of estate to non-resident guardian.

47.

22.

23. Leasing ward's real estate.
24. Mortgage of ward's real estate.

48.

Conditions applicable to §§ 44 and 45.
Sale of real estate by non-resident
guardian.
Notice-terms of sale.

49.

Deeds-title.

25.

26

Petition to mortgage real estate.
Foreclosure of mortgage.

50.

Bond for costs.

Counter security.

37.

Removal of guardian.

38.

Summons to show cause-notice.

[blocks in formation]

AN ACT in regard to guardians and wards. [Approved April 10, 1872. In force July

1, 1872.]

1. Who are minors. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That males of the age of twenty-one, and females of the age of eighteen years shall be considered of full age for all purposes; and until these ages are attained they shall be considered minors.

[Harrer v. Wallner, 80 Ill. 197; Stevenson v. Westfall, 18 Ill. 209; Kester v. Stark, 19 Ill. 328; Young v. Lorain, 11 Ill. 624.

2. Appointment -jurisdiction. § 2. The county courts in their respective counties may, when it shall appear necessary or convenient, appoint guardians to 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. [R. S. 1845, p. 265, § 3.

3. Nomination. § 3. If a minor is under the age of fourteen years, the county court may nominate and appoint his guardian. If he is above that age he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly; if not approved by the court, or if the minor resides out of the State, or if, after being cited, he neglects to nominate a suitable person, the court may nominate and appoint his guardian in the same manner as if he was under the age of fourteen years: Provided, that in all cases when a guardian has been appointed by the court while the minor was under the age of fourteen years, such minor, on attaining the age of fourteen years, may at his election nominate his own guardian, who shall be appointed by the court if deemed a suitable person, and the new guardian so appointed shall I supersede the former one, whose functions shall thenceforth cease and determine; and it shall be the duty of the former guardian to deliver up to his successor all the goods, chattels, moneys, title papers and other effects belonging to such minor in like manner and subject to the same penalties as are provided in the fortieth (40th) section [*559] of this act, upon the removal, death or resignation of a guardian. [As amended by act approved March 23, 1874. R. S. 1845, p. 265, SS 1, 2. *4. Custody, etc.-estate. § 4. The guardian of a minor shall have, under the direction of the court, the custody, nurture and tuition of his ward, and the care and management of his estate. But the father of the minor, if living, and in the case of his death the mother, they being respectively competent to transact their own business, and fit persons, shall be entitled to the custody of the person of the minor and the care of his education. In case the father and mother shall live apart, the court may, for good reason, award the custody and education of the minor to the mother or other proper person. Provided, that whenever any person or persons shall make any settlement upon or provision for the support and education of any minor child. it shall be competent for the court, in case either the father or mother of such child be dead, to make such order in relation to the visitation of such minor child by such person or persons so making such settlement or provision, as shall to the court seem meet and proper. [As amended by act approved June 25, 1883. In force July 1, 1883. L. 1883, p. 100.

[Meyer v. Temme, 72 Ill. 574; Cowls v. Cowls, 3 Gilm. 435; Miner v. Miner, 11 Ill. In re Smith, 13 Ill. 138; Wilcox v. Wilcox, 14 N. Y. 575; Wickiser v. Cook, 85 1. 68; Noble v. Runyan, 85 Ill. 618.

5. Testamentary guardian. 5. The father, being of sound mind and memory, of a child likely to be born, or of any living child, being a minor and unmarried, may, by his last will, dispose of the custody and tuition of such child, to continue during its minority, or for a less time: Provided, no such will shall take effect to deprive the mother, during her life, of the custody and tuition of the child, without her consent, if she be a fit and competent person to have such custody and tuition. The mother, being of sound mind and memory, and being sole, or surviving the father of her child, may, in like manner, dispose of the custody and tuition of such child.

[R. S. 1845. p. 268, § 17; Furman v. Sise, 56 N. Y. 435; Magee v. Magee, 65 Ill. 256; Mowbry v. Mowbry, 64 Ill. 387; Scott v. White, 71 Ill. 288; Meyer v. Temme, 72 Ill. 574; Paulin v. Howser, 63 III. 312.

6. Estate-custody. § 6. The guardianship of the infant's estate may be appointed to one, and the custody and tuition of the minor to another.

7. Bond. § 7. The county court shall take of the guardian appointed by it, a bond, payable to the People of the State of Illinois, with

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