fees of the jury, shall be paid by the petitioner, and judgment may be awarded against him therefor. If such person is found to be insane, such costs shall be paid by his guardian, conservator, or relatives, as the court may direct. If the person alleged to be insane is a pauper, the costs of the proceeding, including the fees of the jury, shall be paid out of the county treasury: Provided, if such pauper is found not to be insane, the court may, in its discretion, award the costs against the petitioner.

14. WHO TO PAY EXPENSES-SHERIFF'S FEES.] § 11. The expense of conveying a pauper to the hospital shall be paid by the county in which he resides, and that of any other patient by his guardian, conservator or relatives; and in no case shall any such expense be paid by the state, or out of any funds for the insane. The fees of the sheriff for conveying any person to a hospital shall be the same as for conveying convicts to the penitentiary. [L. 1853, p. 244, § 11, 12; L. 1851, p. 98, § 11, 13.

15. BOND TO FURNISH CLOTHING, ETC.] § 15. If the person be not a pauper, then one or more persons, relatives or friends of the patient, shall, upon his admission into the hospital, become responsible to the trustees for finding the patient in clothes, and removing him when required; and shall execute a bond conditioned as follows, viz:

and

of the county of

Know all men by these presents, that we and state of Illinois, are held and firmly bound unto the trustees of the Northern (or as the case may be) Illinois Hospital for the Insane, in the sum of one hundred dollars ($100), for the payment of which we jointly and severally bind ourselves firmly by these presents.

The condition of this obligation is, that whereas......, insane person of the county and state aforesaid, has been admitted as a patient into said hospital for the insane: Now, therefore, if we shall find said patient in suitable and sufficient clothing whilst ...... may remain in said institution, and shall promptly pay for such articles of clothing as it may be necessary to procure for said......, at the hospital, and shall remove...... from said hospital when required by the trustees to do so, then this obligation to be void: otherwise to remain in full force. Witness our hands and seals, this...... day of..... A. D.....

[L. 1853, p. 243, § 9.

[SEAL.]

- [SEAL.]

16. CLOTHING.] § 16. The clothing to be furnished each patient upon being sent to the hospital, shall not be less than the following: For a male, three new shirts, a new and substantial coat, vest, aud two pairs of pantaloons of woolen cloth, three pairs of woolen socks, a black or dark stock or cravat, a good hat or cap, and a pair of new shoes or boots, and a pair of slippers to wear within doors. For a female, in addition to the same quantity of under garments, shoes and stockings, there shall be two woolen petticoats or skirts, three good dresses, a cloak or shawl, and a decent bonnet. Unless such clothing be delivered in good order to the superintendent, he shall not be bound to receive the patient. [L. 1853, p. 245, § 13.

17. PAUPERS-COUNTY TO FURNISH CLOTHING, ETC.] §17. If the insane person be a pauper, it shall be the duty of the judge of the county court to see that he is furnished with the necessary amount of substantial clothing at the time he is sent to the hospital, and from time to time while he remains a patient in the hospital, and that he be removed therefrom when required by the trustees; the expense of such clothing and removal shall be paid out of the county treasury, upon the certificate of the judge of the county court. [L. 1853, p. 243, § 8; L. 1851, p. 98, § 14.

18. DISCHARGE OF PATIENT-NOTICE-REMOVAL.] § 18. Whenever the trustees shall order any patient discharged, the superintendent shall at once notify the clerk of the county court of the proper county thereof, if the patient is a pauper, and if not, shall notify all the persons who signed the bond required in section 15 of this act, and request the removal of the patient. If such patient be not removed within thirty days after such notice is received, then the superintendent may return him to the place from whence he came, and the reasonable expenses thereof may be recovered by suit on the bond, or in case of a pauper, shall be paid by the proper county. [L. 1853, p. 245, § 15.

19. NON-RESIDENT PATIENTS.] § 19. Whenever application shall be made for a patient not residing within the state, if the superintendent shall be of opinion that from the character of the case it is probably curable, and if there be at

the time room in the hospital, the trustees, in their discretion, may order the patient to be admitted, always taking a satisfactory bond for the maintenance of the patient, and for his removal, when required. The rate of maintenance in such cases shall be fixed by the trustees, and two months' pay in advance shall be required. But no such patient shall be detained without the order of a court of competent jurisdiction, or a verdict of a jury. [L. 1853, p. 245, § 16.

20. RESTORATION TO REASON-DISCHARGE.] § 20. When any patient shall be restored to reason, he shall have the right to leave the hospital at any time, and if detained therein contrary to his wishes after such restoration, shall have the privilege of a writ of habeas corpus at all times, either on his own application, or that of any other person in his behalf. If the patient is discharged on such writ and if it shall appear that the superintendent has acted in bad faith or negligently, the superintendent shall pay all the costs of the proceeding. Such superintendent shall moreover be liable to a civil action for false imprisonment.

21. COUNTY HOSPITAL.] § 21. This act shall not be construed to prevent the committing of any insane pauper to the hospital for the insane of the county in which he may reside, where such a hospital is provided.

22. TRIAL BY JURY NECESSARY.] § 22. No superintendent, or other officer or person connected with either of the state hospitals for the insane, or with any hospital or asylum for insane or distracted persons, in this state, shall receive, detain or keep in custody, at such hospital or asylum, any person who shall not have been declared insane by the verdict of a jury, and authorized to be confined by the order of a court of competent jurisdiction; and no trial shall be had of the question of the sanity or insanity of any person before any judge or court, without the presence of the person alleged to be insane. [L. 1867, p. 139, §1; L. 1865, p. 85, § 1.

23. PENALTY.] § 23. If any superintendent, or other officer or person connected with either of the state hospitals for the insane, or with any hospital or asylum for insane or distracted persons, in this state, whether public or private, shall receive or detain any person who has not been declared insane by the ver dict of a jury, and whose confinement is not authorized by the order of a court of competent jurisdiction, he shall be confined in the county jail not exceeding one year, or fined not exceeding $500, or both, and be liable civilly to the person injured for all damages which he may have sustained; and if he be connected with either of the insane hospitals of this state, he shall be discharged from service therein. [L. 1867, p. 139, § 2.

AN ACT to revise the law in relation to idiots, lunatics, drunkards and spendthrifts. [Approved March 26, 1874. In force July 1, 1874]

1. PROCEEDINGS FOR CONSERVATOR.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any idiot, lunatic or distracted person has any estate, real or personal; or when any person, by excessive drinking, gaming, idleness or debauchery of any kind, so spends, wastes or lessens his estate as to expose himself or his family to want or suffering, or any county, town or incorporated city, town or village to any charge or expense for the support of himself or his family, the county court of the county in which such person lives shall, on the application of any relative or creditor, or if there be neither relative or creditor, then any person living in such county, order a jury to be summoned to ascertain whether such person be idiot, lunatic or distracted, a drunkard or such spendthrift; and if the jury return in their verdict that such person is idiot, lunatic or distracted, or drunkard, or so spends, wastes or lessens his estate, it shall be the duty of the court to appoint some fit person to be the conservator of such person. [L. 1869, p. 364, § 1; R. S. 1845, p. 276, § 1.

2. SUMMONS-NOTICE.] § 2. On an application for the appointment of a conservator of any person being filed, summons shall be issued and served upon the person for whom a conservator is sought to be appointed, in the same manner as summons is issued and served in cases in chancery. When the application is against an idiot or lunatic, the clerk of the court in which the application is filed shall also give not less than ten days' notice thereof by at least one insertion in some newspaper published in the county. [L. 1869, p. 365, § 3.

3. BOND-ADDITIONAL BONDS-COUNTER SECURITY.] § 3. The conservator so appointed shall, before entering upon the duties of his office, give 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 amount of his ward's real and personal estate, with such conditions as near as may be as provided in the case of the bonds of guardians of infants. Additional bonds and counter security may be required as hereinafter provided. [L. 1869, p. 364, § 2; R. S. 1845, p. 276, § 2.

4. SUIT ON BOND.] § 4. Bonds given in pursuance of this act 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 the breach thereof, and damages adjudged on proceedings had thereon as in other cases of penal bonds. [See "Official Bonds," ch. 103, § 13.

5. CARE OF ESTATE-CUSTODY OF PERSON· CHILDREN.] § 5. Such conservator shall have the care and management of the real and personal estate of his ward, and the custody of his person unless otherwise ordered by the court, and the custody and education of his children where no other guardian is ap pointed, unless the court orders otherwise; but this act shall not be so construed as to deprive the mother of the custody and education of the children without her consent, if she be a fit and competent person to have such custody and education. [L. 1869, p. 365, § 4; R. S. 1845, p. 276, § 3.

6. INVENTORY.] $6. The conservator shall, immediately upon his appointment, take charge of the estate of his ward, and within sixty days after such appointment, or if the court is not in session at the expiration of that time, at the next term thereafter, return to the court a true and perfect inventory of the real and personal estate of the ward, signed by him and verified by his affidavit. As often as other estate shall thereafter come to his knowledge, he shall return an inventory thereof within sixty days from the time the same shall come to his knowledge. [L. 1869, p. 365, § 4; R. S. 1815, p. 276, § 3.

7. FORM OF INVENTORY.] § 7. The inventory shall describe the real estate, its probable value and rental, and state whether the same is incumbered, and if incumbered, 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, designating them as "good," "doubtful" or "desperate," as the case may be.

8. SETTLEMENTS.] § 8. The conservator shall, at the expiration of a year from his appointment, settle his accounts as conservator with the county court, and at least once each one year thereafter, and as much oftener as the court may require. [L. 1869, p. 365, § 4.

9. FINAL SETTLEMENT.] $9. Such conservator, at the expiration of his trust, shall pay and deliver to those entitled thereto, all the money, estate and title papers in his hands as conservator, or with which he is chargeable as such, in such manner as shall be directed by the order or decree of any court having jurisdiction thereof.

10. MANNER OF ACCOUNTING.] § 10. On every accounting or final settlement of a conservator, he shall exhibit and tile his account as such conservator, 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 on what account each was received and paid out, and showing the true balance of money on hand-which account shall be accompanied by the proper vouchers, and signed by him and verified by his affidavit.

11. COLLECTIONS, ETC. § 11. The conservator shall settle all accounts of his ward, and demand and sue for and receive in his own name, as conservator, all personal property of and demands due the ward, or with the approbation of the court, compound for the same, and give a discharge to the debtor upon receiving a fair and just dividend of his estate and effects. [L. 1869, p. 365, § 5; R. S. 1845, p. 277, § 4.

PERFORMANCE OF CONTRACTS.] § 12. The conservator, by permission and subject to the direction of the court which appointed him, may perform the personal contracts of his ward, made in good faith and legally subsisting at the time of the commencement of his disability, and which may be performed with advantage to the estate of the ward.

13. LEGAL PROCEEDINGS.] § 13. He shall appear for and represent his ward in all suits and proceedings, unless another person is appointed for that purpose, as conservator or next friend; but nothing contained in this act shall impair or affect the power of any court to appoint a conservator or next friend to defend the interest of said ward impleaded in such court, or interested in a suit or matter therein pending, nor its power to appoint or allow any person, as next friend for such ward, to commence, prosecute or defend any suit in his behalf, subject to the direction of such court. [L. 1869, p. 366, § 6; R. S. 1845, p. 277, § 5.

14. WHAT CONTRACTS VOID.] § 14. Every note, bill, bond or other contract by an idiot, lunatic, distracted person or spendthrift, made after the finding of the jury, as provided in section 1 of this act, shall be void as against the idiot, lunatic, distracted person, drunkard or spendthrift, and his estate; but the person making any contract with such idiot, lunatic, distracted person or spendthrift. shall be bound thereby. [L. 1869, p. 366, § S; R. S. 1845, p. 277, § 8.

15. WHAT CONTRACTS VOIDABLE.] § 15. Every contract made with an idiot, lunatic or distracted person before such finding, or with a drunkard or spendthrift made after the application for the appointment of a conservator, may be avoided, except in favor of the person fraudulently making the same.

16. SWINDLING IDIOT, LUNATIC, ETC.] $ 16. Whoever, by trading with, bartering, gaming, or any other device, possesses himself of any property or valuable thing belonging to any idiot, lunatic or notoriously distracted person, drunkard or spendthrift, shall be deemed guilty of swindling, and upon convic tion thereof be fined in a sum not exceeding $2,000, or confined in the county jail not exceeding one year, or both. [L. 1869, p. 366, § 9; R. S. 1845, p. 277, § 9. 17. MANAGEMENT OF ESTATE.] § 17. The conservator shall manage the estate of his ward frugally and without waste, and apply the income and profit thereof, so far as the same may be necessary, to the comfort and suitable support of his ward and his family, and the education of his children. [L. 1869, p. 265, § 5; R. S. 1845, p. 277, § 4.

18. INVESTMENT OF MONEY.] § 18. It shall be the duty of the conservator to put and keep his ward's money at interest, upon security to be approved by the court, or invest the same in United States bonds or other United States interest-bearing securities. Personal security may be taken for loans not exceeding $100. Loans in larger amounts shall be upon real estate security. No loan shall be made for a longer time than three years, unless authorized by the court: Provided, the same may be extended from year to year, without the approval of the court.

19. LEASING REAL ESTATE.] § 19. The conservator may lease the real estate of the ward, upon such terms and for such length of time as the county court shall approve.

20. Mortgaging REAL ESTATE.] § 20. The conservator may, by leave of the county court, mortgage the real estate of the ward for a term of years, or in fee.

21. PETITION TO MORTGAGE.] § 21. Before any mortgage shall be made, the conservator shall petition the county court for an order authorizing such mortgage to be made, 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.

22. NO STRICT FORECLOSURE.] 8 22. No decree of strict foreclosure shall be made upon any such mortgage, but redemption shall be allowed, as is now provided by law in cases of sales under executions upon common law judgments. 23. SALE OF REAL ESTATE.] $ 23. On the petition of the conservator, the county court of the county where the ward resides, or if the ward does not réside 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 for his support and that of his family when the court shall deem it necessary, or to invest the proceeds in other real