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. SEC. 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; Wing v. Dodge, 80 Ill. 564; Payne v. Dunham, 29 Ill. 125; Searie v. Galbraith, 73 Ill. 269; Richardson v. People, 85 In. 495.

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; Eddy v. People, 15 Ill. 386.

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 Illi[*686] nois 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; Scheel v. Eidman, 77 Ill. 304; Richardson v. People, 85 Ill. 497.

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 appointed, 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. 1845, 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. S to. On every accounting or final settlement of a conservator, he shall exhibit and file 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. Collection, etc. II. 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.

12. 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. [Wing v. Dodge, 80 Ill. 565.

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 [*687] 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; Chicago and Pacific R. R. Co. v. Mun ger, 78 Ill. 300; Bradford v. Abend, 89 Ill. 78.

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 I 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, § 8; R. S. 1845, p. 277, § 8; McCormick v. Littler, 85 Ill. 62; Titcomb v. Vantyle, 84 Ill. 371.

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.

[Scanlan v. Cobb, 85 Ill. 296; Titcomb v. Vantyle, 84 Ill. 371.

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 conviction 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. § 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.

[Boyer v. Boyer, 89 Ill. 447.

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 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 for his support and that of his family when the court shall deem it [*688] necessary, or to invest the proceeds in other real estate, or for the purpose of otherwise investing the same, or for the purpose of paying the debts of the ward or the education of the children of the said ward.

[See "Dower," ch. 41, § 44; L. 1853, p. 215, § 1; Wing v. Dodge, 80 Ill. 564; Wilson v. Kellogg, 77 Ill. 47.

24. Petition for sale. § 24. The petition shall set forth the condition of the estate and the facts and circumstances on which the petition is founded, and shall be signed by the conservator 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.

[L. 1853, p. 215, 82; Wing v. Dodge, 80 Ill. 564.

25. Notice of application. 25. Notice of such application shall be given to all persons concerned by publication in some newspaper published in the county where the application is made, at least once in each week for three successive weeks, or if no newspaper is published in such county, by setting up written or printed notices in three of the most public places in the county at least three weeks before the session of the court at which such application shall be made. The ward shall be served with a copy of such notice at least ten days before the hearing of such application. Such service may be proved in the same manner as the service of a copy bill in chancery.

[L. 1853, p. 215, § 3; Wing v. Dodge, 80 Ill. 564.

26. Docket-practice. § 26. 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. [Ch. 22.

27. Sale. § 27. The court shall direct notice of the time and place of sale to be given, and may direct the sale to be made on reasonable credit, and require such security of the conservator or purchaser as the interest of the ward may require. [Court may order lands platted; see "Plats," ch. 109, SS 11, 13.

28. Return of sale - approval― record - title. § 28. It shall be the duty of the conservator making such sale, as soon as may be, to make return of such sale to the court granting the order, which, if approved, shall be recorded, and shall vest in the purchaser or purchasers all the interest of the ward in the estate so sold.

29. Proceeds of sale. § 29. An account of all moneys and securities received by any conservator for the sale of real estate of his ward, shall be returned on oath of such conservator to the county court of the county where letters of conservatorship were obtained, and such money shall be accounted for and subject to the order of the county court in like manner as other moneys belonging to such ward. In case