as to effect any rights existing or actions pending at the time this act shall take effect.

§ 22. Whereas, there is great uncertainty as to some of the provisions of the law relating to cases of forcible entry and detainer, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage.

GUARDIAN AND WARD.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT IN REGARD TO GUARDIANS AND Wards," approVED APRIL 10, 1872.

Approved March, 23, 1874. In force July 1, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section three (3) of said act be and the same is hereby amended to read as follows, to wit:

"§ 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 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 of this act, upon the removal, death or resignation of a guardian."

AN ACT TO REVISE THE LAW IN RELATION TO THE ADOPTION OF CHILDREN.

Approved February 27, 1874. In force July 1, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any resident of this state may petition the circuit or county court of the county in which he resides, for leave to adopt

a child not his own, and, if desired, for a change of the child's name; but the prayer of such petition, by a person having a husband or wife, shall not be granted unless such husband or wife joins therein; and when they so join, the adoption shall be by them jointly.

§ 2. The petition shall state the name, sex and age of the child sought to be adopted, and, if it is desired to change the name, the new name; the name and residence of the parents of the child, if known to the petitioner, and of the guardian, if any, and whether the parents, or the survivor of them, or the guardian, if any, consents to such adoption.

§ 3. If the court is satisfied that the parents of the child or the survivor of them has deserted his or her family, or such child, for the space of one year next preceding the application, or, if neither is living, the guardian; or if there is no guardian, the next of kin in this state, capable of giving consent, has a notice of the presentation of the petition and consents to such adoption; or that such child has no father or mother living, and no next of kin living in this state, capable of giving consent, or is a foundling, and that the facts stated in the petition are true, and that the petitioner is of sufficient ability to bring up the child, and furnish suitable nurture and education, and that it is fit and proper that such adoption should be made, a decree shall be made, setting forth the facts and ordering that from the date of the decree the child shall, to all legal intents and purposes, be the child of the petitioner or petitioners, and may decree that the name of the child be changed according to the prayer of the petitioner.

§ 4. If the child is of the age of fourteen years or upward, the adoption shall not be made without his consent.

§ 5. A child so adopted shall be deemed, for the purposes of such inheritance by such child, and his descendants and husband or wife, and other legal consequences and incidents of the natural relation of parents and children, the child of the parents by adoption, the same as if he had been born to them in lawful wedlock, except that he shall not be capable of taking property expressly limited to the body or bodies of the parents by adoption, nor property from the lineal or collateral kindred of such parents by right of representation.

§ 6. The parents by adoption and their heirs shall take by descent, from any child adopted under this or any other law of this state for the adoption' of children, and the descendants, and husband or wife, of such child, only such property as he has taken or may hereafter take from or through the adopting parents, or either of them, either by gift, bequest, devise or descent, with the accumulations, income and profits thereof; and all laws of descent and rules of inheritance shall apply to and govern the descent of any such property, the same as if the child were the natural child of such parents; but the parents by adoption and their heirs shall not inherit any property which such child may take or have taken, by gift, bequest, devise or descent, from his kindred by blood.

§ 7. The preceding section shall apply to any case where a child has heretofore been declared by any court to have been adopted, or where such adoption has been declared or assumed in any deed or last will and testament, giving, bequeathing or devising property to such child, as the adopted child of the grantor or testator, and the wife or husband of such adopting parent shall be capable of inheriting from such child the same as if she or he had become the adopted mother or father of such child, pursuant to this

act.

§ 8. The natural parents of a child so adopted shall be deprived, by the decree, of all legal rights, as respects the child, and the child shall be freed from all obligations of maintenance and obedience as respects such parents.

HABEAS CORPUS.

AN ACT TO REVISE THE LAW IN RELATION TO HABEAS CORPUS.

Approved March 2, 1874. In force July 1, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every person imprisoned or otherwise restrained of his liberty, except as herein otherwise provided, may prosecute a writ of habeas corpus in the manner provided in this act, to obtain relief from such imprisonment or restraint, if it prove to be unlawful.

§ 2. Application for the writ shall be made to the court or judge authorized to issue the same, by petition signed by the person for whose relief it is intended, or by some person in his behalf, and verified by affidavit. 3. The petition shall state in substance:

First-That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, and the place where, naming all the parties, if they are known, or describing them if they are not known.

Second-The cause or pretense of the restraint, according to the best knowledge and belief of the applicant, and that such person is not committed or detained by virtue of any process, judgment, decree or execution specified in the twenty-first section of this act.

Third-If the commitment or restraint is by virtue of any warrant or writ or process, a copy thereof shall be annexed, or it shall be averred that by reason of such prisoner being removed or concealed before application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having such prisoner in his custody, and that such copy was refused.

§ 4. Any sheriff or other officer or person having custody of any prisoner committed on any civil or criminal process of any court or magistrate,

Habeas Corpus.

Issue of Writ.

How Served.

Witnesses.

who shall neglect to give such prisoner a copy of the process or order of commitment by which he is imprisoned within six hours after demand made. by the prisoner, or any one on his behalf, shall forfeit to the prisoner or party aggrieved not exceeding five hundred dollars.

§ 5. Unless it shall appear from the petition itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to bail nor otherwise relieved, the court or judge shall forthwith award a writ of habeas corpus. Any judge empowered to issue writs of habeas corpus who shall corruptly refuse to issue any such writ when legally applied for in a case where it may lawfully issue, or who shall for the purpose of oppression unreasonably delay the issuing of such writ, shall, for every such offense, forfeit to the prisoner or party aggrieved a sum not exceeding one thousand dollars.

§ 6. If a writ is allowed by a court, it shall be issued by the clerk under the seal of the court; if by a judge, it shall be under his hand, and shall be directed to the person in whose custody or under whose restraint the prisoner is, and may be substantially in the following form to-wit:

"The People of the State of Illinois to the Sheriff of

A B,' as the case may be):

..... County (or 'to

"You are hereby commanded to have the body of C D, by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name said C D shall be called or charged, before court of... county, (or before E F, judge of, etc.) at, etc., immediately after being served with this writ, to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises."

...

§ 7. To the intent that no officer or person to whom such writ is directed may pretend ignorance thereof, every such writ shall be indorsed with these words: "By the habeas corpus act."

§ 8. When the party has been committed upon a criminal charge, unless the court or judge shall deem it unnecessary, a subpoena shall also be issued to summon the witnesses whose names have been indorsed upon the warrant of commitment, to appear before such court or judge at the time and place when and where such habeas corpus is returnable, and it shall be the duty of the sheriff, or other officer to whom the subpoena is issued, to serve the same, if it be possible, in time to enable such witnesses to attend.

§ 9. The habeas corpus may be served by the sheriff, coroner or any constable or other person appointed for that purpose by the court or judge by whom it is issued or allowed; if served by a person not an officer, he shall have the same power, and be liable to the same penalty for non-performance of his duty, as though he were sheriff.

§ 10. Service shall be made by leaving a copy of the original writ with the person to whom it is directed, or with any of his under officers who may

be at the place where the prisoner is detained; or if he cannot be found or has not the person imprisoned or restrained in custody, the service may be made upon any person who has him in custody with the same effect as though he had been made a defendant therein.

§ 11. When the person confined or restrained is in the custody of a civil officer, the court or judge granting the writ shall certify thereon the sum to be paid for the expense of bringing him from the place of imprisonment, not exceeding ten cents per mile, and the officer shall not be bound to obey it unless the sum so certified is paid or tendered to him, and security is given to pay the charges of carrying him back if he should be remanded: Provided, that if such court or judge shall be satisfied that the person so confined or restrained is a poor person and unable to pay such expense, then such court or judge shall so certify on such writ, and in such case no tender or payment of expenses need be made or security given as aforesaid, but the officer shall be bound to obey such writ.

§ 12. The officer or person upon whom any such writ is served shall state in his return, plainly and unequivocally:

1. Whether he has or has not the party in his custody or control, or under his restraint, and if he has not, whether he has had the party in his custody or control, or under his restraint, at any and what time prior or subsequent to the date of the writ.

2. If he has the party in his custody or control, or under his restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large.

3. If the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the court or judge before whom the same is returnable.

4. If the person upon whom the writ is served has had the party in his custody or control, or under his restraint, at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority such transfer took place. The return shall be signed by the person making the same, and except where such person is a sworn public officer and makes the return in his official capacity, it shall be verified by oath.

§ 13. The officer or person making the return shall, at the same time, bring the body of the party, if in his custody or power, or under his restraint, according to the command of the writ, unless prevented by the sickness or infirmity of the party.

§ 14. When, from the sickness or infirmity of the party, he cannot, without danger, be brought to the place appointed for the return of the writ, that fact shall be stated in the return, and if it is proved to the satisfaction of the judge, he may proceed to the jail or other place where the party is