for, except in cases where he would be jointly responsible with her, if the marriage did not exist.

§ 5. Neither husband or wife shall be liable for the debts or liabilities of the other incurred before marriage, and, except as herein otherwise provided, they shall not be liable for the separate debts of each other, nor shall the wages, earnings or property of either, nor the rent or income of such property, be liable for the separate debts of the other.

§ 6. Contracts may be made and liabilities incurred by a wife, and the same enforced against her, to the same extent and in the same manner as if she were unmarried; but, except with the consent of her husband, she may not enter into or carry on any partnership business, unless her husband has abandoned or deserted her, or is idiotic or insane, or is confined in the penitentiary.

§ 7. A married woman may receive, use and possess her own earnings, and sue for the same in her own name, free from the interference of her husband or his creditors.

§ 8. Neither husband or wife shall be entitled to recover any compensation for any labor performed or services rendered for the other, whether in the management of property or otherwise.

§ 9. A married woman may own, in her own right, real and personal property obtained by descent, gift or purchase, and manage, sell and convey the same to the same extent and in the same manner that the husband can property belonging to him. Provided, that where husband and wife shall be living together, no transfer or conveyance of goods and chattels between such husband and wife shall be valid as against the rights and interests of any third person, unless such transfer or conveyance be in writing, and be acknowledged and recorded in the same manner as chattel mortgages are required to be acknowledged and recorded by the laws of this state, in cases where the possession of the property is to remain with the mortgagor.

10. Should either the husband or wife unlawfully obtain or retain possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action therefor,. or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried.

§ 11. In case the husband or wife abandons the other and leaves the state, and is absent therefrom for one year, without providing for the maintenance and support of his or her family, or is imprisoned in the penitentiary, any court of record in the county where the husband and wife so abandoned or not confined resides, may on application by petition, setting forth fully the facts, if the court is satisfied of the necessity by the evidence, authorize him or her to manage, control, sell and incumber the property of the other, as shall be necessary in the judgment of the court for the support and maintenance of the family, and for the purpose of paying debts of the other, or debts contracted for the support of the family. Notice of such proceedings

shall be given as in ordinary actions, and anything done under or by virtue of the order or decree of the court, shall be valid to the same extent as if the same were done by the party owning the property.

§ 12. All contracts, sales or incumbrances, made by either the husband. or wife, by virtue of the power contemplated in the preceding section, shall be binding on both, and during such absence or confinement, the person acting under such power, may sue and be sued thereon, and for all acts done, the property of both shall be liable, and execution may be levied and attachments issued accordingly. No suit or proceeding shall abate, or be in anywise affected by the return or release of the person absent or confined, but he or she shall be permitted to prosecute or defend jointly with the other.

§ 13. The husband or wife affected by the proceedings contemplated in the two preceding sections may have the order or decree of the court set aside or annulled, by filing a petition therefor and serving a notice on the person in whose favor the same was granted, as in ordinary actions. But the setting aside of such decree or order shall in no wise affect any act done thereunder.

§ 14. A husband or wife may constitute the other his or her attorney in fact, to control and dispose of his or her property for their mutual benefit or otherwise, and may revoke the same to the same extent and in the same manner as other persons.

§ 15. The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately.

§ 16. Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandons her, she is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.

§ 17. When the husband or wife is insane, and shall have been insane continuously for a period of not less than one year, and therefore incapable of executing a deed or mortgage, and relinquishing or conveying his or her right to courtesy, dower or homestead in the real property of the other, the same person may present his or her petition to any court having general chancery jurisdiction in the county where such petitioner resides, or where the real estate to be affected is situated, setting forth the facts, and particularly describing the real estate sought to be conveyed or mortgaged, and praying for an order authorizing the applicant, or some other person, to execute a deed of conveyance or mortgage for such insane person; and thereby relinquish his or her right of courtesy, dower or homestead in said real estate.

§ 18. The petition shall be verified by the oath of the petitioner, and

Revised Law in Relation to Idiots and Lunatics.

shall be filed in the office of the clerk of the proper court. Notice of the filing of such petition shall be given to such insane person as is required to be given to defendants in chancery, by service of summons or by publication. The court shall appoint some discreet person or attorney guardian for the person alleged to be insane, who shall ascertain as to the propriety, good faith and necessity of the petition, and shall have power to resist such application, and subpoena witnesses and take depositions to disprove any of the matters in the petition, or show the impropriety of granting the same.

§ 19. If the court is satisfied upon the hearing that the petition was made in good faith and the prayer thereof ought to be granted, then the court shall enter a decree granting such prayer, and authorizing some discreet and proper person to make, execute, acknowledge and deliver jointly with said petitioner all such conveyances or mortgages, and of such parcels of land as shall in said decree be specified.

§ 20. The court shall require of the petitioner, at the time and as one of the conditions of granting said decree, such security for the protection of the interests and for the proper support of such insane person as the court shall deem satisfactory, and may from time to time renew or change the same, or require additional security. Such security shall be deposited with the clerk of the court, and suits may be maintained thereon for the benefit of such insane person in any court of competent jurisdiction; or the court shall order such portion of the money received from the sale of such property as the court shall deem equitable and just, to be set apart in such manner as the court shall direct, for the use and benefit of such insane person; and such sum, so set apart, shall be and remain subject to the control and order of the court.

§ 21. All deeds of conveyance or mortgages authorized by and executed under the order of any court, made as herein before provided, shall be valid in law and equity, and shall convey all the curtesy, dower or homestead interest of such insane person in and to the real estate so conveyed or mortgaged, as fully as if such person had been sane, and executed and acknowledged the same in due form of law.

IDIOTS AND LUNATICS.

AN ACT TO REVISE THE LAW IN RELATION TO THE COMMITMENT AND DETENTION OF LUNATICS.

Approved March 21, 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 when any person is supposed to be insane or distracted, any near relative, or in case there be none, any respectable person

residing in the county may petition the judge of the county court for proceedings to inquire into such alleged insanity or distraction. For the hearing of such application and proceedings thereon, the county court shall be considered as always open.

§ 2. Upon the filing of such petition, the judge shall order the clerk of the court to issue a writ directed to the sheriff or any constable, or the person having the custody or charge of the alleged insane or distracted person, unless he shall be brought before the court without such writ, requiring the alleged insane person to be brought before him at a time and place to be appointed for the hearing of the matter. It shall be the duty of the officer or person to whom the writ is directed to execute and return the same, and bring the alleged insane person before the court as directed in the writ.

§ 3. The clerk shall also issue subpoenas for such witnesses as may be desired on behalf of the petitioner, or of the person alleged to be insane, to appear at the time fixed for the trial of the matter.

§ 4. At the time fixed for the trial a jury of six persons, one of whom shall be a physician, shall be impaneled to try the case. The case shall be tried in the presence of the person alleged to be insane, who shall have the right to be assisted by counsel, and may challenge jurors as in civil cases. The court may, for good cause, continue the case from time to time.

§ 5. After hearing the evidence, the jury shall render their verdict in writing, signed by them, which shall embody the substantial facts shown by the evidence, which verdict may be substantially in the following form:

"We, the undersigned jurors in the case of ..... (naming the person alleged to be insane,) having heard the evidence in the case, are satisfied that said is insane, and is a fit person to be sent to a state hospital for the insane; that he is a resident of the State of Illinois, and county of...; that his age is ; that his disease is of ...... duration; that the cause is supposed to be... (or is unknown;) that the disease is (or is not) with him. hereditary; that he is not (or is) subject to epilepsy, and that he does (or does not) manifest homicidal or suicidal tendencies. (If the person be a pauper, the fact shall also be announced in the verdict.)"

§ 6. Upon the return of the verdict, the same shall be recorded at large by the clerk, and if it appears that the person is insane, and is a fit person to be sent to a state hospital for the insane, the court shall enter an order that the insane person be committed to a state hospital for the insane, and thereupon it shall be the duty of the clerk of the court to make application to the superintendent of some one of the state hospitals for the insane for the admission of such insane person.

§ 7. If such insane person is a pauper the application shall be first made to the nearest hospital, but if he be not a pauper, application shall be made

Warrant.

Indorsement by Hospital Superintendent.

to such one of the state hospitals for the insane as the relatives or friends of the patient shall desire. In any case, if, on account of the crowded condition of any one of the hospitals, or for other good reason, the patient cannot be received therein, or it is not desirable to commit him thereto, he may be committed to any other of said hospitals. Upon receiving any such application, the superintendent shall immediately inform the clerk whether the patient can be received, and if so, at what time; and if not, shall state the reason why.

§ 8. Upon receiving notice at what time the patient will be received, the clerk shall, in due season, for the conveyance of the person to the hospital by the appointed time, issue a warrant directed to the sheriff or any other suitable person, preferring some relative of the insane person when desired, commanding him to arrest such insane person and convey him to the hospital; and if the clerk is satisfied that it is necessary, he may authorize an assistant to be employed.

§ 9. The warrant may be substantially as follows:

who has been

"You are hereby commanded forthwith to arrest declared to be insane, and convey him to the Northern (or as the case may be) Illinois Hospital for the Insane, (and you are hereby authorized to take to your aid an assistant, if deemed necessary,) and of this warrant make due return to this office after its execution. Witness my hand and the seal of the County Court of. County, this ...... day of. A. D...... Clerk of County Court County."

[L. S.]

§ 10. Upon receiving the patient, the superintendent shall indorse upon said warrant a receipt as follows:

"NORTHERN (or as the case may be) ILLINOIS HOSPITAL FOR THE INSANE. "Received this day, A. D., the patient named in the within. Superintendent."

warrant.

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This warrant, with a receipt thereon, shall be returned to the clerk, to be filed by him with the other papers relating to the case.

§ 11. No person having any contagious or infectious disease, and no idiot, shall be admitted to either of the state hospitals. When the trustees and superintendent shall find that an idiot has been received into the hospital, they may discharge him.

§ 12. If the court shall deem it necessary, pending proceedings and previous to verdict, or after verdict and pending admission to the hospital, temporarily to restrain of his liberty the person alleged to be insane, then. the court shall make such order in that behalf as the case may require, and the same being entered of record, a copy thereof certified by the clerk shall