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Conservators may Mortgage.

Sales of 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. 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. 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 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. 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 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 said ward.

§ 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.

§ 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 of a bill in chancery.

§ 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.

§ 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.

§ 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,

Accounting.

Removal of Conservator.

Fees and Compensation.

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. 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 of sale for re-investment in this state, the money shall be reinvested under the direction of the court.

§ 30. It shall be the duty of the county court at each accounting of the conservator to inquire into the sufficiency of his sureties, and if at any time it has cause to believe that the sureties of a conservator are insufficient or in failing circumstances, it shall, after summoning the conservator if he be not before the court, require him to give additional security.

§ 31. Upon the application of the surety of any conservator and after summoning the conservator, the court may, if it believes him to be insolvent or in doubtful circumstances require him to give counter security to his sureties.

§ 32. The county court may remove a conservator for his failure to give bond or security or additional or counter security when required; or for failure to make inventory or to account and make settlement, or support the ward, or when he shall have become insane, or have removed out of the state, or become incapable or unsuitable for the discharge of his duties, or for failure to discharge any duty required of him by law or the order of the court, or for other good cause.

§ 33. Before removing a conservator the court shall summon him to show cause why he should not be removed for the cause alleged. If the conservator has left the state or cannot be served with process he may be notified in the same manner as non-resident defendants in chancery.

§ 34. When it appears proper the court may permit the conservator to resign his trust, if he first settles his accounts and delivers over the estate as by the court directed.

§ 35. Upon the removal, resignation or death of a conservator another may be appointed, who shall give bond and security and perform the duties prescribed by this act. The court shall have power to compel the conservator so removed or resigned, or the executor or administrator of a deceased conservator to deliver up to such successor all the goods, chattels, moneys, title papers and other effects in his custody or control belonging to the ward; and upon failure to so deliver the same, to commit the person offending to jail until he shall comply with the order of the court.

§ 36. Conservators on settlement shall be allowed such fees and compensation for their services as shall seem reasonable and just to the court.

§ 37. When any person, for whom a conservator has been or may be appointed under the provisions of this act, shall be restored to his reason, or

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in case such drunkard or spendthrift shall have become so reformed as to be a proper and safe person to have the care and management of his estate, such person may apply to the county court of the county in which such conservator was appointed to have said conservator removed and the care and management of his property, or so much thereof as shall remain restored to him.

38. Notice of such intended application shall be given to the conservator ten days' before the commencement of the term of the court to which the application shall be made.

§ 39. It shall be the duty of the court to which any such application, as provided in the foregoing section, is made, on proof that said conservator has been duly notified of such application, to cause a jury to be summoned to try the question whether said applicant is a fit person to have the care, custody and control of his or her property, and if the said jury return in their verdict that such person is a fit person to have the control of such property as aforesaid, then the court shall enter an order fully restoring such person to all the rights and privileges enjoyed before said conservator was appointed: Provided, that such conservator, so removed, shall be allowed a reasonable time to settle his accounts as such, and to pass over the money or property in his hands, and such removal shall not invalidate any contracts made in good faith by said conservator, while acting as such: Provided, further, that no application shall be entertained for the removal of any conservator appointed for any person under the provisions of this act, within less than one year from such appointment, unless for neglect of duty or mismanagement of his trust.

§ 40. Appeals shall be allowed to the circuit court from any order or judgment made or rendered under this act, upon the appellant giving such bond and security as shall be directed by the court; but no appeal from an order removing a conservator shall in any wise affect such order until the same be reversed.

§ 41. The conservator, guardian, curator, or committee of any non-resident, idiot, lunatic, insane or distracted person, spendthrift or drunkard, appointed in any of the United States or territories, or any foreign country, in pursuance of the laws of any such state, territory or country, may commence and prosecute in his name as such conservator, guardian, curator or committee, suits for the recovery of any real or personal property, or any interest therein in this state, belonging to any such idiot, lunatic, insane or distracted person, spendthrift or drunkard, or for any injury to any such property, in any of the courts of record in this state having jurisdiction in similar cases by persons in their own rights, and may collect, receive and remove to his place of residence any personal estate of his ward.

§ 42. It shall be lawful for any such conservator, guardian, curator, or committee of any non-resident idiot, lunatic, insane or distracted person, spendthrift or drunkard, who shall obtain an order from the proper court in

Non-Resident Lunatics.

Sale and Conveyance of Real Estate.

the state, territory or country in which such conservator, guardian, curator or committee was appointed, authorizing him to make application for the sale of his ward's real estate or personal property in this state, upon filing a certified copy of such order for record in the office of the clerk of the circuit court of the county in this state in which the property, or the major part thereof is situated, by petition to such court to obtain an order authorizing such conservator, guardian, curator or committee to sell and transfer any such property or interest therein, belonging to any such idiot, lunatic, insane or distracted person, spendthrift or drunkard, and to make deeds and conveyances thereof, which deeds and conveyances executed and acknowledged in pursuance of the laws of this state, or of the state, territory or country in which such conservator, guardian, curator or committee was apppointed, shall be effectual in law and equity to pass to the grantee or grantees therein all the right, title and interest of such idiot, lunatic, insane or distracted person, spendthrift or drunkard therein. The court ordering the sale may authorize any person to act as auctioneer of the property, but the deed shall be executed by the conservator, guardian, curator or committee.

§ 43. Notice of the time and place of presenting said petition to said circuit court shall be given by publication in the nearest newspaper, for four successive weeks, the first of which publication shall be at least forty days before the time fixed for the presentation of said petition, requesting all persons interested to show cause why the prayer of said petition should not be granted.

§ 44. The said circuit court may, in its discretion, require such conservator, curator, guardian or committee to file a bond, with sufficient securities, conditioned for the faithful application of the money which may be received for any such property, for the benefit, and to the use of such idiot, lunatic, insane or distracted person, spendthrift or drunkard.

§ 45. In all suits by non-resident conservators, guardians, curators or committees they shall give a bond for costs as in cases of other non-residents.

§ 46. Chapter fifty of the Revised Statutes of 1845, entitled "Idiots and Lunatics," and an act entitled "An act to provide for the sale of the estates of insane persons," approved February 12, 1853, and an act entitled "An act to amend chapter L of the Revised Statutes of 1845," approved February 15, 1865, and an act entitled "An act to amend chapter fifty of the Revised Statutes, entitled 'Idiots and Lunatics,' and to extend the provisions thereof to habitual drunkards," approved April 19, 1869, and all other acts and parts of acts inconsistent with the provisions of this act are hereby repealed, except as herein re-enacted: Provided, that this section shall not be so construed as to affect any rights existing or actions pending at the time this act shall take affect.

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AN ACT TO REVISE THE LAW IN RELATION TO INJUNCTION.

Approved March 25, 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 the superior court of Cook county, and the circuit courts in term time, and any judge thereof in vacation, shall have power to grant writs of injunction.

§ 2. When no judge authorized to grant writs of injunction is present in the county, or being present, is unable or incapacitated to act, a master in chancery in such county may order the issuing of such writ.

§ 3. No court, judge or master shall grant an injunction without previous notice of the time and place of the application having been given to the defendants to be affected thereby, or such of them as can conveniently be served, unless it shall appear from the bill or affidavit accompanying the same, that the rights of the complainant will be unduly prejudiced if the injunction is not issued immediately or without such notice.

§ 4. When an injunction shall be granted to stay a suit or judgment at law, the proceeding shall be had in the county where the judgment was obtained, or the suit is pending; but the writ may be sent in the first instance into any county in this state where the defendant resides.

§ 5. Every injunction, when granted, shall operate as a release of all errors in the proceedings at law that are prayed to be enjoined.

§ 6. No writ of injunction shall be granted to stay proceedings under a judgment obtained before a justice of the peace for a sum not exceeding twenty dollars, besides the costs.

§ 7. Only so much of any judgment at law shall be enjoined as the complainant shall show himself equitably not bound to pay, and so much as shall be sufficient to cover costs.

§ 8. Before an injunction shall issue to enjoin a judgment, the complainant shall give bond to the plaintiff therein, in double the amount of such judgment, with sufficient surety approved by the court, judge or master, conditioned for the payment of all moneys and costs due to the plaintiff in the judgment, and such damages as may be awarded against the complainant in case the injunction is dissolved. If the injunction be dissolved in whole or in part, the complainant shall pay, exclusive of legal interest and costs, such damages as the court shall award, not exceeding ten per centum, on such part as may be released from the injunction.

§ 9. In all other cases, before an injunction shall issue, the complainant shall give bond in such penalty, and upon such condition and with such security as may be required by the court, judge or master granting or order

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