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. [See "Dower," ch. 41, § 44. L. 1853, p. 215, § 1.

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, § 2.

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 writ ten 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. [L. 1853, p. 215, § 3.

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

30. SUFFICIENCY OF SURETIES.] $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. [See "Official Bonds," ch. 103, § 4.

31. COUNTER 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. REMOVAL OF CONSERVATOR.] § 32. The county court may remove a conservator for his failure to give bond or security or additional or counter secur ity 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 or der of the court, or for other good cause.

33. SUMMONS TO SHOW CAUSE-NOTICE.] § 33. Before removing a conserva tor 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. [Ch. 22, § 12.

34. RESIGNATION.] §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. SUCCESSOR APPOINTED-DELIVERY TO SUCCESSOR. § 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 succes sor 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. COMPENSATION.] 836. Conservators on settlement shall be allowed such fees and compensation for their services as shall seem reasonable and just to the court. [L. 1869, p. 365, § 4; R. S. 1845, p. 276, § 3.

37. RESTORATION TO REASON, ETC.] § 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 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. [L. 1869, p. 266, § 10.

38. NOTICE.] § 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. [L. 1869, p. 266, § 10.

39. TRIAL, JUDGMENT, ETC.] § 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 such 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. [L. 1869, p. 266, $11.

40. APPEALS.] § 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 au order removing a conservator shall in anywise affect such order until the same be reversed.

41. SUITS, COLLECTIONS, ETC., BY NON-RESIDENT CONSERVATORS, ETC.] § 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 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. [L. 1865, p. 109, § 1.

42. SALE OF REAL ESTATE BY NON-RESIDENT CONSERVATOR, ETC.] § 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 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 appointed, 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. [L. 1865, p. 110, § 2.

43. NOTICE OF PETITION.] § 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 publications shall be at least forty days before the time fixed for the presentation of said petition, re questing all persons interested to show cause why the prayer of said petition should not be granted. [L. 1865, p. 110, § 2.

44. BOND.] § 44. The said circuit court may, in its discretion, require such conservator, curator, guardian or committee to file a bond, with sufficient securi ties, 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. [L. 1865, p. 110, § 2.

45. BOND FOR COSTS.] § 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. [See "Costs," ch. 33, § 1.

SECTION

1. Summons-returnable.

2. Answer-default-peremptory writ.

3. Time to plead.

4. Pleadings.

5. Judgment-costs.

CHAPTER 87.

MANDAMUS.

AN ACT to revise the law in relation to mandamus.

[Approved February 25, 1874. In force July 1, 1874.J [See ch. 67, R. S. 1845, p. 351.]

1. SUMMONS RETURNABLE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That upon the filing of a petition for a mandamus, the clerk of the court shall issue a summons, in like form as other summons in suits at law, commanding the defendant to appear at the return term thereof, and show cause why a writ of mandamus should not be issued against him. If the summons is issued in vacation, it shall be returnable on the first day of the next term, or if in term time, it may be made returnable on any day of the term not less than five days after the date of the writ. [See "Practice," ch. 110, § 11.

2. ANSWER-DEFAULT-PEREMPTORY WRIT.] § 2. Every defendant who shall be served with summons shall be held to show cause by answer to the petition, or to demur thereto, on the return day of the summons, or within such further time as may be allowed by the court; and in default thereof, judgment may be taken nil dicit, and a peremptory mandamus shall be allowed against the defendant.

3. TIME TO PLEAD.] § 3. The court in which any such petition is filed may allow the petitioner or any defendant such convenient time to answer, plead, reply, rejoin or demur as shall be deemed just and equitable.

4. PLEADINGS.] § 4. The petitioner may plead to or traverse all or any of the material facts contained in the answer, or demur thereto, to which the defendant shall reply, take issue or demur, and like proceedings shall be had as in other cases at law.

5. JUDGMENT-COSTS.] § 5. If a verdict is found for the petitioner, or judgment is given for him upon demurrer, nil dicit, or for want of an answer or other pleading, he shall recover his damages and costs, and a peremptory writ of mandamus shall be granted. If judgment is given for defendant, he shall recover his costs.

6. FALSE RETURN.] § 6. If damages are recovered against the defendant, he shall not be liable to be sued in any other action or suit as for making a false

return.

7. NEW PARTIES DEFENDANT.] § 7. If, after the filing of any such petition, any other person than the original defendant shall appear to the court to have or claim any right or interest in the subject matter, such person may be made a defendant, and may be summoned, and appear and plead, answer and demur in the same manner as if he had been made defendant to the original petition.

8. SUIT NOT TO ABATE FOR DEATH, ETC.] § 8. The death, resignation or removal from office, by lapse of time or otherwise, of any defendant, shall not have the effect to abate the suit, but his successor may be made a party thereto, and any peremptory writ may be directed against him.

9.

SUIT NOT DISMISSED FOR BETTER REMEDY-AMENDMENTS.] 9. The proceedings for a writ of mandamus shall not be dismissed nor the writ denied because the petitioner may have another specific legal remedy, where such writ will afford a proper and sufficient remedy; and amendments may be allowed as in other civil suits. [See "Practice," ch. 110, § 24, and "Amendments and Jeofails, ch. 7.

10. APPEALS-WRITS OF ERROR.] § 10. Appeals and writs of error may be taken and prosecuted in the same manner, upon the same terms, and with like effect as in other civil cases.