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ADOPTION OF CHILDREN.
REVISION OF LAW.
Amends sections 1, 2 and 3, act of
What must be 1874.
Who may adopt-petition.
(HOUSE BILL No. 485. APPROVED MAY 25, 1907.)
An Act to amend sections 1, 2 and 3 of an Act entitled, “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 sections 1, 2 and 3 of an Act entitled, “An Act to revise the law in relation to the adoption of chilGren," approved February 27, 1874, in force July 1, 1874, be amended so as to read as follows:
$ 1. That any reputable person may petition the circuit or county court of the county in which he resides, or where the child may be found, 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 one or more causes for adoption, the name, if known, the sex and the approximate age of the child sought to be adopted, and if it is desired to change the name, the new name, and either the name, or that the name is unknown to petitioner (a) of the person having the custody of such child; and (b) of each of the parents or of the surviving parent of a legitimate child or of the mother of an illegitimate child; or (c) if it allege that both such parents are or that such mother is dead, then of the guardian, if any, of such child; or (d) if it allege that both such parents are, or that such mother is dead, and that no guardian of such child is known to petitioner, then, of a near relative, or that none such is known to petitioner; the petition shall also state the residences of such parties, so far as the same are known to such petitioner. All persons so named in such petition shall be made defendants by name and shall be notified of such proceedings by summons, if residents of this State, in the same manner as is now or may hereafter be required in chancery proceedings by the laws of this State, except only that the summons shall be made returnable at any time within twenty days after the date thereof. All persons, if any, who or whose names are stated in the petition to be unknown to petitioner shall be deemed and taken as defendants by the name or designation of “all whom it may concern:" Provided, however, that in all cases where the persons or any of them hereinabove required to be made defendants shall have been deprived of the custody of the child sought to be adopted by a court of competent jurisdiction, and such court in the order appointing a guardian of the person of such child, shall have authorized such guardian to consent to the adoption of the child without [notice] to or assent by such person or persons, such person or persons need not be made defendants, and no person other than such guardian need be made a defendant to such proceedings, and the consent by such guardian shall be sufficient to authorize the court before which the adoption proceedings are pending to enter a decree of adoption, as hereinafter provided. The petition shall be verified by the affidavit of the petitioner.
Whenever it shall appear from the petition or from an affidavit filed in the cause that any named defendant resides or has gone out of the State, or on due inquiry cannot be found, or is concealed within this State, so that process cannot be served upon him, or that his place of residence is unknown, or whenever any person is made defendant under the name or designation of “all whom it may concern” the clerk shall cause publication to be made at once, in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county, in this State, entitled "adoption notice," which shall be substantially as follows: A, B, C, D, etc. (here giving the names of such named defendants, if any), and to all whom it may concern (if there be any defendant under such designation): Take notice that on the......day of..
A. D. 19..., a petition was filed by..
court .county, for the adoption of a child named
Now, unless you appear within twenty days after the date of this notice and show cause against such] application, the petition shall be taken as confessed and a decree of adoption entered.
E. E. Clerk. Dated (the date of publication).
And he shall also, within ten days after the publication of such notice, send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition and who shall not have been served with summons. Notice given by publication, as is required in this Act, shall be the only publication notice required, either in the case of residents, non-residents or otherwise. The certificate of the clerk that he has sent such notice in pursuance of this section shall be evidence thereof.
Every defendant who shall be duly summoned shall be held to answer on the return day of the summons, or if such summons shall be served less than three days prior to the return day, then on the following day. Every defendant who shall be notified by publication, as herein provided, shall be held to answer within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of answer, at the time or times herein specified, or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed.
§ 3. On default of answer of all the defendants, the court shall proceed to hear evidence, and if the court shall find that (1) the parents or surviving parent of a legitimate child or the mother of an illegitimate child; or if the child has no parent living, the guardian, if any, of the child; or if there is no parent living and the child has no guardian, or the guardian is not known to petitioner, then a near relative of the child, if any there be, consents to the adoption; or, (2) that one parent consents and the other is unfit, for any of the reasons hereinafter specified, to have the child; or that both parents are, or that the surviving parents or the mother of an illegitimate child is so unfit for any of such reasons—the grounds of unfitness being (a) depravity ; (b) open and notorious adultery or fornication; (c) habitual drunkenness for the space of one year prior to the filing of the petition; (d) extreme and repeated cruelty to the child; (e) abandonment of the child; or (f) desertion of the child for more than six (6) months next preceding the filing of the petition; or (3) that the person or persons whose consent is required has been deprived of the custody of such child by a court of competent jurisdiction, and such court in the order appointing a guardian over the person of the child has authorized such guardian to consent to the adoption of such child without notice to or assent by the parents, and that such guardian consents to such adoption; and if the court further finds 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 and for the best interest of the child 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 petition.
APPROVED May 25, 1907.
AGRICULTURE AND HORTICULTURE.
STATE BOARD OF AGRICULTURE.
1. Amends sections 3, 6 and 8, act of
$ 6. Powers of board—total at1883.
tendance and paid admis
sions computed by auto$ 3. Treasurer
matic devices. ports.
$ 8. Annual reports to Governor. (HOUSE BILL No. 771. APPROVED JUNE 3, 1907.) An Act to amend sections three (3), six (6) and eight (8) of an Act
entitled, "An Act to revise the law in relation to the department of agriculture, agricultural societies and agricultural fairs, and to provide for reports of the same," approved June 23, 1883, in force July I, 1883, as amended by an Act approved April 24, 1899, in force July 1, 1899.
SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections three (3), six (6) and eight (8) of an Act entitled, "An Act to revise the law in relation to the department of agriculture, agricultural societies and agricultural fairs, and to provide for reports of the same," approved June 23, 1883, in force July 1, 1883, as amended by an Act approved April 24, 1899, in force July 1, 1899, be and the same are hereby amended to read · as follows:
$ 3. They shall also appoint some person not a member of the board as treasurer and fix his compensation and prescribe his duties, who shall give bond in such sum and with such security as the board shall direct, conditioned for the faithful discharge of the duties of his office. He shall hold his office during the term for which the members of the board appointing him are elected, unless for good cause he shall be sooner removed by the board. He shall receive all moneys paid to the board and from whatever source, and shall disburse money only on the order of the president, countersigned by the secretary. He shall keep an accurate itemized account of all moneys received by him and also paid out and make an annual report to the State board, on or before the last Thursday of December of each year, and make full settlement with the board, which report shall be embodied in full in the report of the board to the Governor. The books of such treasurer shall be open at all times for examination by the Auditor of Public Accounts or any agent thereof.
§ 6. The State Board of Agriculture shall have the sole control of the affairs of the department of agriculture, of all State fairs and fat stock shows, and may make such by-laws, rules and regulations in relation to the department of agriculture and the management of the business of such department, State fairs, fat stock shows and offering of premiums as a majority of said board shall from time to time determine, not inconsistent with the constitution or laws of this State or of the United States: Provided, that the board shall so regulate admissions to State fairs and fat stock shows that the total attendance and paid admissions may be accurately computed by automatic devices.
$ 8. The State Board of Agriculture shall, after their annual meeting in January of each year, make and deliver to the Governor an itemized and complete report of their acts and doings as required by law, and no other annual report shall be made by said board, which report shall contain the full report of the treasurer and a detailed statement of attendance, receipts, premiums, expenses and such other information in regard to any State fair or fat stock show held during the year as they may deem desirable. Such report shall be published for distribution to the public.
APPROVED June 3, 1907.
ANIMALS AND BIRDS.
ANIMALS INTENDED FOR HUMAN FOOD.
$1. Examination by State Veterinarian. $ 3. Penalty. § 2. Disposition of carcass.
(HOUSE BILL No. 341. FILED MAY 27, 1907.) An Act to provide for the inspection of any animal intended for
human food, appearing to be diseased, and for the disposition of the carcass.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That for the purpose of preventing the use of meat or meat food products for human food which are unsound, unhealthful, unwholesome or otherwise unfit for human food, the board of live stock commissioners may, at their discretion, make or cause to be made, by the State veterinarian or his assistants, or any duly authorized live stock inspector in the employ of the State of Illinois, an examination of any animal intended for human food which he or they believe is afflicted with any contagious or infectious disease, or any disease or ailment which would render the carcass of said animal unfit for human food.
§ 2. In event any animal shall be inspected by any person herein authorized to make said inspection, and in his judgment found to be afflicted with any disease or ailment which would render said animal unfit for human food, it shall be the duty of the person making said examination to forthwith take possession or control of said animal, and notify the owner or person or corporation in control or possession of such animal that such animal is unfit for human food; whereupon said animal shall immediately be killed and the carcass examined by some person or persons authorized to make inspection of such animals. If, upon examination of the carcass, it shall appear to the examiner that the same is suitable for human food, he shall allow the person or corporation from whom said animal was taken to make disposition of the carcass, or such examiner shall cause the same to be sold; but if, in the opinion of such inspector, any such carcass is unwholesome or unfit for human food, then the same shall be, by him stamped, marked, tagged or labeled "inspected and condemned," and every such condemned carcass shall be destroyed for the purposes of human food and such examiner shall cause the offal thereof to be sold: Provided, that if such carcass shall be disposed of for food purposes by such inspector and the offal sold, the proceeds thereof shall be accounted for as the board of live stock commissioners may provide.
$ 3. Any person, firm or corporation who shall, in any manner, fail, neglect or refuse to comply with any provision in this Act contained, shall be deemed guilty of a misdemeanor, and upon conviction