Papers Of Abraham Lincoln

In force March 4, 1837

An act to amend an act, entitled “an act concerning minors, orphans, and guardians.
1

Duty of Judge of Probate to appoint Guardians

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter it shall be the duty of the Judge of Probate of any county in this State, to appoint a Guardian for any Minor or Minors, in their respective counties, whether said Minor or Minors be entitled to any real estate or not.2

Further duties

Examine situation of minors

Shall bind

Proviso

Sec. 2. It shall be the duty of the Judge of Probate, or the County Commissioners Courts of the several counties in this State, upon information being made to said Judge or County Commissioners Court of any Minor or Minors in said county, who has neither personal or real property, or who has not been previously provided for by law, to direct the Sheriff of said county to cause said Minor or Minors to be forthwith brought before said Judge of Probate or County Commissioners Court, who shall proceed to examine into the situation of said Minor or Minors, and if upon examination, it shall appear to the satisfaction of said Judge or Court, that it will be better calculated to promote the general welfare of said Minor or Minors to bind them out, then said Judge or County Commissioners court shall proceed to bind said Minor or Minors, agreeable to the provisions of an act, entitled an act for the relief of the poor3: provided, That nothing herein contained shall authorize the binding of any female over the age of fifteen years.4

Approved, March 4, 1837.

1On February 13, 1837, Nathaniel Parker introduced SB 229 in the Senate. On February 23, a select committee reported the bill back with sundry amendments, which the Senate approved. On February 28, the Senate passed the bill, and referred it to the House of Representatives. On March 1, the House passed the bill. On March 4, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 772, 785, 842; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 406, 529, 557, 583, 625-26, 639-40.

2This act was in amendment of an act the General Assembly had enacted in February 1827. During Abraham Lincoln’s time in the House of Representatives, the General Assembly further amended the 1827 act with SB 229, and sought to supplement it with HB 161.
“An Act concerning Minors, Orphans and Guardians,” 5 February 1827, The Revised Code of Laws, of Illinois (1827), 301-304.

3“An Act for the relief of the Poor,” 1 March 1833, The Revised Laws of Illinois (1833), 480-81.

4Section five of 1833 act allowed county commissioners to bind as apprentices poor orphans or minors without relations in the state.
“An Act for the relief of the Poor,” 481.