76 ATTORNEY GENERAL AND CIRCUIT ATTORNEYS. the penal sum of five thousand dollars, and each circuit attorney in the penal sum of one thousand dollars, with good security, to be approved by the Governor conditioned that they will, respectively, faithfully pay over all such moneys as may come into their hands, belonging to the State or to any county, and that they will faithfully and with fidelity perform all duties, which are or may be, by law imposed upon them. The Governor may, at any time when he shall deem necessary, require additional bond and security to be given. And in case the attorney general or any circuit attorney, shall neglect or refuse to file any bond herein required or authorized to be taken, within sixty days after his appointment, his office shall be deemed vacant, and may be filled in like manner, as other vacancies. SEC. 3. It shall be the duty of the attorney general to attend each of the terms of the supreme court, and there commence, prosecute or defend every cause which the people of this State, the auditor of public accounts, or any county of this State shall in any wise be a party to, or interested in the result. It shall be his further duty to prosecute all impeachments which may be tried before the supreme court or the Senate of this State. He shall also, when required, give his opinion and advice in writing, without fee or reward, to the General Assembly, or either branch thereof, upon any question of law; and to the Governor or the person exercising the office of Governor, the secretary of State, auditor of public accounts, and State treasurer, upon any question of law relating to the duties of their respective offices, which may be submitted to him by them or either of them. SEC. 4. It shall also be the duty of the attorney general and of each circuit attorney to attend each circuit court to be held in each of the counties belonging to his judicial circuit, and to commence and prosecute all actions, suits, process, indictments and prosecutions, civil and criminal, in which the people of this State, or any county within such judicial circuit may be concerned; to defend all actions brought within such judicial circuit, against the auditor of public accounts, or any of the counties aforesaid; to prosecute all forfeited recognizances, and all suits and actions for the recovery of debts, revenues, moneys, fines, penalties and forfeitures, accruing to the people of this State, or any county within the judicial circuit aforesaid. He shall give his opinion without fee or reward, to any county commissioners' court, and to any justice of the peace within his circuit, when required so to do, upon any question of law, relating to any criminal or other matter, in which the people or any county is concerned; and he shall perform such other and further duties, as may be enjoined on him by law. SEC. 5. It shall be the duty of the attorney general and circuit attorneys to attend, if in their power, the examination of all persons brought on habeas corpus before a judge of the supreme or circuit court, within their circuits respectively; and, if convenient, shall attend the examination, within their respective circuits, of persons accused of felonious crimes, on being notified of the same. SEC. 6. When the attorney general or any circuit attorney, shall be interested in any cause or proceeding, civil or criminal, which it is, or shall be made his duty to prosecute or defend, the court in which such cause is pending, or to be brought, may appoint some competent person to prosecute or defend such cause, and in all cases where the attorney general or circuit attorney shall be absent or sick, and unable to attend to the discharge of his duties, the court in which any of his duties are required to be performed, may appoint some competent person to discharge such duties, until the attorney general or circuit attorney appear and resume the discharge of his duties; and the person so appointed shall possess the same power in relation to such causes and the business in such court, and shall be entitled to the same fees therefor, as would have been allowed to the attorney general or circuit attorney for said services. SEC. 7. The attorney general shall have the right to call upon any of the circuit attorneys to assist him in the prosecution, or in the defence of any suit in the supreme court, or the trial of any impeachment which it shall be the duty of the attorney general to attend to; and any circuit attorney being so required shall give his assistance accordingly. SEC. 8. Should any vacancy occur in any of the judicial circuits in this State between the sessions of the legislature, it shall be the duty of the Governor to fill the same by the appointment of some qualified person to discharge the duties of said office, who, when so appointed, shall continue in office until his successor is duly elected and qualified as in this chapter provided. APPROVED: March 3, 1845. CHAPTER XIII. AUDITOR AND TREASURER. SECTION 1. Auditor and treasurer elected by joint vote of 2. Shall give official bonds; condition thereof. vacant. 4. Shall each keep an official seal; copies of papers authenticated by them to be received in evidence. 5. Governor may require additional bond; if not given, office to be vacant. 6. Governor may order bonds to be sued; judgment may be had against principal and sureties, jointly or severally. 7. Auditor to keep accounts of the State; audit accounts. 8. Shall draw warrants, and keep record thereof. 9. Auditor shall personally sign all warrants, &c. 10. Warrants to be countersigned by treasurer, and entry thereof made. SECTION 12. 11. Auditor to report to General Assembly. 13. Treasurer shall receive, keep safely, and pay out 14. Shall report monthly to the auditor; shall can- 16. If warrant be lost, duplicate to be issued; oath SECTION 1. There shall be elected by the joint vote of both Houses of the General Assembly, once in every two years, an auditor and a treasurer, who shall hold their offices for two years, and until their respective successors are elected and qualified. SEC. 2. The auditor and treasurer shall, immediately after their election, execute and file in the office of the secretary of State, bonds respectively, to the people of the State of Illinois, with good and sufficient securities, to be approved by the Governor and two justices of the supreme court; the auditor in the penal sum of twenty thousand dollars, and the treasurer in the penal sum of one hundred thousand dollars, conditioned that said auditor and treasurer shall faithfully discharge all the duties of their said offices, then required, or thereafter to be required by law, and that they will at the close of their terms of office, deliver over to their respective successors, all moneys, books, records, vouchers, papers and other property pertaining to their respective offices. Said bonds shall each contain a clause in the condition thereof, that the auditor and treasurer respectively, shall, when required by the Governor, give additional bonds, with sufficient securities, as specified in the fifth section of this chapter, to be approved and filed in like manner original bond. as the SEC. 3. No commission shall be issued to any auditor or treasurer until he shall have given bond and security as required by this chapter. And if either shall neglect or refuse to enter into a bond as required herein, within twenty days after his election, the office shall be deemed and considered vacant, and the Governor shall immediately communicate the fact to the General Assembly, if in session, and if not, he shall fill such vacancy according to law. SEC. 4. The auditor and treasurer shall each keep an official seal, which shall be used to authenticate all writings, papers and documents required by law to be certified from either of said offices; and copies of all papers, writings and documents legally deposited in either of said offices, when certified by the officer and authenticated by the seal of his office, shall be received in evidence in the same manner and with like effect as the originals. SEC. 5. Whenever the Governor shall deem any bond filed by the auditor or treasurer insufficient, he may require additional bond in any penalty not exceeding that specified in the second section hereof, and if such officer shall fail, when so required, to file such bond for the space of twenty days, his office may, in the discretion of the Governor, be declared vacant, and shall be filled, as provided in the third section hereof. SEC. 6. Whenever the condition of any bond given by the auditor or treasurer shall be broken, it shall be the duty of the Governor to order the same to be prosecuted. Suit may be instituted and prosecuted to final judgment against such auditor or treasurer, or their respective securities, or one or more of them, jointly or severally, without first establishing the liability of the auditor or treasurer, by obtaining judgment against him alone. SEC. 7. It shall be the duty of the auditor at all times to keep the accounts of the State, with any State or territory, and with the United States, with all public officers, corporations and individuals, having accounts with this State; he shall audit all accounts of public officers who are to be paid out of the State treasury; of the members of the legislature, and all persons authorized to receive money out of the treasury, by virtue of any appropriation made, or to be made by law, particularly authorizing such account. SEC. 8. On ascertaining the amount due any person from the treasury, the auditor shall grant his warrant on the treasury for the sum due. He shall keep a fair record of all warrants by him drawn, numbering the same in a book to be kept for that purpose. SEC. 9. The auditor of public accounts shall hereafter, in all cases, personally sign all warrants for money, on the treasury of the State, all tax receipts, and all other papers necessary and proper for the auditor to sign. SEC. 10. In all cases where warrants for money are issued by the auditor upon the State treasurer, the said warrants, before they are delivered to the person or persons for whose benefit the same are drawn, shall be presented by the auditor to the State treasurer, who shall personally countersign the same, and shall also enter in a book to be kept for that purpose by him, the date, amount, and the name of the person or persons to whom the same are made payable. SEC. 11. The said auditor shall make a fair list of all accounts by him audited, in a book by him to be kept for that purpose, as also an account of all taxes or other moneys which may be due by any person to this State, or which may be paid into the treasury; he shall make out and present to each regular session of the General Assembly, by the tenth day of the session, a report, shewing the amount of warrants by him drawn on the treasury, stating particularly on what account said warrants were drawn, and if drawn on the contingent fund, to whom, and for what they were issued. He shall also report the amount of money received into the treasury, stating particularly the source of revenue from which the same may be derived. SEC. 12. When the auditor shall have made out abstracts of all sums due in the respective counties, and sent them to the different collectors, he shall make out in a book to be kept for that purpose, a fair account against each collector, a certified copy of which, with the seal of his office thereto attached, shall be sufficient for the attorney general or circuit attorneys, to proceed by motion or action against such delinquent collectors and their securities, before the supreme or circuit court. All quietusses necessary to be granted shall be issued by the auditor, under his hand and seal of office. SEC. 13. It shall be the duty of the State treasurer, to receive the proceeds of all taxes and other public moneys of this State, and safely keep the same. He shall not pay out of the treasury any money, but on a warrant of the auditor. He shall keep a regular and fair account of all moneys and revenues he receives and pays out, agreeably to law, stating therein particularly on what account each particular sum was paid out, or received, and the time when, and lay a copy thereof before the General Assembly, by the tenth day of the session. An abstract of said. reports of the auditor and treasurer, shall be prepared by the General Assembly and published with the laws of each session. SEC. 14. It shall be the duty of the treasurer to report monthly to the auditor, the amount of money which he may have received, stating on what account the same was paid into the treasury. He shall also report monthly, an account of payments out of the treasury, and deposit with the auditor, all warrants which he may have paid or received, and take the auditor's receipt for the same; and it shall be the duty of the auditor to make entries of said reports, in books to be kept by him for that purpose. Before depositing said warrants with the auditor, the treasurer shall write the word "cancelled" on the face of each. SEC. 15. If said treasurer die, resign or be displaced, or otherwise cease to hold his office, then such treasurer, his heirs, executors or administrators, shall regularly state the amount and deliver the moneys and warrants, together with all books, records, memoranda, papers and instruments of writing of the State, in his or their possession, or which such treasurer shall have received and not paid out according to law, to the succeeding treasurer, who shall make report thereon to the General Assembly, and the said report, if confirmed by the legislature, shall be a discharge of the bonds of the late treasurer, in which case they shall be given up to the said treasurer, his heirs, executors or administrators. SEC. 16. If any auditor's warrant shall be lost, mislaid or destroyed, so that the same can not be presented for payment by the person entitled thereto, it shall be lawful for the auditor, at any time before such warrant shall be paid at the treasury, to issue a duplicate warrant to the person or persons having so lost any warrant as aforesaid, on such person filing with the auditor, an affidavit in writing, sworn before some justice of the peace or judge, stating the loss or destruction of any such warrant, and the auditor shall immediately certify the same to the treasurer, who shall thereby be authorized to pay any such duplicate warrant: Provided, If any such warrant shall be, at the time of such loss or destruction, (which fact shall be ascertained by the oath of the party making such application, or otherwise,) negotiable, then, before such certificate shall be given by the auditor, such person shall give him satisfactory security for the refunding of the amount, together with all costs and charges, should the State afterwards be compelled to pay the original warrant. SEC. 17. The auditor and treasurer shall keep their offices at the seat of government; and shall not hereafter employ the same person as clerk in both their respective offices, at the same time. SEC. 18. The auditor shall be deemed the proper officer to institute all suits, motions, and other proceedings in law and equity, in which the State is plaintiff, except in cases otherwise provided by law. [AMENDED:-See appendix, Act No. 1.] APPROVED: March 3, 1845. CHAPTER XIV. BAIL. SECTION 1. No person not a householder, resident and of sufficient property, no attorney, sheriff nor bailiff, shall be special bail. 2. In what actions bail shall be required; what facts must be proved; in what cases bail may be discharged. 3. Sheriff' shall take bail; form of condition of bail bond; bond to be returned with the writ; if sheriff neglect to take sufficient bond, he shall be liable as bail. 4. Plaintiff may sue on bail bond, if sufficient; if not sufficient, bond shall stand as security to the sheriff, who shall have the rights of bail; time of excepting to bail; objections to bail, how decided. 5. Defendant may surrender himself; how, if in term time; how, if in vacation; how bail discharged; when defendant may be discharged 8. No suit to be commenced on bail bond, until a return that the defendant can not be found; what necessary to charge bail. 9. Bail having paid debt of principal, may recover; 10. Bail may plead death of principal in bar of ac- 12. 13. Bail not to be proceeded against by scire facias. SECTION 1. No person shall be permitted to be special bail in any action, unless he be a householder and resident within this State, and of sufficient property, if the writ or process is sued out of the supreme court, or if it issue out of any circuit court, unless he be a householder of sufficient property, and resident in the county in which the court is held; and no counsellor or attorney at law, sheriff, under sheriff, bailiff, or other person concerned in the execution of process, shall be permitted to be special bail in any action. SEC. 2. In all actions to be commenced in any court of record in this State, and founded upon any specialty, bill or note in writing, or on the judgment of any court, |