AUDITOR, TREASURER, AND ATTORNEY AN ACT to consolidate the acts relative to the Auditor and In force July Treasurer and election of Attorney General. 2d, 1833. two years. Shall give bond. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the general assembly shall, during their session commencing on the first Monday in December, 1834, and every two years thereafter, elect by joint vote, an auditor of public accounts, Auditor shall who shall be commissioned by the governor, and shall be elected every take and subscribe an oath, before some justice of the supreme court, or justice of the peace, to support the constitution of the United States and of this state, and also that he will faithfully discharge the duties.appertaining to said office of auditor of public accounts; which said oath shall be endorsed upon his commission, and a copy of which be filed in the office (of) secretary of state. SEC. 2. The auditor so elected, shall, before he enters; the duties of his said office, enter into bond, payable upon to the people of the state of Illinois, with one or more good securities, in the sum of ten thousand dollars, to be approved by the governor, and which bond shall be filed in the office of secretary of state,conditioned for the faithful discharge of the duties of said office, by said auditor, according to law, and for the delivery over to his successor of all books, records, vouchers, papers, presses, and furniture appertaining to said office, whole, safe, and undefaced: And should the condition of the said bond at any time be broken by said auditor, the governor shall cause suit to be instituted upon such bond, against said auditor and his securities, nor shall one recovery render the same void, but the same may be prosecuted from time to time, until the whole penalty shall be recovered. SEC. 3. The auditor of public accounts shall hereafter, Shall personalin all cases, personally sign all warrants, for money on the ly sign all wartreasury of the state, all tax receipts, and all other pa- rants, &c. pers necessary and proper for the auditor to sign. Warrants shall SEC. 4. In all cases where warrants for money are issued by the auditor upon the state treasurer, the said war- be countersignrants, before they are delivered to the person or persons ed. 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, kind of Attorney general elected every two years. Treasurer re quired to give duplicate receipts. Auditor shall keep accounts. money, and the name of the person or persons to whom the same are made payable. SEC. 5. There shall be elected by the general assembly of the state of Illinois, at, and during the session thereof, commencing on the first Monday in December, 1834, and every two years thereafter, by joint vote of both branches of the general assembly, an attorney general, whose duties shall be such as are or may be defined by law. SEC. 6. Whenever any person shall pay to the state treasurer any auditor's warrant, bank notes, or money, on account of any debt to the state bank, or any due the state, or for taxes, the treasurer is required to give duplicate receipts for such payments, one of which receipts shall describe the kind of funds in which the payment shall be made, and shall be filed in the auditor's office, and entered in a book, to be kept for that purpose, and the other copy shall be countersigned by the auditor, and delivered to the person making payment; and no payment shall be considered as having been made, until the treasurer's receipt shall be countersigned by the auditor. 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, 1838.3 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 an appropriation made, or to be made by law, particularly authorizing such account. SEC. 8. On ascertaining the amount due any person Issue warrants, from the treasury, the auditor shall grant his warrant on the treasury for the sum due. SEC. 9. 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 state treasury; he shall make out and present to each regular session of the general assembly, by the tenth day of the session, a report, shewShall report to ing the amount of warrants by him drawn on the treasugeneral assembly amount of ry, stating particularly on what account said warrants were drawn, and if drawn on the contingent fund, tọ 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. warrants drawn. record of all SEC. 10. The said auditor shall keep a fair record of Shall keep a all warrants by him drawn, numbering the same in a book warrants. to be kept for that purpose. sums due in different co's. SEC. 11. When the auditor shall have made out abstracts Abstract of 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 such collector, a certified copy of which, with the seal of his office thereto attached, shall be sufficient for the attorney general or state's attorneys, to proceed by motion or action against such delinquent collectors and their securities, before the supreme or circuit court. All quietuses necessary to be granted shall be issued Quietuses. by the auditor, under his hand and seal of office. SEC. 12. The state treasurer, when elected, shall be State treasurer commissioned by the governor, and shall, prior to entering upon the duties of his office, execute bond, with sufficient shall give SEC. 13. The governor, whenever he shall suspect the Bond where inobligors in such bond to be insufficient, shall require the sufficient. state treasurer to give an additional bond, with security to be approved of by himself, in any amount not exceeding fifty thousand dollars, both of which bonds shall be filed in the office of secretary of state; and whenever the condition of either of the said bonds shall be broken in any wise, the governor shall order the same to be prose cuted. SEC. 14. If said treasurer die, resign, or be displaced, Treasurer dyor otherwise cease to hold his office, then such treasurer, ing or resigning. his heirs, executors, or administrators, shall regularly state the amount, and deliver the moneys, warrants, together with all books, records, memorandums, 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 dis Dnties of. Shall report to the auditor monthly. Suits. Offices to be charge of the said bonds, in which case they shall be given up to the said treasurer, his heirs, executors, or administrators. SEC. 15. 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, except the auditor's salary. 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. 16. 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. SEC. 17. It shall be the duty of the auditor to institute all suits and motions in favor of the state. SEC. 18. The auditor and treasurer shall keep their kept at seat of offices at the seat of government, and for the present shall occupy rooms in the banking house. government. Warrants when lost or mislaid. Treasurer to SEC. 19. If any auditor's warrant shall be lost, mislaid, or destroyed, so that the same cannot 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. SEC. 20. The treasurer shall cause to be made out, a make out du- duplicate of the books in the auditor's office, containing plicate of books a description of all the lands in this state, subject to taxation, and shall enter opposite to each tract, in the same in auditor's of fice. manner as the auditor, a credit for the taxes on each tract, where the same are paid. It shall be his further duty to procure from the auditor, the lists from the several counties, and credit the taxes paid in the respective counties, in the same manner as the auditor now enters the same. SEC. 21. The act entitled "An act defining the duties Acts repealed. of the auditor and treasurer," approved March 24, 1819, the act to provide for the election of auditor of public accounts, and further defining his duties, approved February 14, 1831, and the act further to define the duties of the auditor of public accounts, approved February 16, 1831, be and the same are hereby repealed. But no rights, duties, or obligations accrued, or to accrue, under any of the said acts, shall be in any wise affected or impaired, by the repeal thereof. This act to take effect and be in force from and after the first day of July next. APPROVED, March 2d, 1833 BAIL. AN ACT concerning Special Bail. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That in all actions to Affidavit. be commenced in any court of record in this state, and When bail may founded upon any speciality, bill or note in writing, or on be required. the judgment of any court, foreign or domestic, and in all actions of covenant and account, and actions on verbal contracts or assumpsits in law, in which the plaintiff or other credible person can ascertain the sum due, or damages sustained, and that the same will be in danger of being lost, or that the benefit of whatever judgment may be obtained will be in danger, unless the defendant or defendants be held to bail, and shall make affidavit thereof before the clerk of the court from which process issues, or a justice of the peace of this state; or if the - plaintiff reside out of this state, before any judge of a court of record, or notary public or officer of the state or kingdom in which he resides, or may be duly authorized to administer an oath; and such affidavit shall be delivered to such clerk-he shall issue a capias and endorse thereon an order or direction to the sheriff or officer to Duty of clerk whom such process shall be directed, to hold the defendant or defendants to bail, in the sum so specified in such and sheriff. |