causes, suits and motions grow out of contracts express or implied, or out of torts of any nature or description whatever, affecting the interest or welfare of the State. Suits bow in- Sec. 2. Be it further enacted, That all such suits, mostnuted. tions, causes and proceedings shall hereafter be instituted, and prosecuted in the name of the People of the State of Illinois.

Sec. 3. Be it further enacted, That writs of ne-exeat, capias, Writs of ne-attachment and injunction may issue in the causes, suits sue" may,8'and proceedings aforesaid on behalf of the State as in cases provided for by law between individuals, and such writs shall issue in all instances upon the official statement in writing of the Attorney General, which statement shall conform to the law applying to the issuing of those writs in other cases, only dispensing with the oath or affidavit of the Attorney General, ^iredto' ive sec' 4" Be U furlher enacted, That the State shall in no bond in suits.6 case ^e required to give bond and security as is required of

individuals in suing out such writs as aforesaid. Dt t of oft ^EC* Be ^furlner enacted, That it shall be the duty of oers^ thro ugh- sheriffs and coroners throughout the State to obey the out the State, writs aforesaid, and serve the same in their respective counties, and whenever any person or persons by virtue of any such writs of capias or ne-exeat, shall be required to give bail or enter into bond or recognizance, for his, her or their appearance at the court aforesaid, as in other cases provided for by law, in default of giving bail, or entering into bond or recognizance, such person or persons shall be imprisoned in the county where he, she or they may be arrested, and there detained until he, she or they shall give such bail, or enter into such bond or recognizance, or be otherwise discharged by law; and in case he, she or they shall not be discharged from custody, the sheriff or coroner having him, her or them in custody, shall surrender him, her or them before the said court at the return day of such writ. Sec 6. Be it further enacted, That any person or persons, Judgments a- body politic or corporate, againstwhom any such suit, cause, howSpaid.Wte motion or proceeding as aforesaid shall be instituted and prosecuted, shall recover payment for his, her or their costs, which shall be paid by the State, and for which the clerk of said court shall certify the same to the Auditor, and the Auditor of Public Accounis shall issue his warrant for the same on the Treasurer, in the event that such cause, suit, motion or proceeding shall be determined or disposed of against the State.

Sec. 7. Be it further enacted, That it shall be the duty of State officers th". Governor, Secretary of State, Treasurer, Auditor and to notify At- puna Commissioner, to give immediate notice to the Attora°Tneof deHn- ney General of any delinquency or default of any person or quents. persons, body politic or corporate, in any matter relating to the public revenue and public interests, growing out of contracts or torts as aforesaid, and it shall be the duty of the Attorney General to proceed forthwith against such person Attorney Geor persons, body politic or corporate, ,in the most efficient "eedVgainBt!" manner allowed by law.

Sec. 8. Beit further enacted, That it shall be the duty of ff^Atu/'e7 the Attorney General to enforce the penalties of the criminal General'.0""5* code against all persons who haveor may embezzle the public money, or who may be liable to prosecution for any delinquency or default pertaining to the public revenue in his district, and it shall be the further duty of the Attorney General to give information, and directions, and instructions to the prosecuting attorneys of the State, of any such offences as above in other parts of the State out-of his district, so that prosecutions may be instituted against such offenders.

Sec. 9. Be it further enacted, That in all such suits, cau- Official stateses, motions and proceedings as aforesaid, the official state- m*nt of State

«» onicGrs fippfTi—

ment of the Governor, Secretary of State, Auditor, Treasu- e(j evidence, rer, and Fund Commissioner, of any fact or facts, properly within the legitimate powers and duties of such officers, respectively, shall be deemed and taken as evidence for and against the State, as the case may be.

Sec 10. Beit further enacted, That all subpoenas, sum- ?TMgess0 mouses, executions and other legal process in said suits, causes, county in the motions and proceedings, shall issue and be directed to any State, county in the State, and be served as in other cases provi- Fees f ded for by law; and the lees of the clerks, witnesses, sheriffs, Cers. coroners and other officers, shall be the same as in other cases.

Sec 11. Be it further enacted, That the causes, motions, suits and proceedings aforesaid, shall be docketed in the Causes how court aforesaid, and tried and disposed of as other cases: Pro-docketed. ■sided, That said court shall not have exclusive jurisdiction of Proviso, such causes, motions and suits, but only concurrent jurisdiction with the other circuit courts of the State, where the defendant or defendants in said causes, motions and suits may happen to reside or be found.

Sec 12. Be it further enacted, That this act shall not be Interests of construed as repealing any other act or law of this State re" peaie^by this lating to the interests of the State, but the same shall be con- acU 18 sidered a cumulative remedy in the enforcement of public justice.

Sec 13. The sheriff or coronor of the proper county proceBa 0fsu. shall hereafter serve and return all writs and process issuing preme and out of the supreme and circuit courts, unless otherwise Prov'" how serrei'" ded for by law. Approved, February 26, 1841.

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An ACT creating a Board of Auditors to settle the accounts of contractor* la force, Feb. on Public Works.

26, 1841.

Sec. 1. Be. il enacted by the People of the dilate of Illinois, Board of au- represented in thz General Assembly, That the Auditor of Pubditors to settle He Accounts, Treasurer and Secretary of State, he and they claims of con-are nerej,y created and constituted a board of auditors to tractois. audit, settle and adjust the claims and accounts of all such contractors who have been engaged upon the public: works of the State of Illinois, and whose accounts have not been passed upon or rejected. Board confin- Sec. 2. Said board shall be confined to such claims oned to claims ly as shall be based upon estimates made upon contracts on estimates. entered into in accordance with law, and shall have power Board may to order a re-cstimate where injustice shall appear lo be mat" re es,1"done either to the State or individuals, to examine witnesses upon oath, having power to administer oaths or affirmations' to such witnesses, and to do all things necessarv to ascertain and arrive at the amount justly oue and owing from the State to such contractor or contractors.

Sec. 3. When the board shall be advised and settle down Fundcommis"uPon amount due, 'n justice f'na equity, for work done sioner. under contract, thev shall draw a draft or drafts for the same upon the Fund Commissioner, bearing interest at the rate of six per cent, per annum from the date thereof until paid, which drafts may be drawn in any sum not less than fifty Proviso. dollars: Provided, That in case the sum found due be less than fifty dollars, a draft may be drawn for the amount due Further pro-to such individual or individuals: Provided, further, That no viso. account or estimate for work done on any public work after

the passage of this act, shall be audited or passed upon by said board.

Record of Sec. 4. It shall be the duty of said board to keep a full proceedings record of all their proceedings, and in drawing drafts, the of board. game stial 1 be numbered, shew to whom drawn, the particuVonchers lar work, amount and date; all accounts, receipts, vouchers ■ball be filed, and certificates, examined and adjusted by thorn, shall be carefully filed and preserved, and they shall make such reports on the business assigned them as will enable the Governor from time to time to report to the Legislature the true and accurate amount allowed and awarded, and the proceedings of said board specially, limit of serf ^EC" Doard °f auditors shall not be authorized to

mi o 8cnPjggue certificates of indebtedness to an amount above one hundred thousand dollars under the provisions of this act. Board to set ^EC' ^' I'shall be the duty of said board of auditors to tie with enj,i-sett'e with and adjust the claims of any engineer who may neers. have rendered service to the State under the internal im

provement laws and who have not received compensation esm'blished0 or suc'1 serv»ccs. The said claims 1o be established in such manner as shall be satisfactory to said board, and when any balance shall be found due any engineer, the said board shall issue their draft for such balance on the Fund Commissioner as required by the third section of this act.

Approved, February 26, 1841.

An ACT to provide for the payment of certain debts due from the State to

the Banks. In force< Feb.

26, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty gtate o(noers of the Auditor, Treasurer, and Secretary of State, to make to make setsettlement with the Bank of Illinois, in relation to claims and tlement with demands wliich said bank may have against the State, forbank' advances heretofore made by the said bank, to the use of the State on account of the State House, Fund Commissioners' drafts on account of Internal Improvements, and other liabilities.

Sec 2. After the settlement herein provided for, and after the settlement provided for [by] law with the State Bank, Auditor to isit shall be the duty of the Auditor to issue his warrant on 9ue warrant to the treasurer of this State, for the payment of whatever bal-banksance may be found due to the Bank of Illinois, and the State Bank of Illinois, which warrants shall bear interest at the Redemption rate of six per centum per annum, payable semi-annually,of warrants, and reimburseable at the pleasure of the Stale after the year eighteen hundred and fifty.

Sec. 3. The warrants hereby authorized to be issued, warrants not may be made in such sums as may be required by the said less than $10,banks, or either of them, not less than ten thousand dollars;000said warrants shall be countersigned by the Secretary of State and shall have the seal of State affixed thereto, the performance of which requisite shall be deemed agood and valid execution of the powers herein granted, and by which the Faith of State faith of the State of Illinois hereby is declared to be pledg- pledged ed for the reimbursement of the principal and interest due on said warrants.

Sec. 4» It may be lawful for the said banks respectively upon the sale oTsaid warrants, to guaranty the payment of the Interest acinterest upon the same, and keep an interest account againstcountthe State, for such interest advanced as aforesaid, and the faith of the State is hereby pledged irrevocably for the reimbursement of the principal and interest of the liabilities hereby authorized to be created.

Approved, February 26, 1841.

An ACT to amend an act, entitled "An act in relation to the State Bank In force Feb. °f Illinois," approved, January thirty-first, one thousand eight hundred 27,1841. and forty.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of an act,

B^tnchqUBankentit'ed "AU aCt re,ation to tne ^tate Bank of Hlm°is>" at Chicago re- approved, January thirty-first, A. D. one thousand eight moved, re- hundred and forty, as requires that the directors of the papealed. rent Bank shall within six months from the passage of said act, remove from Chicago the branch located at that place, Branch resto- and establish the same at such other place as the bank may deem proper," be and the same is hereby repealed, and the said bank is hereby authorized to relocate said branch at Chicago. Approved, February 27,1841.

Iu force Feb. 27, 1841.

An ACT concerning the State Bank of Illinois.

35th section repealed.


Sec. 1. Be it enactedby the People of the State of Illinois, represented in the General Assembly, That the twenty-fifth section of an act entitled "An act to incorporate the subscribers to the Bank of the State of Illinois," approved, February twelfth, one thousand eight hundred and thirty-five, be and the same is hereby repealed, and any forfeiture which may have accrued under the provisions of said section is hereby set aside: Provided, That when said bank shall resume specie payments for its evidences of indebtedness, if at any time after such resumption, the bank shall again suspend such payment for a longer period of time than is now allowed by its charter, then and in such case the General Assembly shall have the power to declare said charter forfeited.

Sec 2. The said bank is hereby authorized to receive interest at the rate of seven per centum per annum, on all loans or discounts made by said bank for any period of time not exceeding six months; and for any longer period of time, the said bank is authorized to receive interest upon the same at the rate of nine per centum per annum.

Sec. 3. The said bank is hereby authorized to issue notes of the denomination of one, two, and three dollars until the first day of January, A. D. one thousand eight hundred and forty-three, but not after that period: Provided, however, That the bank, in order to avail herself of the benefits of the foregoing provisions, shall agree to and conform with the following conditions, to wit: First. The said bank shall not directly or indirectly, during its suspension of specie payments sell, or specieBP°3e0''n any manner dispose of any of its specie,or gold or silver bullion, except for the purposes of change to the amount of five Notes in cir- dollars, or under the sum of five dollars. Second. That it will culation. neither directly nor indirectly issue, or put in circulation during the period of its suspension of specie payments, any bank

Interest allowed.

Small notes.


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