Sidebilder
PDF
ePub

9. To take charge of and keep in repair and replenish the furniture of the State house, except as otherwise provided.

10. To receive and take charge of all fuel, stationery and printing paper furnished for the use of the State.

II. To furnish from the stores in his possession, to his office, upon his own order, and to the governor, treasurer, auditor, superintendent of public instruction, and attorney general, upon their respective orders, all fuel and stationery necessary for their offices.

12. To furnish to the general assembly and the officers thereof, all necessary fuel and stationery, when so directed by resolution of the general assembly or either branch thereof.

13. To furnish to the public printer the printing paper required to be used in doing the public printing.

14. To supervise the distribution of the laws and journals, and keep an account thereof.

15. To keep an accurate account of all fuel, stationery and printing paper furnished the State, by contract or otherwise, and of all such articles furnished by him to any of said officers, the general assembly, or any contractor, showing distinctly how much he has furnished to

each.

16. To make out and present to the governor, at least ten days before each regular session of the general assembly, a report showing the amount of all fees received by him and paid over to the treasurer, the expenditures of his office, the contracts let by the State for fuel, stationery and printing paper, and for copying, printing, binding and distribut ing the laws and journals, and for all other printing ordered by the general assembly, and stating particularly the manner in which the same have been fulfilled; the amount of fuel, stationery and printing paper purchased, and the amount thereof used by the several officers and otherwise, and the amount thereof remaining on hand, giving in each case a particular itemized account, and when paper has been furnished the State printer, a statement of each settlement with him for paper furnished him, an account of the manner of the expenditure of each appropriation expended by him, and such general account of the business of his office as may be necessary for the information of the general assembly.

17. To perform such other duties as may be required by law. [R. S. 1845, P. 491, §§ 1, 3, 4, 5; P. 492, $$ 6, 9.

6. Temporary supplies. § 6. When the necessary fuel, stationery or printing paper is not furnished upon contract, as provided by law, and, in the opinion of the secretary of State and the governor, temporary supplies are required, it shall be the duty of the secretary of State to purchase the same, taking in all cases a receipt from the person of whom the same are purchased. All expenditures under this section shall be certified by the governor to the auditor of public accounts, who shall issue his warrant upon the State treasurer for the amount of the same, [L. 1849, p. 97, § 10.

7. Copies of bonds, papers, etc., evidence. § 7. Copies of all bonds, papers, writings and documents legally deposited in the office of the governor or secretary of State, when certified by the secre

tary of State and authenticated by the seal of his office, shall be received in evidence in the same manner and with the like effect as the [*988] originals.

[L. 1869, p. 399, § 1; C. C. & I. C. Ry. Co. v. Skidmore, 69 Ill. 566; Ryan v. Lynch, 68 Ill. 161; South Town of Ottawa v. Perkins, 94 U. S. (S. C.) 260.

8. To certify laws-evidence. § 8. In the publication of the laws of this State, or the resolutions or journals of the general assembly, the secretary of State shall cause to be published in each volume a general certificate to the effect that the same as contained in such volume are true copies of the laws, resolutions or journals of the general assembly, as the case may be, on file in his office; and each volume so certified shall be received as evidence in all courts and places. [See "Evidence and Depositions," ch. 51, § 10. L. 1867, p. 142, § 1; L. 1871-2, p. 618, $23.

9. How act passed over veto certified. § 9. Whenever any bill, which shall have passed both houses of the general assembly, shall be returned by the governor, with his objections thereto, and, upon reconsideration, shall pass both houses by the constitutional majority, it shall be authenticated as having become a law, by a certificate thereon, to the following effect, viz. : This bill having been returned by the governor, with his objections thereto, and after reconsideration having passed both houses by the constitutional majority, it has become a law this day of , A. D. Which being signed by the president of the senate and speaker of the house of representatives, shall be deemed a sufficient authentication thereof, and the bill shall, thereupon, be deposited with the laws in the office of the secretary of State.

10.

10. How act not signed-or vetoed certified. Whenever any bill which shall have passed both houses of the general assembly, and shall not be returned by the governor, or filed with his objection in the office of the secretary of State, as required by section sixteen (16), of article five (5), of the constitution, it shall be the duty of the secretary of State to authenticate the same by a certificate thereon, to the following effect, as the case may be, viz. : "This bill having remained with the governor ten days, Sundays excepted, the general assembly being in session, (or the governor having failed to return this bill to the general assembly during its session, having failed to file it in my office, with his objections, within ten days after the adjournment of the general assembly), it has thereby become a law. Witness my hand this day

[blocks in formation]

§ II, repeal, omitted. See " Statutes," ch. 131, § 5.

AN ACT to supply certain lost and missing papers in the State archives, and to legalize certified copies thereof. [Approved May 17, 1877. In force July 1, 1877. L. 1877, p. 206.]

WHEREAS, It has been discovered by the secretary of State, in the process of arranging and indexing the papers on file in his office, that a number of the enrolled laws are missing from the files and supposed to be lost, and,

WHEREAS, It is very important the files should be complete, therefore:

*11. Supplying lost or missing enrolled laws-certified copies are evidence. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the secretary of State be, and he is hereby authorized and directed to supply such missing enrolled laws with exact copies of the printed law or laws, authorized to be printed at the session which said law or laws were passed, which copy of the printed law shall be certified by the secretary of State under his hand, and the seal of State, and such law or laws so made and certified shall be filed by said secretary of State in lieu of the original law. Such certified copies, as aforesaid, are hereby legalized, and in all respects shall have the same force and effect as the original enrolled law, and to certified copies thereof, due credit shall be given in all courts of law and equity the same as though made from the original law.

[blocks in formation]

AN ACT to revise the law in relation to sheriffs. [Approved January 27, 1874. In force July 1, 1874.]

1. Commission. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every sheriff shall be commissioned by the governor; but no commission shall issue except upon the certificate of the county clerk of the proper county, of the due election or appointment of such sheriff, and that he has filed his bond and taken the oath of office, as hereinafter provided. [R. S. 1845, p. 514, 1. Const., art. 6, § 29; art. 10, § 8.

2. Bond. § 2. Before entering upon the duties of his office, he shall give bond, with two or more sufficient sureties, to be approved by the judge of the county court of his county, in the penal sum of $10,000 (except that the bond of the sheriff of Cook county shall be in the

penal sum of $100,000, and to be approved by the judges of the circuit court), payable to the people of the State of Illinois, conditioned that he will faithfully discharge all the duties required, or to be required of him by law, as such sheriff; which bond shall be entered at large upon the records of the county court, and filed in the office of the county clerk of his county.

[ocr errors]

[See Official Bonds," ch. 103, § 4. R. S. 1845, P. 514, 88 2. 3; People v. McCormack, 68 Ill. 220; Lavis v. Haydon, 3 Scam. 35; McConnell v. People, 84 11. 583; Green v. Wardwell, 17 Ill 278; Eddy y County Com'rs of Peoria, 15 Ill. 375; People v. Palmer, 46 Ill. 398; Beveridge v. Wagner, 48 Ill. 525; Bonnell v. Bowman, 53 Ill. 460; Hargrave v. Penrod, Breese, 401; Hood v. Moore, 4 Gilm, 107.

3. Oath. § 3. He shall also, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5, of constitution, which shall be filed in the office of the county clerk of his county. [R. S. 1845, p. 514, 2, 3.

4. Failure to give bond or take oath. § 4. If any person elected or appointed to the office of sheriff, of any county, shall fail to give bond or take the oath required of him, within twenty days after he is appointed or declared elected, the office shall be deemed vacant.

[R. S. 1845, p. 514, 84; Davis v. Haydon, 3 Scam. 35; People v. Fletcher, 2 Scam. 483.

5. Copies of bond, etc., evidence. § 5. Copies of such bonds, certified by the county clerk, or of the said record thereof, certi. fied by the clerk of the county court, shall be received as evidence. S. 1845, p. 514, § 3.

[R.

6. Suit on bond. § 6. If any sheriff neglects or refuses to pay over any money collected by virtue of any execution, fee bill or process, to the person entitled to receive the same, or neglects any duty of his office, to the injury of any person, such person may prosecute the bond of the sheriff, in the name of the people of the State of Illinois, for his use, at his cost, and like proceedings shall be had thereon as upon other bonds for the performance of covenants. [R. S. 1845, p. 516, § 15; People v. Robinson, 89 Ill. 159.

[*990]

7. Deputies. § 7. Each sheriff may appoint one or more deputies, not exceeding the number allowed by rule of the circuit court of his county, and take bond or security from the same for his indemnity. [See "Constitution," art. 10, § 9. R. S. 1845, p. 515, § 10.

8. Appointment in writing. § 8. Such appointment shall be in writing, signed by the sheriff.

[R. S. 1845, p. 515, § 10; Beach v. Schmultz, 20 Ill. 190; Reed v. Moffatt, 62 Ill. 300; Reed v Reber, 62 111 240; Ditch v. Edwards, 1 Scam. 127; Timmerman v. Phelps, 27 Ill. 496; Ballance v. Loomis, 22 III. 82; see §§ 12, 26, post.

9. Oath of deputy. §9. Each deputy shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, in like form as is required of sheriffs, which shall be filed in the office of the county clerk. [R: S. 1845, p. 515, $ 10.

10. Special deputy. So. A sheriff may appoint a special deputy to serve any summons issued out of a court of record, by indorsement thereon, substantially as follows: I hereby appoint

[ocr errors]

my

special deputy, to serve the within writ;" which shall be dated and signed by the sherift.

[L. 1869, p. 399, § 1; Filkins v. O'Sullivan, 79 Ill. 524; Guyman v. Burlingame, Ill. 203; Dungan v. Hall, 64 Ill. 254; The Illinois L. & L. Co. v McCormick, 61 III.

322.

11. Return by special deputy. § II. Such special deputy shall make return in the time and manner of serving such writ, under his oath, and for making a false return he shall be guilty of perjury and punished accordingly.

[L. 1869, p. 399, 88 2, 3; Edwards v. McKay, 73 Ill. 570; Coursen v. Hixon, 78 III. 339.

12. Powers of deputies. 12. Deputy sheriffs, duly appointed and qualified, may perform any and all the duties of the sheriff, in the name of the sheriff, and the acts of such deputies shall be held to be the acts of the sheriff.

[R. S. 1845, p. 515, § 10; L. 1869, P. 399, § 2; Village of Glencoe v. People, 78 III. 382; Zepp v. Hager, 70 Ill. 223.

13. Sheriff liable for deputy. 13. The sheriff shall be liable for any neglect or omission of the duties of his office, when occasioned by a deputy, in the same manner as for his own personal neglect or omis sion. [R. S. 1845, p. 515, 10.

14. Sheriff custodian of court house, etc. § 14. He shall have the custody and care of the court house and jail of his county, except as is otherwise provided. [R. S. 1845, p. 515, § 7.

15. Duty of sheriffs. 15. Sheriffs shall serve and execute, within their respective counties, and return all writs, warrants, process, orders and decrees of every description that may be legally directed and delivered to them.

[R. S. 1845, P. 515, 85; Davis v. Wilson, 65 Ill. 525; Leachman v. Dougherty, 81 III.

325.

16. Penalty. § 16. The disobedience of any sheriff to perform the command of any writ, warrant, process, order or decree legally issued to him, shall be deemed a contempt of the court that issued the same, and may be punished accordingly; and he shall be liable to the party aggrieved for all damages occasioned thereby. [R. S. 1845, p. 515, $5. 17. Conservator of the peace. 17. Each sheriff shall be conservator of the peace in his county, and shall keep the same, suppress riots, routs, affrays, fighting, breaches of the peace, and prevent crime; and may arrest offenders on view, and cause them to be brought before proper magistrates for trial or examination.

[See "Criminal Code," ch. 38, §§ 253, 340; R. S. 1845, P. 515, § 6; South v. State of Maryland, 18 How. (U. S.) 396.

18. Posse comitatus. 18. To keep the peace, prevent crime, or to execute any writ, warrant, process, order or decree, he may call to his aid, when necessary, any person or the power of the county. [See 'Criminal Code," ch. 38, $ 245. R. S. 1845, p. 515, $5.

[ocr errors]

19. To attend courts. 19. Each sheriff shall, in person or by deputy, attend upon all courts of record held in his county when in session, and obey the lawful orders and directions of the court. [See R. S. 1845, p. 515, § 7.

[ocr errors]

'Courts," ch. 37, § 11, 203, 247.

« ForrigeFortsett »