arrested and held to bail, and shall be subject to the same legal process, and may in all respects be prosecuted and proceeded against in the same courts and in the same manner as other persons are, any law, usage or custom to the contrary notwithstanding; Provided, nevertheless, said judges, counselors or attorneys, clerks, sheriffs and other officers of said courts, shall be privileged from arrest while attending courts, and whilst going to and returning from court.

[R. S. 1845, P. 74, §7; Wilson v. Nettleton, 12 Ill. 61.

10. Who not to practice as attorney. 10. No person who holds a commission as a justice of the supreme court, or as judge of any court of record, shall be permitted to practice as an attorney or counselor at law in the court in which he presides; nor shall any coroner, sheriff, deputy sheriff, jailer or constable be permitted to practice as aforesaid in the county in which he is commissioned or appointed; nor shall any clerk or deputy clerk of [a court of] record be permitted to practice as any attorney or counselor at law in the court of which he is clerk or deputy clerk; and no person shall be permitted or suffered to enter his name on the roll or record, to be kept as aforesaid, by the clerk [*171] of the supreme court, or do any official act appertaining to the office of an attorney or counselor at law, until he hath taken the oath hereinbefore required; and the person administering such oath shall certify the same on the license; which certificate shall be a sufficient voucher to the clerk of the supreme court, to enter or insert, or permit to be entered or inserted, on the roll of attorneys and counselors at law, the name of the person of whom such certificate is made. [R. S. 1845, P. 74, § 8.

11. Parties may prosecute or defend - rights saved. II. Plaintiffs shall have the liberty of prosecuting, and defendants of defending in their proper persons, and nothing herein contained shall be so construed as to affect any person or persons heretofore admitted to the degree of an attorney or counselor at law, by the laws of this State, so as to subject him to further examination, or make it necessary for him to renew his license.

[R. S. 1845, p. 75, § 12; Gregson v. Allen, 85 Ill. 478.

12. Attorneys residing in other States. 12. When any counselor or attorney at law, residing in any other State or territory, may desire to practice law in this State, such counselor or attorney shall be allowed to practice in the several courts of law and equity in this State upon the same terms and in the same manner that counselors and attorneys at law residing in this State now are or hereafter may be admitted to practice law in such other State or territory. [R. S. 1845, p. 75, § 13.

II

AN ACT in regard to attorneys-general and State's attorneys. [Approved March 26, 1874. In force July 1, 1874.]

1. Oath-bond. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That before entering upon the respective duties of their office, the attorney-general and State's attorneys shall each be commissioned by the governor, and shall take the following oath or affirmation:

I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of attorney-general (or State's attorney, as the case may be), according to the best of my ability.

And shall also execute a bond, to the people of the State of Illinois, with good and sufficient securities-that of the attorney-general in the penal sum of $10,000, to be approved by the governor, and then filed in the office of the secretary of State; and that of each State's attorney in the penal sum of $5,000, to be approved by the county court of his respective county, which approval shall be indorsed upon said bond. And said bond, with the approval thereof indorsed, shall be entered of record in said county court, and then forwarded by the county clerk to the secretary of State, to be filed in his office. Each and every of said bonds shall be conditioned upon the faithful discharge of the duties of said office, and the paying over all moneys as provided by law, which bond shall run to and be for the benefit of the State, county, corporation or person injured by a breach of any of the conditions thereof. [L. 1871–2, p. 189, § 1; R. S. 1845, p. 75, § 2; L. 1867, p. 47, § 3.

2. Additional bond. § 2. Whenever the governor shall deem any bond filed by the attorney-general, or the county court shall deem the bond filed by any State's attorney insufficient, the governor or county court, as the case may be, may require additional bond, in any penalty not exceeding that specified in section one of this act. [L. 1871-2, p. 189, 1; R. S. 1845, p. 75, 2.

3. Failure to give bond or take oath. § 3. If any person elected to the office of attorney-general or State's attorney shall fail to give bond, or take the oath required of him, within twenty days after he is declared elected, the office shall be deemed vacant, and if, being required to give additional bond, as provided in section two hereof, he fails to do so within twenty days after notice of such requirement, his office may, in

the discretion of the governor, be declared vacant and filled as provided by law. [L. 1871-2, p. 180, 1; R. S. 1845, p. 75, § 2.

4. Duties of attorney-general. §4. The duties of the attorney-general shall be:

First-To appear for and represent the people of the State before the supreme court in each of the grand divisions, in all cases in which the State or the people of the State are interested.

Second-To institute and prosecute all actions and proceedings in favor of or for the use of the State, which may be necessary in the execution of the duties of any State officer.

[*173] Third-To defend all actions and proceedings against any State officer, in his official capacity, in any of the courts of this State or the United States.

Fourth-To consult with and advise the several State's attorneys in matters relating to the duties of their office; and when, in his judgment, the interest of the people of the State requires it, he shall attend the trial of any party accused of crime, and assist in the prosecution.

Fifth-To consult with and advise the governor and other State officers, and give, when requested, written opinions upon all legal or constitutional questions relating to the duties of such officers respectively. Sixth-To prepare, when necessary, proper drafts for contracts and other writings relating to subjects in which the State is interested.

Seventh-To give written opinions, when requested by either branch of the general assembly, or any committee thereof, upon constitutional or legal questions.

Eighth-To enforce the proper application of funds appropriated to the public institutions of the State, prosecute breaches of trust in the administrations of such funds, and, when necessary, prosecute corporations for failure or refusal to make the reports required by law.

Ninth-To keep, in proper books, a register of all cases prosecuted or defended by him, in behalf of the State or its officers, and of all proceedings had in relation thereto, and to deliver the same to his successor in office.

Tenth-To keep in his office a book in which he shall record all the official opinions given by him during his term of office, which book shall be by him delivered to his successor in office.

Eleventh-To pay into the State, treasury all moneys received by him for the use of the State.

Twelfth-To attend to and perform any other duty which may, from time to time, be required of him by law. [L. 1871-2, p. 189, § 2; R. S. 1845, p. 76, 3, 4, 5; L. 1867, p. 47, § 4.

5. Duties of State's attorney. § 5. The duties of each State's attorney shall be

First-To commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in any court of record in his county, in which the people of the State or county may be concerned.

Second-To prosecute all forfeited bonds and recognizances, and all actions and proceedings for the recovery of debts, revenues, moneys, fines, penalties and forfeitures accruing to the State or his county or to any school district or road district in his county; also, to prosecute all suits

in his county against railroad or transportation companies, which may be prosecuted in the name of the people of the State of Illinois.

Third-To commence and prosecute all actions and proceedings brought by any county officer in his official capacity.

Fourth-To defend all actions and proceedings brought against his county, or against any county or State officer, in his official capacity, within his county.

Fifth-To attend the examination of all persons brought before any judge on habeas corpus, when the prosecution is in his county.

Sixth-To attend before justices of the peace and prosecute charges of felony or misdemeanor, for which the offender is required to be recognized to appear before a court of record, when in his power so to do. Seventh To give his opinion, without fee or reward, to any county officer, and to justices of the peace, in his county, upon any question of law relating to any criminal or other matter, in which the people or the county may be concerned.

Eighth - To assist the attorney-general whenever it may be necessary, and in cases of appeal or writ of error from his county to the supreme court, to which it is the duty of the attorney-general to attend, he shall, a reasonable time before the trial of such appeal or writ of error, furnish the attorney-general with a brief, showing the nature of the case and the questions involved.

Ninth - To pay all moneys received by him in trust, without

[*174] delay, to the officer who by law is entitled to the custody thereof. Tenth-To perform such other and further duties as may, from time to time, be enjoined on him by law.

Eleventh-To appear in all proceedings by collectors of taxes against delinquent tax payers for judgments to sell real estate, and see that all the necessary preliminary steps have been legally taken to make the judgment legal and binding. [L. 1871–2, p. 190, § 3; R. S. 1845, p. 76, $$ 4, 5.

6. Court may appoint attorney in absence, etc., of attorney-general or State's attorney. § 6. Whenever the attorney-general or State's attorney is sick or absent, or unable to attend, or is interested in any cause or proceedings, civil or criminal, which it is or may be his duty to prosecute or defend, the court in which such cause or proceeding is pending may appoint some competent attorney to prosecute or defend such cause or proceeding; and the attorney so appointed shall have the same power and authority, in relation to such cause or proceeding, as the attorney-general or State's attorney would have had if present and attending to the same. [L. 1871–2, p. 191, § 4; L. 1847, p. 18, § 1.

7. Repeal. 7. That an act entitled "An act in regard to attorneys-general and State's attorneys," approved March 22, 1872, is hereby repealed; but the repeal of said act shall not affect any of said attorneys now in office, or any rights or liabilities that shall have accrued when this act shall take effect.

AN ACT to revise the law in relation to the auditor of public accounts. [Approved April 25, 1873. In force July 1, 1873.]

1. Bond. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of public accounts of this State shall, before entering upon the duties of his office, give bond, with two or more sufficient sureties, to be approved by the governor and two justices of the supreme court, payable to the people of the State of Illinois, in the sum of $50,000, conditioned for the faithful discharge of his duties, and to deliver up all papers, books, records and other property appertaining to his office, whole, safe and undefaced, to his successor in office, and that he will give additional bonds, with sufficient sureties, when legally required-which bond shall be filed in the office of the secretary of State. [R. S. 1845, p. 77, § 2.

2. Oath. 2. He shall, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5, of the constitution, which shall be filed in the office of the secretary of State.

3. Additional bond. § 3. Whenever the governor shall deem any bond filed by the auditor insufficient, he may require additional bond, in any penalty not exceeding that specified in section one hereof. [R. S. 1845, p. 78, § 5.

4. Failure to give bond or take oath. 4. If any person elected to the office of auditor shall fail to give bond or take the oath required of him within ten days after he is declared elected, the office shall be deemed vacant; and if the auditor, being required to give additional bond, as provided in section three hereof, fails to do so within twenty days after notice of such requirement, his office may, in the discretion of the governor, be declared vacant, and filled as provided by law. [R. S. 1845, P. 78. S$ 3, 5.

5. Suit on bond. $5. Whenever the condition of any bond of the auditor is broken, it shall be the duty of the governor to order the