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.

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 shal 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 duty 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 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 pres. ent 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 gen eral 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.] § 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 staté. [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, aud filled as provided by law. [R. S. 1845, p. 78, § 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 same to be prosecuted. Suit may be instituted and prosecuted thereon to final judgment against the auditor or his sureties, or one or more of them, jointly or severally, without first establishing the liability of the auditor by obtaining judgment against him alone. [R. S. 1845, p. 78, § 6.

6. SEAL, COPIES OF RECORDS, ETC.—EVIDENCE.] § 6. The auditor shall keep an official seal, which shall be used to authenticate all writings, papers and documents required by law to be certified from his office; and copies of all records,

writings, papers and documents legally in his keeping, when certified by him and authenticated by his official seal, shall be received in evidence in the same manner and with like effect as the originals. [R. S. 1845, p. 78, § 4.

7. DUTIES OF AUDITOR.] § 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. [R. S. 1845, p. 78, § 7.

8. TO DRAW WARRANTS.] § 8. On ascertaining the amount due any person from the treasury, the auditor shall grant his warrant on the treasury for the sum due. [R. S. 1845, p. 78, § 8.

9. RECORD OF WARRANTS.] § 9. He shall keep a fair record of all warrants by him drawn, numbering the same, in a book to be kept for that purpose. [R. S. 1845, p. 78, § 8.

10. AUDITOR TO SIGN WARRANTS. ETC.] § 10. The auditor shall, in all cases, personally sign all warrants for money on the treasury of the state, and all other papers necessary and proper for the auditor to siga. [R. S. 1845, p. 78, § 9.

11. WARRANTS PRESENTED TO BE COUNTERSIGNED.] § 11. 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 for whose benefit the same are drawn, shall be presented by the auditor to the state treasurer, to be countersigned by the treasurer. [R. S. 1845, p. 78, § 10.

12. SET OFF. § 12. Whenever any person shall be entitled to a warrant on the treasurer, on any account whatever, against whom there shall be any account or claim in favor of the state then due and payable, the auditor of public accounts s'all ascertain the amount due and payable to the state, as aforesaid, and issue a warrant on the treasurer, stating the amount for which the party was entitled to a warrant, the amount deducted therefrom, and on what account, and directing the payment of the balance; which warrant so issued shall be entered on the books of the treasurer, as for the amount the party was entitled to, but the balance only shall be paid. [L. 1851, p. 161, § 1.

13. SALE, ETC., NOT TO PREVENT SET OFF.] § 13. No sale, transfer or assignment of any claim or demand against the state, or right to a warrant on the treasurer, shall prevent or affect the right of the auditor to make the deduction and offset provided in the foregoing section. [L. 1851, p. 162, § 1.

14. LOST OR DESTROYED WARRANTS.] § 14. 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 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 autho rized 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 a bond in double the amount of the warrant, with two or more sufficient sureties, to be approved by the auditor, payable to the People of the State of Illinois, for the refunding of the amount, together with all costs and charges, should the state afterwards be compelled to pay the original warrant. [R. S. 1845, p. 79, § 16.

15. AUDITOR TO INSTITUTE SUITS, ETC.) § 15. 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. [R. S. 1845, p. 80, § 18.

16. SATISFACTION OF JUDGMENTS.] § 16. Any person who may desire to settle and pay over the amount due, after suit has been commenced and before execution has been issued, shall pay the same into the state treasury, and the auditor shall notify the clerk of the court where judgment was obtained of the fact, and such clerk shall indorse the judgment "satisfied." The sheriff or other officer who shall collect any funds due on execution in favor of the state, shall pay the same into the state treasury within one month after he has received said funds. Any such collection may be forwarded to the state treasurer, either by express or draft, as may be directed by the auditor. [L. 1849, p. 6, § 1.

17. ACCOUNTS. § 17. The auditor shall keep a correct record of all accounts by him audited, in books to be kept for that purpose. He shall, also, keep an account of all taxes or other moneys which may be due by any person to the state, and also an account of all amounts which may be paid into the state treasury. [R. S. 1845, p. 79, § 11.

18. BIENNIAL REPORT.] § 18. The auditor shall 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 warrants drawn on the treasury, stating, partic ularly, on what account they were drawn, and if drawn on the contingent fund, to whom and for what they were issued. He shall, also, at the same time, report to the governor the amount of money received into the treasury, stating, particularly, the source from which the same may be derived, and also a general account of all the business of his office. [R. S. 1845, p. 79, § 11.

19. SETTLEMENT WITH TREASURER.] § 19. The auditor shall credit the treasurer's account with the amount of canceled warrants returned to him, monthly, by the treasurer, and give him a receipt for the same, and shall enter the date of cancellation of such canceled warrants in his warrant book. [R. S. 1845, p. 79, § 14.

20. COUNTERSIGN RECEIPTS FOR MONEY.] § 20. The auditor shall countersign all receipts for moneys issued by the treasurer, and charge the treasurer with the amount thereof.

21. EMPLOYEE OF TREASURER NOT TO BE EMPLOYED BY AUDITOR.] § 21. No person shall be employed as clerk in the auditor's office, who is, at the same time, employed in any capacity in the treasurer's office. [R. S. 1845, p. 80, § 17. [§ 22, repeal, omitted. See "Statutes," ch. 131, § 5.]