Page images
PDF
EPUB
[blocks in formation]

1. WHEN ADDITIONAL OR NEW BONDS MAY BE REQUIRED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all public officers who are compelled to give official bonds may be required by the court, officer, or board, whose duty it is to take or approve such bonds, to give additional surety or new bonds whenever the security of the original bond has become insufficient by the subsequent insolvency, death, or removal of the sureties, or any of them, or when for any cause any such bond shall be deemed insufficient. Any officer failing to give bond when required, pursuant to this section, within ten days after he is notified in writing of such request, shall be deemed to have vacated his office.

2. BONDS OF STATE OFFICERS, ETC.-GOVERNOR TO EXAMINE, ETC.] § 2. It shall be the duty of the governor, on or before the first day of January and July in each year, and at such other times as in his opinion the interests of the state demands it, to examine and inquire into the sufficiency of the official bonds of the secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney general, canal commissioners, commissioners of the penitentiary, and all other state officers or agents whose bonds are filed with the secretary of state; and whenever he shall find any bond insufficient, he shall require sufficient bond to be filed.

3. BONDS FILED WITH CIRCUIT CLERKS-JUDGE TO EXAMINE, ETC. § 3. It shall be the duty of the judge of the circuit court of each county, except of the county of Cook, and of the chief justice of said court in Cook county, at the first term of said courts after the first day of January and July in each year, on the first day of the term, in open court, to examine and inquire into the sufficiency of all official bonds required by law to be filed in the offices of the clerks of their respective courts. [R. S. 1845, p. 396, § 1.

4. BONDS FILED WITH COUNTY CLERK OR CLERK OF COUNTY CourtJUDGE TO EXAMINE, ETC.] § 4. It shall be the duty of the judge of the county court of each county, at the terms of said court to be held in the months of January and July of each year, on the first day of the term, in open court, to examine and inquire into the sufficiency of all official bonds required by law to be filed in the office of the county clerk or of the clerk of the county court, including bonds of executors, administrators, guardians and conservators. [R. S. 1845, p. 396, § 2; p. 397, § 3.

5. RECORD TO BE MADE.] § 5. It shall be the duty of the said judges to cause to be entered upon the records of their respective courts, at the times herein before prescribed for the making of such examinations, that an examination and inquiry into the sufficiency of the official bonds within their cognizance has been made, and that they are severally deemed sufficient, or insufficient, as the facts may justify. [R. S. 1845, p. 397, § 5.

6. INTERESTED PARTIES MAY APPEAR ON EXAMINATION, ETC.] § 6. Any person having any pecuniary interest in the sufficiency of the official bond of any of the officers herein before referred to may appear before the governor or the court, as the case may be, at the time of the examination of official bonds, and make suggestions in relation to the sufficiency of any such bond, and offer any legal evidence tending to show the same to be insufficient, and any officer whose bond is being examined may also appear and introduce any legal evidence tending to show the sufficiency of his official bond. [R. S. 1845, p. 397, § 4.

7. SUMMONS TO SHOW CAUSE.] §7. If, upon any examination by either of said judges, he is of opinion that for any reason the bond of any officer is insufficient, he shall cause to be issued from his court a summons to such officer to appear before said court on a day fixed therein, to show cause why he should not be required to give a new bond with sufficient surety. [R. S. 1845, p. 396, § 1, 2; p. 397, § 3.

8. WHEN NEW BOND TO BE REQUIRED.] § 8. If such officer fails to satisfy the court that his official bond is sufficient, the court shall require him, within such time as it shall direct, not exceeding thirty days, to give a new bond, with sufficient sureties, to be approved in the same manner as the bonds of such officers are required by law to be approved. [R. S. 1845, p. 396, § 1, 2; p. 397, § 3.

9. FAILURE TO GIVE NEW BOND-VACANCY.] § 9. If any such officer fails to give such new bond within the time prescribed, he shall be deemed to have vacated his office, and the vacancy shall be filled as required by law. [R. S. 1845, p. 397, § 6.

10. RELEASE OF SURETIIS] § 10. When a surety upon the official bond of any state officer or agent, county, town, city, village, incorporated town or other public officer, or the heir, executor or administrator of such surety, desires to be released from such bond, he may give notice in writing to the officer upon whose bond he is surety that he desires to be so released, and that such officer give a new bond with sufficient sureties within ten days after receiving such notice, and may within five days after the service of such notice deliver a copy of the same, with an affidavit showing the time and manner of service, to the court, officer, or board authorized to approve the bonds of such officers. And if such officer shall not within ten days after receiving such notice, or within such further time, not exceeding twenty days, as the court, officer or board shall allow, give a new bond with sufficient ecurity, approved as required by law, his office shall become vacant, and the vacancy shall be filled as provided by law. [R. S. 1845, p. 397, §7; p. 398, § 8, 9, 10.

11. EFFECT OF NEW BOND.] § 11. If a new bond shall be given by any officer, as provided in the foregoing sections of this act, then the former sureties shall be entirely released and discharged from all liabilities incurred by any such officer in consequence of business which may have come to hand from and after the time of the approval of the said new bond, and the sureties to the new bond are hereby declared to be liable for all the official delinquencies of said officer, whether of omission or commission, which may occur after the approval of the new bond as aforesaid; but the provisions of this act shall not be so construed as to operate as a release of the sureties of any of the aforesaid officers, for liabilities incurred previous to the filing of a new bond, as required in the foregoing sections of this act. [R. S. 1845, p. 398, § 11; p. 399, § 15.

12. WHEN EFFECTS TO BE DELIVERED TO SURETIES.] § 12. It shall be the duty of such officer, if he shall fail to give bond as provided for in this act, forthwith to deliver over to his sureties all books, moneys, vouchers, papers, and

every description of property whatever pertaining to his office, and the said sureties may, at any time after said failure to file said bond, maintain an action of replevin, or other appropriate action, to recover such property, money or effects from their said principal. [R. S. 1845, p. 398, § 13.

13. SUIT ON BOND-EXECUTORS, ETC.] § 13. Whenever the condition of the bond of any public officer shall be violated, suit may be instituted on such bond, and prosecuted to final judgment against such officer, and any or all of the sureties, or against one or more of them, jointly and severally, without first estab lishing the liability of the principal by obtaining judgment against him alone. The provisions of this section shall extend to the official bonds of executors, administrators, guardians and conservators, and in suits thereon it shall not be necessary to a recovery that a devastavit should have previously been established against the principal. [See "Practice," ch. 110, § 21. R. S. 1845, p. 399, § 16.

14. EXECUTION-LIEN.] § 14. Execution may issue on any judgment so rendered as in ordinary cases, but the officer executing the same shall not levy upon the property of the sureties until he shall fail to find sufficient property of the principal to satisfy such execution: Provided, however, the judgment and execution shall be a lien upon the property of the sureties as in ordinary cases, [R. S. 1845, p. 399, § 17.

[blocks in formation]

AN ACT to revise the law in relation to oil inspection. [Approved March 12, 1874. In force July 1, 1874.] 1. APPOINTMENT OF INSPECTORS-TERM OF OFFICE-DEPUTIES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the mayor of any city, with the approval of the city council, and the board of trustees of any village or town may, and on the petition of any five inhabitants thereof shall appoint one or more inspectors for the inspection of coal oil, naptha, gasoline, benzine and other mineral oils or fluids, the product of petroleum, and fix their compensation, to be paid by the party requiring their services. Every such inspector shall hold his office for one year and until his successor is appointed and qualified, unless sooner removed from office. He may appoint deputies, for whom he shall be responsible, and who shall take the same oath and be liable to the same penalties as the inspector. [L. 1871-2, p. 566, § 1, 2; L. 1869, p. 259, § 1, 2.

2. OATH-BOND-SUIT ON.] § 2. Every such inspector, before entering upon the duties of his office, shall take and subscribe the following oath:

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 oil inspector, according to the best of my ability.

He shall also execute a bond payable to the People of the State, in such sum as shall be required by the city council or board of trustees, with one or more sureties, to be approved by the mayor or president of the board of trustees, conditioned for the faithful discharge of the duties of his office. Any person aggrieved by the misconduct or neglect of such inspector may maintain suit thereon for his own use. [L. 1871–2, p. 566, § 2; L. 1869, p. 259, § 2.

3. INSPECTOR TO TEST.] § 3. Upon the application of any manufacturer, refiner or producer of, or any dealer in, any such oil or fluid, or of any officer or person to test any such oil or fluid, such inspector shall test the same with all reasonable dispatch by applying the fire test, as indicated and determined by J. Tagliabue's pyrometer, or some other instrument or means equally accurate, with which he shall have provided himself at his own expense. [L. 1871-2, p. 566, § 2; L. 1869, p. 259, § 2.

4. TEST-CASKS MARKED-INSPECTOR NOT TO TRADE IN OIL.] § 4. If the oils or fluids so tested will not ignite or explode at a temperature less than one hundred and fifty degrees Fahrenheit, the inspector shall mark, plainly and indelibly, on each cask, barrel or package "Approved, fire test being......" but if said oils or fluids will ignite at a temperature less than one hundred and fifty degrees Fahrenheit, as aforesaid, then the inspector shall mark on each cask, barrel or package "Condemned for illuminating purposes; fire-test being......." Said inspector, while in office, shall not buy, sell, bargain or trade, directly or indirectly, in any of the said oils or fluids. [L. 1871-2, p. 566, § 2; L. 1869, p. 259, § 2.

5. RECORD KEPT, AND OPEN TO EXAMINATION.] § 5. He shall also, within twenty-four hours after making any inspection, make a full and fair entry thereof in a record book to be kept for that purpose, which shall be open to all persons wishing to examine the same. [L. 1871-2, p. 566, § 2; L. 1869, p. 259, § 2.

6. PENALTY FOR MISCONDUCT IN OFFICE.] § 6. Any such inspector or deputy who shall falsely brand any package, cask or barrel, or be guilty of any fraud, deceit, misconduct or culpable negligence in the performance of any of his official duties, shall be fined not exceeding $200, and be liable to the party injured for all damages occasioned thereby. [L. 1871-2, p. 566, § 2; L. 1869, p. 259, § 2. 7. PENALTY FOR NEGLECT TO GIVE NOTICE OF, OR SELLING OIL NOT INSPECTED COUNTERFEIT BRANDS, ETC.] § 7. Any manufacturer, refiner or producer of, or any dealer in coal oil, naptha, gasoline, benzine, or other mineral oil or fluid, the product of petroleum, in any city, village or town in which such in spector is appointed, who shall neglect to give notice to such inspector, of any such oil or fluid in his possession not already inspected by some authorized inspector of this state, within two days after the same is made or refined by him or received into his possession, or shall offer any such oil or fluid for sale before the same has been so inspected, or shall sell or attempt to sell to any person, for illu minating purposes, any such oil which is below the approved standard-that is, having igniting point less than one hundred and fifty degrees Fahrenheit, as indicated and determined in the manner herein provided, or shall use any package, cask, barrel or other thing having the inspection brand thereon, the oil or fluid therein not having been inspected, or shall counterfeit any brand, shall be fined not exceeding $200 and be liable to the party injured for all damages occasioned thereby, and all the casks, barrels or packages so falsely used, and their contents, shall be forfeited, and may be seized and sold. [L. 1871-2, p. 567, § 3, 4; L. 1869, p. 260, § 3, 4.

8. FINES, HOW RECOVERED AND DISPOSED OF.] § 8. The fines herein provided may be recovered in the name of the People of the State of Illinois, before any justice of the peace of the county where the offense is committed, and when collected, one-half shall be paid to the informer, and the other half and the proceeds of the sale of all casks, barrels and packages, and the contents thereof seized, as herein provided, shall be paid into the city, village or town treasury. [L. 1871-2, p. 567, § 4; p. 568, § 6. L. 1869, p. 260, § 4; p. 261, § 6.

« PreviousContinue »