garnishee. as against the defendant in the attachment as though the attachment had been levied on personal property. Summons to § 13. When judgment is entered by a justice of the peace against a defendant in attachment, and any person has been summoned as garnishee in the case, it shall be the duty of the justice to issue a summons against the person so summoned, requiring him to appear before the justice at a time and place to be fixed in the summons, not less than five nor more than fifteen days from the date hereof, then and there to answer upon oath what amount he is indebted to the defendant in the attachment, or what property, choses in action, or effects belonging to the defendant, or in which he has any interest, or he had in his possession or power, at the time of serving the attachment. § 14. The further proceedings against garnishees shall be had in pursuance to the act on garnishments. § 15. The provisions of law governing attachments in courts of record, shall apply to attachments before justices of the peace, so far as the same are applicable and not inconsistent with the provisions which are especially applicable to the latter: Provided, this section shall not be construed to require of either party to file written pleadings in any attachment before a justice of the peace. 816. Exceptions to the bond taken by the constable shall be taken at or before the first hearing of the case after the same shall have been returned to the justice, but the hearing of such exceptions may be adjourned for the purpose of giving notice to the constable, or for other good cause. § 17. Appeals may be taken in cases of attachment before justices of the peace, in the same manner as in cases by summons before justices of the peace. § 18. Chapter eight of the Revised Statutes of 1845, entitled "Attachments before Justices," and all acts and parts of acts inconsistent herewith, are hereby repealed: Provided, this section shall not affect any suit pending or right existing at the time this act shall take effect. APPROVED February 9, 1872. ATTORNEYS. AN ACT in regard to attorneys-general and state's attorneys. SECTION 1. Be it enacted by the People of the State of In force July 1' .1872. Illinois, represented in the General Assembly, That before To be commisentering upon the respective duties of their offices, the at- sioned. torney-general and state's attorneys shall each be commissioned by the governor, and shall take the following oath or affirmation: Í do solemnly swear (or affirm, as the case may be,) that I will support the Oath. 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 Bond. of Illinois, with good and sufficient securities, to be approved by the governor, the attorney-general's bond to be in the sum of ten thousand dollars and each state's attorney's bond to be in the sum of five thousand dollars, each conditioned upon the faithful discharge of his duties and the paying over all moneys, as provided by law-which bonds shall be filed in the office of the secretary of state, and shall inure to and be for the benefit of the state, county, corporation or person injured by a breach of any of the conditions thereof, and the governor may, at any time when he deems it necessary, require a new bond or new or additional security to be given. If any attorney-general or state's attorney neglects, or refuses to give and file any such bond, or to take the oath or affirmation herein required, within sixty days after his election, his office shall be deemed vacant. ral. Duties of the 2. The duties of the attorney-general shall be: First-To appear for and represent the people of the attorney genestate 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. 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. Duties of the state's attorneys 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 administration 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. §3. The duties of each state's attorney shall be: First-To commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in his county, in which the people of the state or the 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. 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 high misdemeanor, 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. sence. §4. Whenever the attorney-general or any state's at- In cases of orney is sick, or absent, or unable to attend, or is interested sickness or abany cause or proceeding, 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; and the court may make an order allowing the attorney so appointed reasonable compensation for his services, a copy of which order shall be certified by the clerk of such court to the auditor of public accounts, who shall issue a warrant for the payment thereof to the attorney so appointed, and the amount of such warrant shall be deducted from the salary of the attorney-general or state's attorney whose duties have been performed as aforesaid. § 5. The following acts and parts of acts are hereby re- Acts repealed. pealed: Chapter twelve, of the Revised Statutes of 1845, entitled "Attorneys-general and circuit attorneys ;" an act entitled "An act to create the office of attorney-general, and Prescribing nis duties," approved February 27, 1867; and all other acts inconsistent with the provisions of this act; but the repeal of said acts shall not affect any of the attorneys now in office, or any rights or liabilities that have accrued when this act shall take effect. APPROVED March 22, 1872. AUDITOR OF PUBLIC ACCOUNTS. 1871. In force July 1, AN ACT defining the duties of the auditor of public accounts, under section one of "An act to fund and provide for paying railroad debts of counties, townships, cities and towns," in force April 16, 1869. Preamble. in equal proportions. WHEREAS the auditor of public accounts presents a practical difficulty in administering section one of "An act to fund and provide for paying railroad debts of counties, townships, cities and towns," in force April sixteenth, one thousand eight hundred and sixty-nine, in making a lawful and equitable distribution of the funds created under said act, between townships, cities or towns and counties, where such townships and cities or towns are located in the same county, and each of such corporations, including the county, are entitled to the benefits arising under said act; therefore, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenAuditor to dis- ever the valuations of property, as shown by the assessment tribute the tax returns of two or more corporations, embrace the same surplus valuation, the auditor of public accounts, in determining the amount due by virtue of said act of April sixteenth, one thousand eight hundred and sixty-nine, to the county, the township, the city or town, shall distribute the tax on such surplus valuation in equal proportions between such corporations, that is to say: should the valuation of the county show a surplus of three thousand dollars, the township a surplus of three thousand dollars, the town or city a surplus of three thousand dollars, each shall be entitled to the proportion of one thousand dollars. Any excess of such surplus valuation in either of said corporations, and not embraced in the surplus valuation of either of the others, shall be apportioned to such corporation; or, if in either two of such corporations, and none in the third, such amount shall be equally divided between such two corporations. § 2. The tax on the property of railroads aided, approbe apportioned priated in section one of said act of April sixteenth, one thousand eight hundred and sixty-nine, shall be apportioned by the auditor between counties, townships, cities and towns in similar cases, in the same manner as the surplus tax is required to be apportioned by section one of this act: Provided, that the amount of surplus tax shall be deducted from the amount of state tax on the railroads aided, in each corporation, so that no county, township, city or town, shall receive both the surplus and railroad tax, or when the amount of surplus tax exceeds the amount of state tax on railroads aided, in any corporation, then, in such case, no Tax on railroad property to by auditor. |