An act further defining the duties of Attorney General and for other purposes.
sect. [Section]1. Be it enacted by the people of the State of Illinois represented in the General assembly, that the Circuit Court of sangamon County shall have original jurisdiction in all causes, suits, and motions against every person
or persons, body politic or corporate, in the state, in which the state shall be the party plaintiff or complainant, whether such causes, suits & motions
grow out of contracts express or implied or out of torts of any nature and description
whatever affecting the interests and welfare of the state.
sec. 2. Be it further enacted that all such suits, motions, causes & proceedings
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shall hereafter be instituted and prosecuted in the name of the people of the state
of Illinois.
sec 3. Be it further enacted that ^writs^ of ne exeat, capias, attachment ^replevin^ and injunction may issue in the causes suits and proceedings aforesaid on behalf
of the state as in cases provided for by Law between individuals, and such writs shall issue in
all instances upon the official statement in writing of the Attorney General, which
statement shall conform to the Law applying to the issuing of those writs in other
cases, only dispensing with the oath or affidavit of the Attorney General.
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sec. 4. The state shall in no case be required to give bond and security as is required of individuals
in sueing out such writs as aforesaid.
sec 5. It shall be the duty of all sheriffs and coroners throughout the state to obey the suits aforesaid and serve the same in their respective Counties, and whenever
any person or persons, ^
shall be in
^ by virtue by virtue of any such writs of capias or ne exeat, shall be required to give bail or enter into bond or recognizance to appear at the Court aforesaid, as in other cases provided for by Law, in default of giving bail or entering
into bond or recognizance, such person or persons shall be imprisoned in the County
where arrested and there
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detained until such person or persons shall be discharged by giving bail or entering
into bond or recognizance, or otherwise discharged according to Law. And in case such
person or persons shall not be discharged from custody, the sheriff or coroner having
such person or persons in custody shall deliver him, her, or them before the Court aforesaid, at the return day of any such writ.
sec 6. Any person or persons, body politic or corporate, against whom any such suit,
cause, or motion as aforesaid shall be instituted and prosecuted shall recover judgment
for costs which shall be paid by the state, and for which the Clerk
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of said Court shall certify the amount to the auditor who shall issue his warrant
therefor, in the event that such cause, motion, or proceeding shall be determined
or adjudged against the state.
sec. 6.1 It shall be the duty of the Governor, secretary of state, auditor, Treasurer, and
Fund commissioner to give immediate notice to the Attorney General of any delinquency
or default of any person or persons, body politic or corporate, in any matter relating
to the public interests, and it shall be the duty of the Attorney General to proceed
forthwith against such person or persons, body politic or corporate, in the most efficient
manner
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allowed by Law.
sec. 7. 2 It shall be the duty of the Attorney General to enforce the penalties of the criminal
code against all persons who may be liable to prosecution for embezzlement, or any
delinquency, or default pertaining to the public revenue in his district. and the
Attorney General shall give information and directions to the different states attorneys
of such offences within their respective districts and if necessary the attorney General
shall aid such states attorneys as may require him to do so in the prosecution of
such offences as aforesaid.
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sec. 8. 3 In all such suits, causes, & motions, ^and prosecutions^ as aforesaid the official statement in writing of the Governor Secretary of state,
auditor Treasurer, & Fund commissioner of any fact within the Legitimate powers &
duties of
[...?]
such officers respectively shall be deemed and taken as evidence for and against
the state.
sec 94 All subpoenas, summonses, executions, & other legal process in said suits, motions
& causes, shall issue & be directed to any County in the state & be served as in other cases provided for by Law.
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sec 10.5 This act shall not be considered as repealing any other act or Law of this state,
but the same shall be deemed a cumulative remedy in the enforcement of public justice.
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A Bill for an act further defining the duties of the Attorney General and for other
purposes.
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[02]/[20]/[1841]
[02]/[20]/[1841]
read 1
do 2
do 2
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laid on table
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42
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12
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[02]/[24]/[1841]
[02]/[24]/[1841]
[recommend?] its passage
Handwritten Document, 8 page(s), Folder 398, SB 217, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,