Papers Of Abraham Lincoln

In force, Feb.[February] 26, 1841.

An ACT further defining the duties of the Attorney General, and for other purposes.
1

Jurisdiction of Sangamon circuit court in State suits.

Sec.[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

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causes, suits and motions grow out of contracts express or implied, or out of torts of any nature or description whatever, affecting the interest or welfare of the State.

Suits how instituted.

Sec. 2. Be it further enacted, That all such suits, motions, causes and proceedings shall hereafter be instituted and prosecuted in the name of the People of the State of Illinois.

Writs of ne-exeat may issue.

Sec. 3. Be it further enacted, That writs of ne-exeat, capias, attachment 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.

State not required to give bond in suits.

Sec. 4. Be it further enacted, That the State shall in no case be required to give bond and security as is required of individuals in suing out such writs as aforesaid.

Duty of officers throughout the State.

Sec. 5. Be it further enacted, That it shall be the duty of the sheriffs and coroners throughout the State to obey the writs aforesaid, and serve the same in their respective counties, and whenever any person or persons by virtue of any such writs of capias or ne-exeat, shall be required to give bail or enter into bond or recognizance, for his, her or their appearance 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 he, she or they may be arrested, and there detained until he, she or they shall give such bail, or enter into such bond or recognizance, or be otherwise discharged by law; and in case he, she or they shall not be discharged from custody, the sheriff or coroner having him, her or them in custody, shall surrender him, her or them before the said court at the return day of such writ.

Judgments against State how paid.

Sec. 6. Be it further enacted, That any person or persons, body politic or corporate, against whom any such suit, cause, motion or proceeding as aforesaid shall be instituted and prosecuted, shall recover payment for his, her or their costs, which shall be paid by the State, and for which the clerk of said court shall certify the same to the Auditor, and the Auditor of Public Accounts shall issue his warrant for the same on the Treasurer, in the event that such cause, suit, motion or proceeding shall be determined or disposed of against the State.

State officers to notify Attorney General of delinquents.

Attorney General to proceed against.

Sec. 7. Be it further enacted, That it shall be the duty of the Governor, Secretary of State, Treasurer, Auditor 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 revenue and public interests, growing out of contracts or torts as aforesaid, and it shall be the duty of the

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Attorney General to proceed forthwith against such person or persons, body politic or corporate, in the most efficient manner allowed by law.

Further duty of Attorney General.

Sec. 8. Be it further enacted, That it shall be the duty of the Attorney General to enforce the penalties of the criminal code against all persons who have or may embezzle the public money, or who may be liable to prosecution for any delinquency or default pertaining to the public revenue in his district, and it shall be the further duty of the Attorney General to give information, and directions, and instructions to the prosecuting attorneys of the State, of any such offences as above in other parts of the State out of his district, so that prosecutions may be instituted against such offenders.

Official statement of State officers deemed evidence.

Sec. 9. Be it further enacted, That in all such suits, causes, motions and proceedings as aforesaid, the official statement of the Governor, Secretary of State, Auditor, Treasurer, and Fund Commissioner, of any fact or facts, properly within the legitimate powers and duties of such officers, respectively, shall be deemed and taken as evidence for and against the State, as the case may be.

Process may issue to any county in the State.

Fees of officers.

Sec. 10. Be it further enacted, That all subpoenas, summonses, executions and other legal process in said suits, causes, motions and proceedings, shall issue and be directed to any county in the State, and be served as in other cases provided for by law; and the fees of the clerks, witnesses, sheriffs, coroners and other officers, shall be the same as in other cases.

Causes how docketed.

Proviso.

Sec. 11. Be it further enacted, That the causes, motions, suits and proceedings aforesaid, shall be docketed in the court aforesaid, and tried and disposed of as other cases: Provided, That said court shall not have exclusive jurisdiction of such causes, motions and suits, but only concurrent jurisdiction with the other circuit courts of the State, where the defendant or defendants in said causes, motions and suits may happen to reside or be found.

Interest of State not repealed by this act.

Sec. 12. Be it further enacted, That this act shall not be construed as repealing any other act or law of this State relating to the interests of the State, but the same shall be considered a cumulative remedy in the enforcement of public justice.

Process of supreme and circuit courts how served.

Sec. 13. The sheriff or coronor of the proper county shall hereafter serve and return all writs and process issuing out of the supreme and circuit courts, unless otherwise provided for by law.

Approved, February 26, 1841.

1On January 19, 1841, Speaker Stinson H. Anderson laid before the Senate a report from Attorney General Josiah Lamborn, recommending the passage of certain laws. The Senate referred the report to the Committee on the Judiciary. In response to this report, James H. Ralston of the Committee on the Judiciary introduced SB 17 in the Senate on February 20. The Senate referred the bill back to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on February 24, recommending its passage, and the Senate passed it without amendment. The House of Representatives concurred on February 25. On February 26, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives, of the Twelfth General Assembly of the State of Illinois, At Their Second Session, Begun and Held in the City of Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 487, 507; Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At Their Second Session, Begun and Held in the City of the Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 181, 362, 384, 411, 412, 415.