AN ACT to revise the law in relation to county clerks. [Approved March 24, 1874. In force July 1, 1874.] 1. Oath. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each county clerk, before entering upon the duties of his office, shall take and subscribe the following oath, which shall be entered at large upon the records of his office. 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 county clerk of ing to the best of my ability. [L. 1849, p. 63, § 8. county, accord 2. Bond-form. § 2. Each county clerk shall, before entering upon the duties of his office, give bond in such penalty and with such security as the county board shall deem sufficient, which bond shall be substantially in the following form, and shall be recorded at large upon the records of his office, and when so recorded shall be deposited with the clerk of the circuit court for safe-keeping: Know all men by these presents, that we (A B), principal, and (CD), and (E F), sureties, all of the county of and State of Illinois, are held and firmly bound to the People of the State of Illinois, in the penal sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, each of us, our heirs, executors, and administrators, firmly by these presents. Signed with our hands and sealed with our seals. Dated at the day of 18 " The condition of the above bond is such, that if the above bounden (A. B.) shall perform all the duties which are or may be required by law to be performed by him as county clerk of the said county of in the time and manner prescribed or to be prescribed by law, and when he shall be succeeded in office, shall surrender and deliver over to his successor in office, all books, papers, moneys and other things belonging to said county, and appertaining to his said office, then the above bond to be void; otherwise to remain in force. Signed, sealed and delivered in the presence of (G. [L. 1849, p. 63, § 8. A. B. [SEAL.] 3. Commission. § 3. County clerks shall be commissioned by the governor. 4. Office at court-house. 4. The county clerk shall keep his office at the court-house of his county, or at such other place as may be provided for him by the authorities of such county at the county seat. [L. 1849, p. 63, § 8. 5. Seal. § 5. He shall be keeper of the seal of the county, which shall be used by him in all cases where he is required to use an official seal. [L. 1849, p. 63, § 5. 6. Deputies. §6. He may appoint deputies, who shall take and subscribe the same oath for the discharge of their duties as is required of him, which shall be entered of record in his office. [L. 1853, p. 257, §1; R. S. 1845, p. 395, § 6. 7. Principal clerk responsible. § 7. The principal clerk shall in all cases be responsible for the acts of his deputies. [*322] [R. S. 1845, p. 395, § 7. 8. Pro tem. clerk in case of vacancy. § 8. Whenever a vacancy occurs in the office of any county clerk and the unexpired term exceeds one year, the county board of the county shall immediately appoint a clerk pro tempore, who shall qualify by giving bond and taking the oath as required of the county clerk, and shall thereupon perform all the duties and be entitled to all the emoluments and be subject to all the penalties appertaining to the office of county clerk until the successor of such clerk is elected or appointed and qualified. [See "Elections," ch. 46,133; L. 1849, p. 64, § 10. 9. Custody of records. §9. The county clerk shall have the care and custody of all the records, books and papers appertaining to and filed or deposited in their respective offices, and the same shall be open to the inspection of all persons without reward. [L. 1861, p. 238, § 12. 10. General duties. § 10. The duties of the county clerk shall be Ist. To act as clerk of the county board of his county and to keep an accurate record of the proceedings of said board, file and preserve all bills of account acted upon by the board, and when any account is allowed or disallowed, he shall note that fact thereon, and when a part of any account is allowed he shall note particularly the items allowed. 2d. To keep a book in which he shall enter the number, date and amount of each order upon the county treasurer, and the name of the person in whose favor the same is drawn, and when such order is canceled, he shall note the date of cancellation opposite such entry. 3d. Before any such order is delivered to the person for whose benefit it is drawn, the county clerk shall present the same to the county treasurer, who shall personally countersign the same. 4th. To keep a book, in which shall be entered in alphabetical order, by name of the principal, a minute of all official bonds filed in his office, giving the name of the office, amount and date of bond, names of sureties and date of filing, with such reference to the number or other desig. nation of the bond, that the same may be easily found. 5th. To keep proper alphabetical indexes of all records and papers in his office. 6th. To give any person requiring the same, and paying the lawful fees therefor, a copy of any record, paper or account in his office. 7th. Such other duties as are or may be required by law. [L. 1861, p. 237, § 10; p. 238, §13; R. S. 1845, P. 136, § 46; Mix v. People, 72 Ill 241; Clark Co. v. Lawrence, 63 Ill. 32; Garvin v. Wiswell, 83 Ill. 215. 1. Oath. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each county treasurer, before entering upon the duties of his office, shall take and subscribe, and file with the county clerk, 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 treasurer of the county of according to the best of my ability. [R. S. 1845, p. 137, § 2. 2. Bond-form of. 2. Each county treasurer, before he enters upon the duties of his office, shall also execute a bond in such penalty and with such security as the county board shall deem sufficient, which bond shall be in substance in the following form, to wit: Know all men by these presents, that we (A B, principal, and (C D and E F), sureties, all of the county of and State of Illinois, are held and firmly bound to the people of the State of Illinois, in the penal sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, each of us, our heirs, executors, and administrators, firmly by these presents. Signed with our hands and sealed with our seals. Dated at the day of 18 The condition of the above bond is such, that if the above bounden (A B) shall perform all the duties which are or may be required by law to be performed by him, as treasurer of the said county of in the time and manner prescribed or to be prescribed by law, and when he shall be succeeded in office, shall surrender and deliver over to his successor in office all books, papers, moneys, and other things belonging to said county, and appertaining to his said office, then the above bond to be void; otherwise to remain in full force. Signed, sealed and delivered in the presence of (G H) A B, [SEAL.] C D. [SEAL.] Which bond shall be filed with the county clerk on or before the first Monday of December after such election. [R. S. 1845, P. 137, § 3; Morley v. Town of Metamora, 78 Ill. 394; Gage v. Chicago, Brad. 332. 3. Commission. sioned by the governor. 3. The county treasurer shall be commis. 4. Duties of treasurer. 4. The county treasurer shall receive and safely keep the revenues and other public moneys of the county, and all money and funds authorized by law to be paid to him, and disburse the same pursuant to law. [L. 1861, p. 239. § 4; Berry v. Hanby, 1 Scam. 468; Prickett v. People, 88 Ill. 119. 5. Accounts to be kept. 5. Every county treasurer shall keep proper books of account, in which he shall keep a regular, just and true account of all moneys, revenues and funds received by him, stating particularly the kind of funds received, whether in gold, silver, [*324] county orders, jury certificates, auditor's warrants, or other funds authorized by law to be received as revenue, the time when, of whom, and on what account each particular sum in money or other funds was received; and also of all moneys, revenues and funds paid out by him agreeably to law, stating particularly the time when, to whom, and on what account payment is made. [See "Revenue," ch. 120, §§ 290, 291; R. S. 1845, p. 138, SS 4, 5; L. 1861, p. 239, § 5. 6. Free to inspection. 6. Said books of account shall be free to the inspection of all persons wishing to examine the same. [R. S. 1845, p. 138, 5. 7. County orders countersigned, etc. record. $ 7. When any county order is presented to him to be countersigned, the county treasurer shall personally countersign the same, and shall also enter in a book, to be kept by him for that purpose, its number, date and amount, and the name of the person to whom the same is payable, and when any such order is paid, he shall cancel the same, and note the fact opposite such entry. [R. S. 1845, p. 136, § 46. 8. Orders to be filled up and authorized. §8. The county treasurer shall not countersign any county order before the same is filled up, nor until he shall have examined the records of the county board, and ascertained that the issuing of such order is warranted thereby. [R. S. 1845, p. 136, § 47. 9. When money may be paid. §9. No money or funds shall be paid out of any county treasury, except in accordance with an order of the county board, or when payment is specifically authorized by law to be made. [R. S. 1845, p. 138, § 6. 10. Report to county board. 10. The county treasurer of each county shall report to the county board, at each regular term thereof, the amount of money, county orders, jury certificates, and other funds he may have received from every source, since his last accounting, stating by whom, on what account and at what time paid into the treasury; and also the amount of all payments from the treasury, stating particularly to whom, on what account, and at what time paid out; also the amount of money, county orders, jury certificates and other funds in his hands. [R. S. 1845, p. 138, $ 7, 11. Report to be filed-free to inspection. § 11. Said reports shall be filed and preserved in the office of the county clerk, and be free to the inspection of any person wishing to examine the same. [R. S. 1845, p. 138, § 8. |