AN ACT to revise the law in relation to official bonds. [Approved March 13, 1874. In force July 1, 1874.] 1. When additional or new bonds may be required. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all official bonds required by law to be given by any public officer, or public employe, including executors, administrators, guardians and conservators, in this State, shall be signed and sealed by any said officer, employe, executor, administrator, guardian or conservator and his securities, and acknowledged before some officer authorized by law to take acknowledgments of instruments under seal, which said acknowledgments shall be substantially in the following form: STATE OF hereby certify that who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. , A. D. Given under my hand and seal, this day of . Which acknowledgment shall be deemed and taken as prima facie evidence that the instrument was signed, sealed and acknowledged in the manner therein set forth, and such acknowledgments shall have the same force and effect as evidence in all legal proceedings, as that given to acknowledgments of deeds of conveyance of real estate. That all public officers or employes 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 or employe failing to give bond when required, pursuant to this section, within ten days after he is notified in writing of such request, [As amended by act shall be deemed to have vacated his office. approved May 31, 1879. In force July 1, 1879. L. 1879, p. 60. 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 the 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 § 4. It shall be the duty of the court judge to examine, etc. 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. Ş. 1845, p. 396, § 2; p. 397, § 3. cause 5. Record to be made. § 5. It shall be the duty of the said [*729] judges to to be entered upon the records of their respective courts, at the time hereinbefore 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 hereinbefore 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. If, upon any examination 7. Summons to show cause. 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, 88 1, z; p. 397, § 3; Hibbard v. McKindley, 28 Ill. 240; Todd v. Cowell, 14 Ill. 72; Governor v. Lagow, 43 Ill. 142; Neil v. Morgan, 28 III. 524. 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 bends of such officers are required by law to be approved. [R. S. 1845, p. 396, 88 1, 2; p. 397, § 3; McElhanon v. Washington Co., 54 III. 163. 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 sureties. § 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 security, 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; Rudesill v. Jefferson Co., 85 Ill. 446. 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 liabili ties 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. 393, § 11; p. 399, § 15; Rudesill v. Jefferson Co., 85 III. 446. 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, [*730] 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 establishing 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, 821; R. S. 1845, p. 399, § 16; Tucker v. People, 87 Ill. 78; Freudenstein v. McNeir, 81 Ill. 208; Governor v. Dodd, 81 III. 162; Ladd v. Board, etc., 80 Ill. 233; Morely v. Town of M., 78 Ill. 394; People v. Miller, 1 Scam. 83; People v. Allen, 86 Ill. 166; McLain v. Moore, 85 Ill. 205; Rudesill y. Jefferson Co., 85 IN. 446. 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. RELEASE OF SURETIES OF GUARDIANS-CONSERVATORS AND TRUSTEES. AN ACT to provide for releasing sureties on the bonds of guardians, conservators of idiots or insane persons, or trustees of any fund or property appointed by any court. [Approved May 11, 1877. In force July 1, 1877. L. 1877, p. 142.] *15. Petition-notice-account-new bond-discharge. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any surety on the bond of any guardian, conservator of any idiot or insane person, or the trustee of any fund or property appointed by any court, or the heir, executor or administrator of such surety, desires to be released from further liability upon any such bond, he may petition the court in which said bond is filed, for that purpose, and upon notice being given to such guardian, conservator or trustee in such manner as the court may direct, the court shall compel such guardian, conservator or trustee, within a reasonable time to be fixed by the court, to appear and settle his accounts and file in such court a new bond with such penalty and security as may be approved by the court, which being done, the surety may be discharged from all liability on such bond. *16. Order-removal-appointment-successor-suitdischarge. § 2. If such guardian, conservator or trustee shall fail to comply with such order within the time fixed by the court, the court shall order that such person shall be removed from his office or position and appoint some other fit person as guardian, conservator or trustee in his stead, who shall give a bond as required by law; and in case of the failure of the former guardian, conservator or trustee to settle his accounts and to pay over or deliver to the person so appointed all moneys, effects, property or choses in action in his hands by reason of his said office or position, then such successor shall proceed to collect the same by suit against such guardian, conservator or trustee or by suit upon his bond, and upon collection thereof, such surety shall be discharged. *17. To what bonds act applies. 3. This act shall apply to all such bonds now in existence as well as to those hereafter entered into, but nothing herein contained shall be construed to release or in any way impair the liability of any surety on such bond until a new bond is filed. AN ACT requiring county officers, who may continue in office after the time for the qualification of their successors, to give additional bonds. [Approved May 28, 1881. In force July 1, 1881. L. 1881, p. 62. *18. Continuing in office-new bond. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any county officer, who has been heretofore elected to any office in any county in this State, shall, for any cause, continue in office after the time for which he was elected, such officer so continuing in office shall execute a new official bond in the same manner, of the same character, with the same conditions and penalties and like securities as now required by law of such officer before entering upon the duties of his office. Should any county officer fail, neglect or refuse to execute such new bond, as above provided, within thirty days after the expiration of the time for which he was elected, the county board of such county may declare such office vacant. The liabilities of the principal and securities of any such bond shall continue during the continuance of such officer in office; but neither the execution of such bond nor the failure to execute the same shall be held to in any wise release or extinguish the liabilities of such officer or his securities on any bond executed by them before the execution of such new bond. 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. SEC. I. The judge of the county court of any county for town. ships outside of incorporated cities, towns and villages, 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, naphtha, 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 He may successor is appointed and qualified, unless sooner removed from office. 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. [As amended by act approved June 17, 1887. In force July 1, 1887. L. 1887, p. 242. 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. |