the bond fund of such county, township, city, town, school district or other municipal corporation, it shall be the duty of the auditor of public accounts, on receipt of certified copy of resolution as provided for in section two of this act, to draw his warrant upon the State treasurer for the amount of said balance, who is hereby authorized to pay same out of the proper fund.

*39. Certified copy of resolution to be filed. § 2. Before any warrant can be drawn for balance in State treasury to the credit of the bond fund of any county, township, city, town, school district or other municipal corporation, it will be necessary for the corporate authorities of such county, township, city, town, school district or other municipal corporation, to pass a resolution requesting the auditor of public accounts to issue his warrant upon State treasurer for the amount of said balance, payable to the order of the proper custodian of funds of said county, township, city, town, school district or other municipal corporation, who shall be named in said resolution, and to have a certified copy of same furnished said auditor.

*40. Emergency. § 3. (Omitted.)

AN ACT making provision for the refunding of surplus funds that are now, or hereafter may be, in the State treasury to the credit of the bond funds of counties, townships, cities, towns, school districts and other municipal corporations having bonds registered in the office of the auditor of public accounts when such bonds have been paid and canceled, or when bonds purporting to have been issued by any county, township, city, town, school district or other municipal corporation, and registered in the office of the auditor aforesaid shall be held void or the law under which such bonds purport to have been issued shall be held void by the supreme court of this State or the supreme court of the United States. [Approved and in force June 10, 1885. L. 1885, P.

*41. Registered bonds - payment of surplus funds. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever all the bonds of any county, township, city, town, school district, or other municipal corporation, that may have been registered in pursuance of law, in the office of the auditor of public accounts, have been paid, and canceled upon the records of said Auditor and there remains in the State treasury after said payment, any balance to the credit of the bond fund of such county, township, city, town, school district, or other municipal corporation, it shall be the duty of the auditor of public accounts, on receipt of copy of resolution as provided for in section three of this act, to draw his warrant upon the State treasurer for the amount of said balance, who is hereby authorized to pay the same out of the proper fund.

*42. When bonds held void copy of resolution before warrant drawn. 2. Whenever the supreme court of this State or the supreme court of the United States shall hold any bonds void purporting to be issued by any county, township, city, town, school district or other municipal corporation registered in pursuance of law in the office of the auditor of public accounts, or whenever the act under which such bonds purport to have been issued shall be held to be void by the supreme court of this State or the supreme court of the United States, and there remains in the State treasury a balance of funds to the credit of the bond fund of such county, township, city, town, school district, or other municipal corporation purporting to have issued said

bonds and there are no other valid bonds issued by such county, township, city, town, school district, or other municipal corporation registered in the office of the auditor of public accounts in pursuance of law to which said balance of funds may be applied, it shall be the duty of the auditor on receipt of a certified copy of resolution provided for in section three of this act to draw his warrant upon the State treasurer for the amount of said balance who is hereby authorized to pay the same out of the proper fund.

*43. City, etc., to pass resolution before warrant drawn. 3. Before any warrant shall be drawn on the State treasurer as provided in sections one and two of this act for any balance to the credit of the bond fund of any county, township, city, town, school district, or other municipal corporation, to which such balance is due, such county, township, city, town, school district, or other municipal corporation, shall by its proper corporate authorities pass a resolution requesting the auditor of public accounts to issue his warrant upon the State treasurer for the amount of such balance, payable to the proper custodian of the funds of such county, township, city, town, school district, or other municipal corporation, which said resolution shall contain the name of such proper custodian, and a certified copy of the same shall be furnished said auditor: Provided, that in towns under township organization the board of town auditors is hereby authorized to pass the resolution herein provided for, and the auditor of public accounts, upon a receipt of a certified copy of such resolution, may draw his warrant on the State treasurer for such balance in favor of the proper custodian of such fund.

*44. Refusal of auditor to draw warrant — mandamus. 4. In all cases where the auditor of public accounts shall refuse to draw his warrant on the State treasurer, as provided in sections one and two of this act, the county, township, city, town, school district, or other municipal corporation having funds to the credit of its bond fund in the State treasury, may, after serving said auditor with a certified copy of resolution provided for in section three of this act, file its petition in any court of competent jurisdiction for mandamus to compel said auditor to draw his warrant on the State treasurer for such balance, and such proceedings may thereupon be had and taken on such petition as is now provided, or may hereafter be provided, to be had and taken in proceedings on petitions for mandamus under the laws of this State. *45. Emergency. 5. WHEREAS, large sums of money are now idle in the State treasury, which ought to be paid back to the municipalities to whose credit the same stands, and there is at present no provision of law for such payment, therefore an emergency exists, and this act shall take effect and be in force from and after its passage.