same to be posecuted. Suit may be instituted and prosecuted thereon to final judgment against the auditor or his sureties, or one or more of them, jointly or severally, without first establishing the liability of the auditor by obtaining judgment against him alone. [R. S. 1845, p. 78, § 6.

6. Seal-copies of records-books of account- evidence. § 6. The auditor shall keep an official seal, which shall be used to authenticate all writings, papers, documents and accounts required by law to be certified from his office; and copies of all records, [*176] writings, papers and documents legally in his keeping, when certified by him and authenticated by his official seal, shall be received in evidence in the same manner and with like effect as the originals; and all books of accounts with collectors and other officers and persons with whom it is the duty of the auditor to keep accounts, and certified copies thereof, and statements therefrom, authenticated by the auditor under his official seal, shall be prima facie evidence of the correctness of such accounts and statements, and of the amount due thereon to the State.

[As amended by act approved and in force July 10, 1875. L. 1875, P. 39, §6; R. S. 1845, p. 78, §4; Morgan County Bank v. People, 21 Ill. 304; Jackson v. Berner, 48

Ill. 203.

7. Duties of auditor. § 7. It shall be the duty of the auditor at all times to keep the accounts of the State with any State or territory, and with the United States with all public officers, corporations and individuals, having accounts with this State; he shall audit all accounts of public officers who are to be paid out of the State treasury, of the members of the legislature, and all persons authorized to receive money out of the treasury, by virtue of any appropriation made or to be made by law particularly authorizing such account. [R. S. 1845, p. 78, $7.

8. To draw warrants. § 8. On ascertaining the amount due any person from the treasury, the auditor shall grant his warrant on the treasury for the sum due.

[R. S. 1845, p. 78, §8; People v. Hatch, 33 Ill. 9.

9. Record of warrants. § 9. He shall keep a fair record of all warrants by him drawn, numbering the same, in a book to be kept for that purpose. [R. S. 1845, p. 78, § 8.

10. Auditor to sign warrants, etc. 10. The auditor shall, in all cases, personally sign all warrants for money on the treasury of the State, and all other papers necessary and proper for the auditor to sign. [R. S. 1845, p. 78, § 9.

11. Warrants presented to be countersigned. § 11. In all cases where warrants for money are issued by the auditor upon the State treasurer, the said warrants, before they are delivered to the person for whose benefit the same are drawn, shall be presented by the auditor to the State treasurer, to be countersigned by the treasurer. [R. S. 1845, p. 78, § 10.

12. Set-off. 12. Whenever any person shall be entitled to a warrant on the treasurer, on any account whatever, against whom there shall be any account or claim in favor of the State, then due and payable, the auditor of public accounts shall ascertain the amount due and payable to the State, as aforesaid, and issue a warrant on the treasurer, stating the amount for which the party was entitled to a warrant, the amount de

ducted therefrom, and on what account, and directing the payment of the balance; which warrant so issued shall be entered on the books of the treasurer, as for the amount the party was entitled to, but the balance only shall be paid. [L. 1851, p. 161, § I.

13. Sale, etc., not to prevent set-off. § 13. No sale, transfer or assignment of any claim or demand against the State, or right to a warrant on the treasurer, shall prevent or affect the right of the auditor to make the deduction and offset provided in the foregoing section. [L. 1851, p. 162, § I.

14. Lost or destroyed warrants. § 14. If any auditor's warrant shall be lost, mislaid or destroyed, so that the same cannot be presented for payment by the person entitled thereto, it shall be lawful for the auditor, at any time before such warrant shall be paid at the treasury, to issue a duplicate warrant to the person having so lost any warrant as aforesaid, on such person filing with the auditor an affidavit, in writing, sworn before some justice of the peace or judge, stating the loss or destruction of any such warrant, and the auditor shall immediately certify the same to the treasurer, who shall thereby be authorized to pay any such duplicate warrant; Provided, if any such warrant shall be, at the time of such loss or destruction (which fact shall be ascertained by the oath of the party making such application, or otherwise), negotiable, then, before such certificate shall be given by the auditor, such person shall give him a bond in double the amount of the warrant, with two or more sufficient sureties, to be approved by the auditor, payable to the people of the State of Illinois, for the refunding of the amount, together with all costs and charges, should the State afterward be compelled to pay the original warrant. [R. S. 1845, p. 79, § 16.

15. Auditor to institute suits, etc. 15. The auditor shall be deemed the proper officer to institute all suits, motions and other proceedings in law and equity, in which the State is plaintiff, except in cases otherwise provided by law. [R. S. 1845, p. 80, § 18.

16. Satisfaction of judgments. § 16. Any person who may desire to settle and pay over the amount due, after suit has [*177] been commenced and before execution has been issued, shall pay the same into the State treasury, and the auditor shall notify the clerk of the court where judgment was obtained of the fact, and such clerk shall indorse the judgment "satisfied." The sheriff or other officer who shall collect any funds due on execution in favor of the State, shall pay the same into the State treasury within one month after he has received said funds. Any such collection may be forwarded to the State treasurer, either by express or draft, as may be directed by the auditor. [L. 1849, p. 6, § I.

17. Accounts. § 17. The auditor shall keep a correct record of all accounts by him audited, in books to be kept for that purpose. He shall, also, keep an account of all taxes or other moneys which may be due by any person to the State, and also an account of all amounts which may be paid into the State treasury. [R. S. 1845, p. 79, § 11.

18. Biennial report. § 18. The auditor shall make out and present to the governor, at least ten days before each regular session of the general assembly, a report, showing the amount of warrants drawn

on the treasury, stating, particularly, on what account they were drawn, and if drawn on the contingent fund, to whom and for what they were issued. He shall, also, at the same time, report to the governor the amount of money received into the treasury, stating, particularly, the source from which the same may be derived, and also a general account of all the business of his office. [R. S. 1845, p. 79, II.

19. The auditor shall

19. Settlement with treasurer. credit the treasurer's account with the amount of canceled warrants returned to him, monthly, by the treasurer, and give him a receipt for the same, and shall enter the date of cancelation of such canceled warrants in his warrant book. [R. S. 1845, p. 79, 14. 20. Countersign receipts for money.

20. The auditor

shall countersign all receipts for moneys issued by the treasurer, and charge the treasurer with the amount thereof.

21. Employe of treasurer not to be employed by auditor. 21. No person shall be employed as clerk in the auditor's office, who is, at the same time, employed in any capacity in the treasurer's office. [R. S. 1845, p. 80, § 17.

[§ 22, repeal, omitted. See Statutes," ch. 131, § 5.

1. When defendant may be held to bail-affidavit, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any person shall be about to commence a suit in any court of record in this State, founded upon any specialty, bill or note, in writing, or on the judgment of any court, and in all actions of covenant and account, and actions on verbal contracts or assumpsits at law, if the plaintiff, or his agent or attorney, shall make an affidavit setting forth the cause of action, and the amount due the plaintiff, and facts showing that the defendant fraudulently contracted the debt, or incurred the obligation, respecting which the suit is about to be brought, or that he has concealed, assigned, removed or disposed of his property with intent to defraud such plaintiff; and shall present such affidavit to a judge of a court of record, or if there be no such judge in the county at the time, then to a master in chancery; and if such judge or master shall be satisfied that sufficient cause is shown to require bail, he shall indorse an order under his hand, on said affidavit, directing the clerk of the court in which suit is about to be brought to issue a capias ad respondendum, directed to the proper officer to execute, for the arrest of the defendant or defendants in such proposed action; and the judge or master shall, in such order, fix the amount of the bail; and upon the filing of such affidavit and order, it shall be the duty of the clerk to issue a capias and indorse thereon an order directing the sheriff or officer to whom such process is directed to hold the defendant to bail in the sum specified in such order, and the sheriff or officer serving such process shall take bail accordingly.

[Sec Const., art. 2, § 12; for bail before justices, see "Justices and Constables," ch. 79, § 22, seq. R. S. 1845, p. 80, § 2; In re Salisbury, 16 Ill. 350; Stafford v. Low, 20

Ill. 152; Gorton v. Frizzell, 20 111. 292; In re Smith, 16 Ill. 349; Tuttle v. Wilson, 24 Ill. 553; People v. Cotton, 14 Ill. 414; McKindley v. Rising, 28 Ill. 337; Wilson v. Nettleton, 12 Ill. 62.

2. In actions sounding in damages. § 2. In actions sounding merely in damages, where the same cannot be ascertained as aforesaid, the affidavit shall also set forth the nature and cause of the action, with the substantial or chief facts in relation thereto, and that the affiant verily believes that the benefit of whatever judgment may be obtained, [*179] will be in danger of being lost unless the defendant is held to bail, and if, upon examination thereof, the judge or master shall be satisfied that sufficient cause is shown to require bail, he shall make an order thereon, specifying in what amount the defendant shall be required to give bail, and like proceedings shall be had thereon as is provided in the foregoing section. The officer serving the process shall, in like manner, take bail.

[R. S. 1845, P. 80, 82; People v. Cotton, 14 Ill. 414; McKindley v. Rising, 28 Ill. 337; Wallis v. Keeney, 88 Ill. 371.

3. Bond of plaintiff. 3. The judge or officer ordering the issuing of such capias shall require bond of plaintiff in a penal sum of double the amount sued for, with security to be approved by the clerk issuing the writ, conditioned that the plaintiff shall prosecute the capias with effect, and without delay, and pay the defendant all costs and damages that may be sustained by the wrongful suing out such capias. no capias shall issue until such bond is approved and filed by such clerk. [Wallis v. Keeney, 88 Ill. 370; Burnap v. Wight, 14 Ill. 301; Casey v. Horton, 36 Ill. 234; Feazle v. Simpson, 1 Scam. 30; Lawrence v. Hagerman, 56 III. 68; Spaids v. Barrett, 57 Ill. 290.

And

4. Bail bond of defendant. 4. Where any writ shall have been issued from any court of record in this State whereon bail is required, the sheriff or other officer to whom the same may be directed shall take a bail bond to himself, with sufficient security, in the sum for which bail is required. And for the purpose of avoiding errors in the taking thereof, the conditions shall be substantially in the following form:

The condition of this obligation is such, that whereas A. B. has lately sued out of the court of the county of a certain writ of capias ad respondendum, in a certain plea of , against C. D., returnable to the next term of the said court, to be holden at on the day of next; Now. if the said C. D. shall be and appear at the said court, to be holden at on the day of next, and in case the said E. F. shall not be received as bail in the said action, shall put in good and sufficient bail, which shall be received by the plaintiff, or shall be adjudged sufficient by the court, or the said E. F., being accepted as bail, shall pay and satisfy the costs and condemnation money which may be rendered against the said C. D in the plea aforesaid, or surrender the body of the said C. D. in execution in case the said C. D shall not pay and satisfy the said costs and condemnation money, or surrender himself in execution when by law such surrender is required, then this obligation to be void; otherwise to remain in full force and effect.

Which bond, so taken, shall be returned with the writ, on or before the first day of the term of the court to which the writ is returnable. The officer making an arrest under the provisions of this act shall give