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2. Oath. 2. He shall before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5, of the constitution; which shall be filed in the office of the secretary of State.

3. Additional bond. § 3. Whenever the governor shall deem any bond filed by the treasurer insufficient, he may require additional bond, in any penalty not exceeding that specified in section I hereof. [R. S. 1845, p. 78, § 5.

4. Failure to give bond or take oath. § 4. If any person elected to the office of treasurer shall fail to give bond or take the oath required of him, within ten days after he is declared elected, the office shall be deemed vacant, and if the treasurer, being required to give additional bond, as provided in section 3 hereof, fails to do so within twenty days after notice of such requirement, his office may, in the discretion of the governor, be declared vacant, and filled as provided by law. [See "Elections," ch. 46, 125, 128. R. S. 1845, p. 78. SS 3. 5.

5. Seal-copies of records, etc., evidence. § 5. The treasurer shall keep an official seal, which shall be used to authenticate all writings, papers and documents, required by law to be certified from his office; and copies of all records, 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. [R. S. 1845, p. 78, § 4.

6. Suit on bond. § 6. Whenever the condition of the bond of the treasurer is broken, it shall be the duty of the governor to order the same to be prosecuted. Suit may be instituted and prosecuted thereon to final judgment against the treasurer or his sureties, or one or more

[*1010] of them, jointly or severally, without first establishing the liability of the treasurer, by obtaining judgment against him alone. [See Practice," ch. 110, § 21. R. S. 1845, p. 78, § 6.

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7. Treasurer to keep revenues, etc. § 7. The State treasurer shall receive the revenues and all other public moneys of the State, and all moneys authorized by law to be paid to him, and safely keep the same. [R. S. 1845, p. 79. $13.

8. How money paid into treasury. § 8. All persons paying money into the State treasury shall first obtain from the auditor an order, directing the treasurer to receive the same; and if the treasurer shall receive and receipt for any money, without such order being presented to him, he shall be removed from office. When moneys are sent to the treasury, by express or otherwise, it shall be the treasurer's duty to obtain the auditor's order, hereinbefore required, before receipting therefor. 9. Duplicate receipts. 9. The treasurer shall, on the receipt of any money, give the person paying the same duplicate receipts therefor; which shall be presented to the auditor, who shall countersign and return one of them to the person presenting the same, and retain the other on file in his office, and charge the amount thereof against the treasurer. No receipt shall be of any validity unless the same is so countersigned.

10. Warrant. § 10. The treasurer shall not pay out of the treas ury any money, except upon the warrant of the auditor. [R. S. 1845, p. 79. $ 13.

11. Countersigning and entering warrant. § 11. When any warrant is presented to him to be countersigned, or for payment, the treasurer shall personally countersign the same, and shall also enter in a book, to be kept for that purpose by him, the date, amount and name of the person to whom the same is made payable. [R. S. 1845, p. 78, § 10. 12. Accounts. § 12. He shall keep regular and fair accounts of all moneys received and paid out by him, stating, particularly, on what account each amount is received or paid out. [R. S. 1845, p. 79, § 13.

13. Canceling warrant. 13. On the payment of any warrant, the treasurer shall cancel the same with a canceling hammer, or some proper canceling instrument, which will cut or perforate the paper. [L. 1845, p. 569, § 1; R. S. 1845, p. 79, $ 14.

14. Monthly settlements with auditor. 14. He shall, at the close of each month, report to the auditor the amount of money received and paid out by him during the month, stating on what account the same was received and paid; and shall, at the same time, deposit with the auditor all warrants, properly canceled, which he may have paid, and take the auditor's receipt for the same. [R. S. 1845, p. 79, § 14.

15. Biennial report. § 15. He shall also make out and present to the governor, at least ten days before each regular session of the general assembly, a full report of all moneys by him received and paid out, and also a general account of all the business of his office. [R. S. 1845. p. 79, § 13.

16. Death of treasurer. § 16. In case of the death of the treasurer, it shall be the duty of the governor to take possession of the office of such treasurer, and cause the vaults thereof to be closed and securely locked, and so remain until a successor is appointed and qualified; and at the time such successor takes possession of the office, he, together with the auditor of public accounts and any of the bondmen of the deceased treasurer who shall be present, shall proceed to take an account of all the moneys, papers, books, records and other property coming into his possession; and the auditor shall take of such succeeding treasurer his receipt therefor, and keep the same on file in his office. §17, repeal, omitted. See "Statutes," ch. 131, § 5.

AN ACT to provide security for bonds in the State treasury. [Approved May 25, 1877. In force July 1, 1877. L. 1877, p. 210.]

*17. Bonds-how indorsed. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Every United States or other bond now in the State treasury, or that may here. after come into the treasury, shall immediately be indorsed with the words following, viz.; "Property of the State of Illinois, not transferable by the treasurer, without the consent of the governor indorsed thereon."

*18. Repeal. § 2. All acts, and parts of acts, inconsistent here. with, are hereby repealed.

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CONSTRUCTION OF STATUTES.

AN ACT to revise the law in relation to the construction of the statutes. [Approved March 5, 1874. In force July 1, 1874.]

1. General rules. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in the construction of all statutes now in force, or which may hereafter be enacted, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislature or repugnant to the context of the same statute, that is to say:

First-All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the legislature may be fully carried out.

Second-Words in the present tense include the future.

Third-Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular.

[People v. Aurora, 84 Ill. 160.

Fourth-Words importing the masculine gender may be applied to

females.

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Fifth-The word " person or "persons," as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals.

Sixth-The words insane person" and "lunatic" shall include every idiot, non compos, lunatic, insane or distracted person; and the word "spendthrift" shall include every person who is liable to be put under guardianship on account of excessive drinking, gaming, idleness or debauchery.

Seventh-The words "county board" shall apply to the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and to the board of commissioners in Cook county.

Eighth-The terms "sheriff," "coroner," "constable," "clerk," or other words used for an executive or ministerial officer, may include any

deputy or other person performing the dutie" of such officer, either gen. erally or in special cases; and the words "county clerk" shall be held to include clerk of the county court, and the words "clerk of the county court" to include "county clerk."

Ninth-Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons.

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Tenth-The word "month" shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone, shall be equivalent to the expression year of our Lord." Eleventh-The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday, and then it also shall be excluded.

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Twelfth-The word oath" shall be deemed to include an affirmation, and the word sworn shall be construed to include the word "affirmed."

Thirteenth-The word "wills" includes codicils.

Fourteenth-The word State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States " may be construed to include the said district and territories.

Fifteenth-The words "written" and "in writing" may include printing and any other mode of representing words and letters; but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, his proper mark.

Sixteenth-The word "highway," "road" or "street" may include any road laid out by the authority of the United States, or of this State, or of any town or county of this State, and all bridges upon the same. Seventeenth-The word "heretofore" shall mean any time previous to the day on which the statute takes effect; and the word "hereafter," at any time after such day.

Eighteenth-The term "laws now in force," and words of similar import, shall mean the laws in force at the time the act containing the words shall take effect.

Nineteenth-The term "court" includes justices of the peace as well as all courts of record.

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[R. S 1845. P. 472, 88 25, 27, 28, 29, 30, 31, 32, 33, 34; P. 473, §§. 35. 36; Freese v. Tripps, 70 Ill. 496; Martin v. Judd, 81 Ill. 488; Kane v. Footh, 70 Ill. 587 Fowler v. Pirkins, 77 Ill. 271; Spring v. Collector, etc., 78 Ill. 102; Cadwallader v. Harris, 76 Ill. 370; People v. Institute of Protestant, etc., 71 Ill 233; Castner v. Walrod, 83 Ill. 172; Chestnutwood v. Hood, 68 Ill. 132; Rothgerber v. DuPuy, 64 Ill. 452.

2. Construction of revised acts. § 2. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new

enactment.

[Roth v. Eppy, 8o Ill. 285: Hart v. People, 89 Ill. 411.

3. Repeal of repealing act not to revive. §3. No act or part of an act repealed by the general assembly shall be deemed to be revived by the repeal of the repealing act. [R. S. 1845, P. 472, § 26; Const., art. 4, 13.

4. Rights, etc., saved-criminal cases. 4. No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding. If any penalty, forfeiture or punishment be mitigated by any provisions of a new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This section shall extend to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision upon the same subject or in any other act.

[Sec § 6. R. S. 1845, P. 473, 88 38, 39, 40, 41; Farmer v. People, 77 Ill. 322; Roth v. Eppy, 80 III. 283; Walker v. People, 84 Ill. 60; Hume v. Gossett, 43 I. 297; Town of Ottawa v La Salle, 12 Ill. 339; Bruce v. Schuyler, 4 Gilm, 221; Board, etc. v. Campbell, 42 Ill. 490; Rawson v. Rawson, 52 Ill. 63; People v. Barr, 44 Ill. 198; Sullivan v. People, 15 Ill. 233; Dingman v. People, 51 Iй, 277: County, etc., v. Brown, 13 Ill. 207; Kelly v. People, 29 Ill. 287; Musick v. People, 40 Ill. 273; Chicago v. Rumpff, 45 Ill. 91; Bacon v. Wood, 2 Scam. 265; Raplee v. Morgan, 2 Scam. 561; Edwards v. Hill, 11 Ill. 23; Conway v. Cable, 37 Ill. 82; Marsh v. Chestnut, 14 Ill. 223; Thompson v. Alexander, 11 Ill. 54; Parmelee v. Lawrence, 48 I. 331 Drake v. Latham, so Ill. 270; Chicago etc.. R. R. Co. v. Dunn, sa Ill. 260; Jackson v. Warren, 32 Ill. 331; Drake y. Phillips, 40 Ill. 388; Hall v. Byrne, 1 Scam. 140: Maus v. L. P. & B. R. R. Co., 27 Ill. 77; Holbrook v. Nichol, 36 II. 161; Schuyler Co. v. Mercer Co., 4 Gilm. 24; Board, etc. v. Young, 31 Ill. 197 Burns y. Henderson, 20 Ill. 264; Wheeler v. Chicago, 24 Ill. 105; Turney v. Wilton, 36 Ill. 385; Tyler v. Tyler, 19 Ill. 155; Rigg v. Wilton, 13 Ill. 15; Campbell v. Quinlin, 3 Scam. 289; People v. Herr, 81 l. 125; County of Menard v. Kincaid, 71 I. 587; Wilson v. O. & M. Ry. Co., 64 Ill. 543; Card v. McCaleb, 69 Ill. 314; Harding v. R. R. 1. & St. L. R. R. Co., 65 Ill. 98; Munson v. Crawford, 65 I. 186; Perteet v. People, 65 I. 233; Andrews v. People, 75 Ill. 605; Culver v. Third Nat. Bk., 64 Ill. 528; Covington v. East St. Louis, 78 f. 548; Spring v. Collector, of Olney, 78 Ill. 102; Mullen v. People, 31 Ill. 444.

REPEALING ACT.

AN ACT to repeal certain acts therein named. [Approved March 31, 1874. In force July 1, 1874.]

5. Acts repealed. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following acts and parts of acts are hereby repealed.†

6. Rights saved. § 2. The repeal of the acts and parts of acts mentioned in the preceding section shall not affect suits pending or rights existing at the time this act takes effect, and as to all [*1046] corporations, municipal or private, heretofore formed

+ This section which merely repeals a large number of laws enacted from 1833 to 1873, inclusive, is omitted.

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