certificate, specifying the number of copies of said reports, which shall have been delivered to him; and on presentation of said certificate to the auditor of public accounts, he shall issue his warrant upon the treasury for such an amount as said volumes shall amount to, at the price for which said books shall be sold to individuals: Provided, Said price shall not exceed the ordinary price of law books of the same description, to be determined by the auditor, treasurer and secretary of State. SEC. 25. The supreme court shall have power, from time time, by general rules, to establish, modify, alter and amend the practice in the said court, in matters not provided for by statute.

SEC. 26. Each justice of the supreme court shall receive a yearly salary of fifteen hundred dollars, payable quarterly out of the public treasury.

SEC. 27. When any of the said judges shall die, resign, remove from the State, become incompetent or be removed from office, during the session of the General Assembly, his successor shall be chosen as provided in article four of the constitution; if such vacancy occur or exist during a recess of the General Assembly, it shall be filled by appointment of the Governor; the person so appointed to continue in office until the close of the ensuing session of the General Assembly, and until his successor shall be appointed and qualified.

SEC. 28. If there shall be no judge attending in any county, on the first day of any term, the court shall stand adjourned from day to day until a judge shall attend, if that should happen before the hour of four o'clock in the afternoon of the second day; but if no judge shall have attended before that time, the court shall stand adjourned until the next succeeding term.

SEC. 29. The chief justice and the associate justices of the supreme court, shall be required to reside in the circuits assigned them respectively; and the said circuit courts shall be holden at the respective court houses of said counties, and the said judges respectively, in their respective circuits shall have jurisdiction over all matters and suits at common law and in chancery, arising in each of the counties in their respective circuits, where the debt or demand shall exceed twenty dollars.

SEC. 30. The said judges shall be conservators of the peace, and the said courts in term time, and the judges thereof in vacation, shall have power to award throughout the State, and returnable in the proper county, writs of injunction, ne exeat, habeas corpus, and all other writs and process, that may be necessary to the due execution of the powers with which they are or may be vested.

SEC. 31. The said courts shall respectively have power and authority to hear and determine all cases of treason and other felony, crimes and misdemeanors of whatever kind, that may be committed within any county or place within their respective circuits, and that may be brought before them, by any rules and regulations provided by law.

SEC. 32. All suits brought in the said circuit courts shall be tried in the counties in which they originated, unless in cases that are or may be specially provided for by law.

SEC. 33. The clerks appointed by the said circuit courts, or by the judges thereof in each county, shall, before they enter upon the duties of their offices, respectively take an oath, to support the constitution of the United States, and of this State, and also the following oath of office, before one of the judges of the said circuit courts, or some justice of the peace in this State: "I, A. B., being appointed clerk of the circuit court for county, do solemnly swear, (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court; and that I will faithfully and impartially dis

charge and perform all the duties of my said office, according to the best of my abilities and understanding, according to law." A certificate whereof, with the appointment, shall be entered on the records of the court at the first term of the court after the same shall be done.

SEC. 34. The clerk of each circuit court shall, at the first term of the said court held in his county after he shall be appointed, enter into bond to the governor of the State, and to his successors in office, for the use of the people of the State of Illinois, with one or more securities to be approved by the court, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of his office, and to deliver up the papers, books, records and proceedings appertaining thereto, whole, safe and undefaced, when lawfully required so to do; which bond, so executed, shall be transmitted to the office of the secretary of State, and filed therein.

SEC. 35. The clerks of the respective circuit courts, shall keep their offices at the county seats of their respective counties; they shall make, keep and preserve, complete records of all the proceedings and determinations of the courts, of which they are clerks, except in cases otherwise provided by law, and do and perform all other duties pertaining to their said offices, as may be required by law, or the rules and orders of their courts respectively.

SEC. 36. The clerks of the circuit courts shall be entitled to such fees and compensation for their services as shall be allowed by law, or by order of court. SEC. 37. The clerk of any circuit court may be removed from office by the judge of said court, for any neglect of duty, incompetency, misconduct in office, or any other cause which may be satisfactory to said court; the reasons for such removal to be entered at large upon the records of said court. The official bond of such clerk shall not be affected by such removal, but shall remain in full force, for the satisfaction of any breach of its conditions.

SEC. 38. It shall be the duty of every clerk of the circuit court, hereafter to be appointed to succeed another, to demand of his predecessor, or the person in whose possession they may be, all the books, papers and proceedings appertaining to the circuit court of which he shall be appointed clerk: and the said predecessor or person in whose possession the same may be, shall, on such application and demand, deliver them up to the person so appointed; and should any person herein required to give up the books, papers and proceedings as aforesaid, refuse so to do on such application and demand, the proper circuit court shall have power to use such compulsory process, and take such measures as may be necessary to coerce the delivery as aforesaid, according to the true intent and meaning hereof.

SEC. 39. The judges shall annually examine into the condition of the office of every clerk of the circuit court in their respective circuits, and make such order thereon as circumstances may require.

SEC. 40. The clerks of the circuit courts may issue process in all cases arising therein; which process shall bear teste in the name of, and be signed by such clerks respectively, and dated on the days on which they issue, and be made returnable according to law; and all process issuing from the said circuit courts, shall be sealed with the judicial seal which shall be provided for that purpose; but in case there shall not be a judicial seal, the clerk shall affix his private seal until a public one shall be provided.

SEC. 41. The chief justice, and the associate justices of the supreme court, may interchange and hold each other's circuit courts as often as they may agree to do the same, and may award writs of habeas corpus, ne exeat, certiorari and injunction,

and may grant orders to stay proceedings, which said writs and orders shall run, and have force, in each other's circuits; and such acts, writs and orders shall have the same effect, and be obeyed in the same manner, as if the said acts, orders and writs were done, granted and sued by the proper justice or judge of the circuit.

SEC. 42. Should the chief justice or either of the associate justices fail to attend in any county, in their respective circuits, on the day appointed for commencing the term of the circuit court therein, as required by law, the court shall stand adjourned until the next day, and should the judge not attend by four o'clock in the afternoon of the second day of the term, the court shall stand adjourned until the next succeeding term of the court; and all suits, writs, process, indictments, recognizances and other proceedings, shall stand continued over until the next term of the court, as effectually as if the same had been continued by the order of the court.

SEC. 43. The said judges in their respective circuits, may, at any regular term of the court in any county, make an order appointing a time for holding a special term of the court, for hearing and deciding chancery causes, and shall have power at such special terms, to hear and decide all causes, matters and things depending in chancery in such courts; and all proceedings had, and all orders, decrees and judgments made at such special term, shall have the same validity as if had or made at a regular term appointed by law. The said judges shall also have power at any regular term of a circuit court in any county, to make an order appointing a time for holding a special term of such court, for the trial of civil and criminal causes; and suits may be instituted, and process made returnable to such special term in the same manner, and with like effect as at a regular term of such court; and the county commissioners of such county, shall select and cause to be summoned a grand and petit jury, to attend the special term appointed for the trial of civil and criminal cases; and the court shall have power at such special term to try all civil and criminal cases; and all orders, judgments and proceedings made and had at such special term, shall be as valid and effectual, as if made or had at a regular term of the court.

SEC. 44. If any judge of the circuit court shall be interested in any suit or proceeding in his circuit, it shall be his duty to cause all the papers relating to such suit or proceeding, and a transcript of the record, if necessary, to be transmitted to the most convenient county in the next adjoining circuit, as in case of a change of venue; and the judge of the circuit, to which such cause shall be transferred, shall proceed therein, in all respects, as if the same had been originally instituted in his circuit.

SEC. 45. Whenever any person shall be in the custody of the sheriff of any county, charged with a capital crime, or any felony, or other offence, punishable by confinement in the penitentiary, it shall be the duty of such sheriff, provided such person shall desire a trial, to give information thereof, in writing, to the judge presiding in the circuit, or in the case of his absence or disability, to the next circuit judge nearest to the county where the offence is charged to have been committed, whose duty it shall be to issue a precept, under his hand and seal, to the sheriff of such county, to summon twenty-three grand jurors, and twenty-four petit jurors, to attend at the seat of justice of said county on a day therein mentioned, which shall not be less than fifteen nor more than thirty days from the date of said precept.

SEC. 46. It shall be the duty of the sheriff, on receiving the precept aforesaid, to give notice by advertisement, set up at the seat of justice of his county, at least ten days before the return of such precept, of the time of holding a special term of

the circuit court, in pursuance of this chapter; and it shall be the duty of the circuit judge, either personally or in writing, to notify the attorney prosecuting for the State in such county, of the time and place of holding court in pursuance of this chapter; but the want of such advertisement by the sheriff, or notice by the judge, shall not be construed to invalidate the authority of the court, or to render its proceedings void or erroneous; but in case of such omission, the precept aforesaid shall be considered as legal notice of the time and place of holding such court; and the sheriff, for omitting to advertise in manner aforesaid, may be fined at the discretion of the court, in a sum not exceeding five hundred dollars: Frovided, That there shall be no such special term of the circuit court, where a regular term of said court will be held within forty days of the time of receiving such notice as aforesaid, by the judges from the sheriff, but in all such cases the person shall wait until the regular term for his trial.

SEC. 47. The said circuit court, when met in pursuance of this chapter, shall have authority to adjourn to any day which may be adjudged reasonable and expedient, for the fair and impartial trial of any such person, who may be indicted before it, and in case the requisite number of grand and petit jurors shall not attend at the time and place specified in such precept, or the number of petit jurors be reduced by challenge below the number of twelve, the court may order the sheriff to complete the pannel of the grand or petit jury from the bystanders, or award a venire de novo for a grand or petit jury, as the case may require.

SEC. 48. Any process which may be issued by any of the clerks of the said circuit courts, or any judge thereof, in pursuance of law, shall be executed by the officer or person to whom the same shall be directed, in any county or place in this State, in the same manner that process usually is, or may be required to be executed and returned; and the said circuit courts shall respectively have power to punish all contempts offered by any person or persons to them, while sitting as such, at any regular or special term as aforesaid; and for disobeying any of its process, rules or orders, issued or made conformably to law.

SEC. 49. The clerks of the several circuit courts may issue subpoenas for witnesses to any county in this State.

SEC. 50. The circuit judges of the several judicial circuits of this State, shall have power in vacation, and they are required to appoint a special term of the court in any of the counties comprising their respective circuits, whenever it may be necessary for the prompt and efficient administration of justice; and whenever any special court shall be held, the clerk of said court shall give the sheriff of said county notice in writing at least twenty days before said court is to be held, who shall summon a grand and petit jury, to attend at the court house on the day appointed for holding said court, and said sheriff shall put up notices of the time of holding such court, in at least five of the most public places in said county, and all process which may have been made returnable to the regular term, shall be deemed in law returnable to the said special term appointed as aforesaid.

SEC. 51. The circuit court of Sangamon county shall have original jurisdiction in all causes, suits and motions, against every person or persons, body politic or corporate in this State, in which the State shall be a party, plaintiff or complainant, whether such causes, suits and motions grow out of contracts express or implied, or out of torts of any nature or description whatever, affecting the interest or welfare of the State.

SEC. 52. All such suits, motions, causes and proceedings shall hereafter be instituted and prosecuted in the name of the People of the State of Illinois.

SEC. 53. Writs of ne exeat, capias, attachment and injunction may issue in the causes, suits and proceedings aforesaid on behalf of the State, as in cases provided for by law between individuals, and such writs shall issue in all instances upon the official statement in writing of the attorney general, which statement shall conform to the law applying to the issuing of those writs in other cases, only dispensing with the oath or affidavit of the attorney general.

SEC. 54. The State shall in no case be required to give bond and security as is required of individuals in sueing out such writs as aforesaid.

SEC. 55. It shall be the duty of the sheriffs and coroners throughout the State to obey the writs aforesaid, and serve the same in their respective counties; and whenever any person or persons by virtue of any such writs of capias or ne exeat, shall be required to give bail or enter into bond or recognizance, for his, her or their appearance at the court aforesaid, as in other cases provided for by law: in default of giving bail, or entering into bond or recognizance, such person or persons shall be imprisoned in the county where he, she or they may be arrested, and there detained until he, she or they shall give such bail, or enter into such bond or recognizance, or be otherwise discharged by law; and in case he, she or they shall not be discharged from custody, the sheriff or coroner having him, her or them in custody, shall surrender him, her or them before the said court at the return day of such writ.

SEC. 56. Any person or persons, body politic or corporate, against whom any such suit, cause, motion or proceeding as aforesaid, shall be instituted and prosecuted, shall recover payment for his, her or their costs, which shall be paid by the State, and for which the clerk of said court shall certify the same to the auditor, and the auditor of public accounts shall issue his warrant for the same on the treasurer, in the event that such cause, suit, motion or proceeding shall be determined or disposed of against the State.

SEC. 57. It shall be the duty of the governor, secretary of State, treasurer, auditor and fund commissioner, to give immediate notice to the attorney general, of any delinquency or default of any person or persons, body politic or corporate, in any matter relating to the public revenue and public interests, growing out of contracts or torts as aforesaid, and it shall be the duty of the attorney general to proceed forthwith against such person or persons, body politic or corporate, in the most efficient manner allowed by law.

Srq. 58. It shall be the duty of the attorney general to enforce the penalties of the criminal code against all persons who may embezzle the public money, or who may be liable to prosecution for any delinquency or default pertaining to the public revenue in his district; and it shall be the further duty of the attorney general to give information and directions and instructions to the prosecuting attorneys of the State, of any such offences as above in other parts of the State out of his district, so that prosecutions may be instituted against such offenders.

SEC. 59. In all such suits, causes, motions and proceedings as aforesaid, the official statement of the governor, secretary of State, auditor, treasurer and fund commissioner, of any fact or facts, properly within the legitimate powers and duties of such officers, respectively, shall be deemed and taken as evidence for and against the State, as the case may be.

SEC. 60. All subpoenas, summonses, executions and other legal process in said suits, causes, motions and proceedings, shall issue and be directed to any county in the State, and be served as in other cases provided for by law; and the fees of the