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stamp his approval thereon. If deemed necessary all such accounts must be verified by affidavit touching the correctness of same before some person authorized to administer oaths, and the auditor is hereby authorized to administer oaths.

SECTION 16. Bids shall be hereafter asked for all supplies of stationery, books, blanks, records and other supplies for the various officers for which the county is required to pay, and the purchase made from the lowest bidder, after filing said bid with the auditor for record.

SECTION 17. He shall not audit or approve any claim against the county unless the same has been contracted as provided by law, nor any account for the purchase of supplies, or material for the use of said county or any of its officers, unless in addition to other requirements of law, there is attached thereto a requisition signed by the officer ordering same and approved by the county judge, which said requisition must be made out and signed and approved in triplicate by the said officers, the triplicate to remain with the officer desiring the purchase, the duplicate to be filed with the county auditor, and the original to be delivered to the party from whom said purchase is to be made before any purchase shall be made. Supplies of every kind, road and bridge material, or any other material, for the use of said county or any of its officers, departments or institutions must be purchased on competitive bids, the contract to be awarded to the party who, in the judgment of the commissioners court, has submitted the lowest and best bid. It shall be the duty of the county auditor to advertise for a period of two weeks in at least one daily newspaper published and circulated in the county for such supplies and material according to specifications giving in detail what is needed. Such advertisement shall state where the specifications are to be found, and shall give time and place for receiving such bids. All such competitive bids shall be kept on file by the county auditor as a part of the records of his office and shall be subject to inspection by any one desiring to see them. Copies of all bids received shall be furnished by the county auditor to the county judge and to the commissioners court, and when the bids. received are not satisfactory to the said judge, or county commissioners, it shall be the duty of the county auditor to reject said bids and readvertise for new bids; provided, that in cases of emergency, purchases not in excess of fifty dollars may be made upon requisition to be approved by the commissioners court, without advertising for competitive bids.

SECTION 18. The auditor may at any time appoint an assistant to act in his stead and who may discharge the duties of the auditor during his absence or unavoidable detention. Said appointment to be made with the consent of the county judge, who shall require said assistant to take the usual oath of office for faithful performance of duty.

SECTION 19. Whenever an auditor appointed under the provisions of this act has been sufficiently proven guilty of official misconduct or has proven to be incompetent to faithfully discharge the duties required of him, he may, after due investigation by the same power which appointed him, be removed and his successor appointed as provided in Section 3 of this act.

SECTION 20. The provisions of this act are cumulative, and where conflicting with any existing law, this act is to be in force. Where the pro

visions of this act provide for like duties of the ones now required of the county clerk, this act is to prevail and to such an extent only is the county clerk relieved of his duties. All other laws and parts of laws in conflict with this act are hereby repealed.

SECTION 21. The fact that there is now no law providing for a county auditor, and the very great need and urgency for an effective law on this subject, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and this bill be put upon its third reading and final passage, and that this act take effect and be in force from after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 24, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 98, nays 0.]

Approved April 22, 1905.

Became a law April 22, 1905.

WARRANTS OF ARREST-AMENDMENT RELATING TO.

H. B. No. 287.]

CHAPTER 162.

An Act to amend Article 258, and Article 259 of the Code of Criminal Procedure, relating to warrants of arrest, issued by magistrates and district and county clerks, and to repeal all laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 258 of the Code of Criminal Procedure of the State of Texas, be amended so as to hereafter read as follows:

Article 258. That a warrant of arrest issued by any county or district clerk, or by any magistrate (except County Commissioners or Commissioners' Courts, Mayors or Recorders of an incorporated city or town), shall extend to any part of the State, and any peace officer to whom said warrant is directed or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.

SECTION 2. That Article 259 of the Code of Criminal Procedure of the State of Texas be amended so as to hereafter read as follows:

Article 259. When a warrant of arrest is issued by any County Commisioner or Commissioners Court, Mayor or Recorder of an incorporated city or town, it can not be executed in another county than the one in which it issues, except:

(1) It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State, or

(2) If it be endorsed by any magistrate in the county in which the accused is found. it may be executed in such county. The endorsement may be: "Let this warrant be executed in the county of .....

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Or if the endorsement is made by a judge of a court of record, then the endorsement may be: "Let this warrant be executed in any county of the State of Texas." Any other words expressing the same meaning will

be sufficient. The endorsement shall be dated and signed officially by the magistrate making it.

SECTION 3. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SECTION 4. The fact that there are now no adequate provisions of law relating to the execution of warrants of arrest, and the near approach of the close of the session, and the crowded condition of the calendar, create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days, be suspended, and that this bill be in force and take effect from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives, no vote given; it was referred to the Senate, where it was amended and passed, no vote given; the House of Representives concurred in the Senate amendments, no vote given.]

Approved April 22, 1905.

Takes effect 90 days after adjournment.

ASSUMED RISK-PRESCRIBING WHEN THIS DEFENSE SHALL BE AVAILABLE.

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An Act to prescribe when the defense of assumed risk shall and shall not be available when interposed by a person, corporation or receiver operating a railroad or street railway in any suit for damages for the death or personal injury of an employe and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That in any suit against a person, corporation or receiver operating a railroad or street railway for damages for the death or personal injury of an employe or servant, caused by the wrong or negligence of such person, corporation or receiver, that the plea of assumed risk of the deceased or injured employe where the ground of the plea is knowledge or means of knowledge of the defect and danger which caused the injury or death shall not be available in the following cases:

First. Where such employe had an opportunity before being injured or killed to inform the employer or a superior entrusted by the employer with the authority to remedy or cause to be remedied the defect, and does notify or cause to be notified the employer or superior thereof within a reasonable time, provided it shall not be necessary to give such information where the employer or such superior thereof already knows of the defect.

Second. Where a person of ordinary care would have continued in the service with the knowledge of the defect and danger and in such case it shall not be necessary that the servant or employe give notice of the defect as provided in subdivision 1 hereof.

SECTION 2. The fact that there is now no adequate law protecting employes on railroads in their employment from damages in operating defective machinery creates an emergency and an imperative public neces

sity that the constitutional rule which requires bills to be read on three several days in each house be suspended, and said rule is hereby suspended, and this Act shall take effect and be in force from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 23, nays 3; and passed the House of Representatives by a two-thirds vote, yeas 93, nays 4.]

Approved April 24, 1905.

Became a law April 24, 1905.

DEPOSITORIES-PROVIDING A SYSTEM FOR STATE, COUNTY AND CITY.

Free Conference Bill for S. S. B. No. 43.]

CHAPTER 164.

An Act relating to State and county finances and the finances of cities incorporated under the general laws of this State, providing for a system of State, county and city depositories for said State, county and city funds, for the selection and designation of such depositories; to provide penalties for the violation of the provisions of this Act, and to repeal all laws and parts of laws in conflict herewith.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. It shall be the duty of the State Treasurer at the times and in the manner provided in this Act to designate a bank or banking institution in each senatorial district of the State of Texas which shall be known as a State depository. Said bank or banking institution must be a national bank or an incorporated company authorized to do business in the State of Texas, and each said depository shall be established and conducted in accordance with and subject to the provisions of this Act. Other depositories may be selected in lieu of those not selected from and for senatorial districts as provided for herein.

SECTION 2. Immediately upon the qualification of each State Treasurer elected at a general election after this Act takes effect, it shall be his duty to cause to be printed a circular letter soliciting bids for keeping the public funds of the State for a term of two years next after the succeeding March 1st upon the conditions prescribed in this Act. Said circular letter shall state the conditions to be complied with by the bidders, as hereinafter provided, and what each bid shall set forth, and shall require such bids to be forwarded to the State Treasurer on or before 12 o'clock noon of the first Monday in February thereafter, and shall require that each bid shall be accompanied by a certified check for the sum of five hundred dollars, payable to the order of the State Treasurer, which shall become forfeited to the State in case said bid shall be accepted and the bidder shall fail to comply with the requirements, as provided by this Act, for the qualification of depositories; otherwise such check shall be returned to the bidder. The Treasurer shall mail a copy of such circular letter to each of the banks or banking institutions in the State of the class before mentioned, and shall immediately deposit with the Comp

troller and Attorney General a copy of such circular letter, and attach thereto a list of those to whom it has been mailed, as above provided, such copy and list so filed, to be certified by the State Treasurer under his seal of office. The State Treasurer shall also keep a copy of such letter, and a list of those to whom it has been sent, on file in his office for the inspection of any person desiring to examine the same.

SECTION 3. Bids sent to the State Treasurer shall be sealed up in a strong envelope and marked, "Bid for the safe-keeping and payment of the deposits of the State funds," and the State Treasurer shall indorse thereon the time of the receipt of such bid. Such bid shall state the interest such bank will pay on the average daily balances to the credit of the State Treasury in such bank. Said bids shall be directed to the State Treasurer, and by him opened on the first Monday in February thereafter, in the presence of the Comptroller and Attorney General, and thereupon the Treasurer shall select and designate, with the approval of the Comptroller and Attorney General, one of such banks or banking institutions as the depository of the State for each senatorial district. The Treasurer may with the approval of the Comptroller and Attorney General, reject any and all bids, and in any case the bank or banking institution offering the highest interest from each senatorial district shall be selected, if any. No award of State money shall be made upon any bid therefor greater than the paid up capital stock of the bank making such bid.

SECTION 4. When said bank or banking institution of any senatorial district so designated by the State Treasurer has complied with the conditions of this Act it shall be authorized to receive on deposit from the State Treasurer or under his direction State funds not exceeding fifty thousand ($50,000) dollars for any one bank and it shall be the duty of said State Treasurer to cause the funds of the State to be deposited in said State depositories subject to the conditions and limitations of this Act.

SECTION 5. Before the State Treasurer is authorized to deposit any State funds in any State depository herein provided for or to cause the same to be so deposited, he shall satisfy himself as to the solvency of said institution, and in addition thereto he shall require a bond in the amount of twenty-five thousand ($25,000) dollars, which bond shall be payable to the Governor and to his successors in office, and said bond shall be conditioned for the safe keeping of said funds deposited and to meet the requirements of this Act, in such form as the Attorney General shall prescribe, and the same restrictions and requirements as to sureties thereon shall apply as is now or may be hereafter required in the bond of the State Treasurer.

SECTION 6. The State Treasurer shall also require the deposit as collateral security for said deposit required, United States, State, county, independent school district or municipal bonds in the sum of fifty thousand ($50,000) dollars, but before any State, county or municipal bonds shall be received as collateral security in such cases they must be registered with the Comptroller and approved by the Attorney General of the State of the State of Texas under the same rules and regulations as are now required for bonds in which the permanent school funds of the State are

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