penalty of said bonds to be not less than the total amount of county funds to be deposited with such banker or banking concern.

SECTION 26. When the funds of any county shall be deposited with two or more depositories, the commissioners court shall select and name by order one of said depositories to act as a clearing house for the others at which all county warrants shall be finally paid.

SECTION 27. It shall be the duty of the depository to provide for the payment upon presentment at the county seat of the county of all checks drawn by the county treasurer upon the funds of said county, as long as funds of said county treasurer shall be in the possession of the depository subject to such checks; and for every failure to pay such check or checks at the county seat of such county upon presentment, said depository shall forfeit and pay to the holder of such check ten per cent of the amount thereof, and the commissioners court shall revoke the order creating such depository; provided, however, the amount of its bid shall not be returned, but shall be forfeited to the county.

SECTION 28. If any depository selected by the commissioners court be not located at the county seat of such county, said depository shall file with the county treasurer of such county a statement designating the place at said county seat where and the person by whom all deposits may be received from the treasurer for such depository, and where and by whom all checks will be paid, and such depository shall cause every check to be paid upon presentation at the place so designated so long as the said depository has sufficient funds to the credit of said county applicable to its payment.

SECTION 29. It shall be the duty of the county treasurer, upon the presentation to him of any warrant drawn by the proper authority, if there shall be money enough in the depository belonging to the funds upon which said warrant is drawn and out of which the same is payable, to draw his check as county treasurer upon the county depository in favor of the legal holder of said warrant, and to take up said warrant and to charge same to the fund upon which it is drawn; but no county treasurer shall draw any check upon the funds with said depository unless there is sufficient money belonging to the fund upon which said warrant is drawn to pay the same, and no money belonging to said county shall be paid by said depository except upon check of the county treasurer, and it shall be the duty of such depository to make a detailed statement to the county commissioners court at each regular term of said court, showing the daily balances of the preceding quarter. In case any bonds, coupons or other indebtedness of any county by the terms thereof are payable at any particular place other than the treasury of the county, nothing herein contained shall prevent the commissioners court of any such county from causing the treasurer to place a sufficient sum at the place where such debts shall be payable at the time and place of their maturity.

SECTION 30. If for any reason, no selection of a depository be made at the time provided by law, the commissioners court may, at any subsequent time after twenty days notice, select a depository in the manner provided for such selection at the regular time, and the depository so selected shall remain the depository until the next regular time for

selecting a depository, unless the order selecting and naming such depository be revoked for lawful reasons.

SECTION 31. If the commissioners court shall at any time deem it necessary for the protection of the county it may require any depository to execute a new bond, and if said new bond be not filed within five days from the time of the service of a copy of said order upon said depository, the commissioners court may proceed to the selection of another depository in the manner provided for the selection of a depository at the regular time for such selection.

SECTION 32. The county treasurer shall not be responsible for any loss of the county funds through the failure or negligence of any depository, but nothing in this Act shall release any county treasurer for any loss resulting from any official misconduct or negligence on his part, or from any responsibility for the funds of the county, until a depository shall be selected and the funds deposited therein, or for any misappropriation of such funds by him.

SECTION 33. If there be no bank situated within the county that seeks to select a county depository, then the county commissioners court shall advertise for bids in the adjoining counties in the manner hereinbefore provided in Section 30 of this Act; provided, that when a depository has been selected by the county commissioners court in the manner set forth in this Act, said county depository, shall, within five (5) days after notice of such selection had been given to said depository, file with the county treasurer of such county a statement designating the place at said county seat where and the person by whom all deposits may be received from the treasurer for such depository, and where and by whom all checks will will be paid.

CITY DEPOSITORIES.

SECTION 34. The city council of every city in the State of Texas incorporated under the general laws thereof, at its first regular meeting after this Act shall take effect, and at its regular meeting in July of each year thereafter, is authorized to receive sealed proposals for the custody of the city funds from any banking corporation, association or individual banker doing business within the city that may desire to be selected as the depository of the funds of the city. Notice that such bids will be received shall be published by the city secretary not less than one nor more than four weeks before such meeting, in some newspaper published in the city. Any banking corporation, association or individual banker doing business in the city desiring to bid, shall deliver to the city secretary, on or before the day of such meeting designated by said published notice, a sealed proposal stating the rate per cent upon daily balances that said banking corporation, association or individual banker offers to pay to the city for the privilege of being made the depository of the funds of the city for the year next following the date of such meeting; or in the event that said selection shall be made for a less term than one year, as hereinafter provided, then for the time between the date of said bid and the next regular time for the selection of a depository, as aforesaid. All such proposals shall be securely kept by the secretary, and shall not be opened until the meeting of the council for the purpose of passing upon same, nor shall any other pro

posal be received after they shall have been opened. It shall be a misdemeanor for the city secretary or other person to open any of said proposals or to disclose directly or indirectly the amount of any such bid to any person or persons before the selection of such depository, and upon conviction he shall be fined in a sum of not less than ten nor more than one hundred dollars.

SECTION 35. Upon the opening of the sealed proposals submitted, the city council shall select as the depository of the funds of the city the banking corporation, association or individual banker offering to pay to the city the largest amount for such privileges; provided, however, the council shall have the right to reject any and all bids, and readvertise for new proposals. Within five days after the selection of such depository it shall be the duty of the banking corporation, association or individual banker so selected to execute a bond, payable to the city, to be approved by the mayor with the concurrence of the city council and filed with the city secretary, with not less than three solvent sureties, who shall own unencumbered real estate in the county in which said city is located, of as great value as the amount of said bond, or said depository may make said bond in some approved fidelity and surety company, the penalty of said bond to be at least double the total resources of the city for the preceding fiscal year, and conditioned for the faithful performance of all duties and obligations devolving by law or ordinance upon said depository, and for the payment upon presentation of all checks drawn upon said depository by the city treasurer, whenever any funds shall be in said depository applicable to the payment of said check, and that all funds of the city shall be faithfully kept by said depository, and with the interest thereon accounted for according to law; and for a breach of said bond, the city may maintain an action in its

name.

SECTION 36. As soon as said bond shall be given and approved, an order shall be made by the council designating said banking corporation, association or individual banker as the depository of the funds of the city until the time fixed by this Act for another selection and such order shall be entered upon the minutes. It shall be the duty of the city treasurer immediately upon the making of said order to transfer to said depository all the funds in his hands belonging to the city and immediately upon the receipt of any money thereafter he shall deposit the same with said depository to the credit of the city, and for each and every failure to make such deposit, the treasurer and his bondsmen shall be liable to said depository for ten per cent per month upon the amount not so deposited, to be recovered by civil action in any court of competent jurisdiction. If any banking corporation, association or individual banker, after having been selected as such depository, shall fail to give bond within the time provided by this Act, then the selection of such banking corporation, association or individual banker as the depository of the city funds shall be set aside and be null and void, and the city council shall after notice published in the manner hereinafter provided, proceed to receive new bids and select other depository.

SECTION 37. It shall be the duty of the city treasurer upon presentation to him of any warrant drawn by the proper authority, if there shall be money enough in the depository belonging to the fund upon

which said warrant is drawn and out of which the same is payable, to draw his check as city treasurer upon the city depository in favor of the legal holder of said warrant, and to take up said warrant and charge the same to the fund upon which it is drawn; but in no case shall the city treasurer draw any check upon any fund in the city depository unless there is sufficient money belonging to the fund upon which said warrant is drawn to pay the same. No money belonging to the city shall Le paid out of the city depository except upon the checks of the city treasurer; and all such checks shall be payable by said depository at its place of business in the city. In case any bonds or coupons or other indebtedness of the city are payable, by the terms of such bonds, coupons or other indebtedness, at any particular place other than the city treasury, nothing herein contained shall prevent the city council from causing the treasurer to withdraw from the depository and to place at the place where such bonds, coupons or other indebtedness shall be payable at the time of their maturity, a sufficient sum to meet the same.

SECTION 38. If, for any reason, no selection of a depository is made at the time fixed by this Act, the city council may at any subsequent meeting, after notice published as hereinbefore provided, receive bids. and select a depository in the manner herein set out, and the banking corporation, association or individual banker so selected shall remain the depository until the next regular term for the selection of a depository, unless the order selecting it be revoked for the causes specified in this Act. If the city council shall at any time deem it necessary for the protection of the city, it may, by resolution, require the depository to execute a new bond, and upon failure to do so, within five days after the service of a copy of the resolution on said depository, the city council may proceed to select another depository in the manner hereinbefore provided. The city treasurer shall not be responsible for any loss of the city funds through the negligence, failure or wrongful act of such depository, but nothing in this Act shall release said treasurer from responsibility for any loss resulting from any official misconduct on his part or from responsibility for the funds of city at any time when, for any reason, there shall be no city depository, or until a depository shall be selected and the funds deposited therein, or for any misappropriation of such funds in any manner by him.

SECTION 39. No check shall be drawn upon the city depository by the treasurer except upon a warrant signed by the mayor and attested by the secretary. No warrant shall be drawn by the mayor and secretary upon any of the special funds created for the purpose of paying the bonded indebtedness of said city in the hands of the city treasurer, or in the depository, for any purpose whatsoever other than to pay the principal or interest of said special fund, or for the purpose of investing said special fund according to law. No city treasurer shall pay off, or issue a check, to pay any money out of any special fund created for the purpose of paying any bonded indebtedness of said city other than for the purpose to pay interest due on said bonds, the principal of said. bonds, or for the purpose of making an investment of said fund according to law. Any mayor who shall draw a warrant against a special fund as above defined for any other purpose than above specified, or any city treasurer who shall py, or issue a check to pay a warrant

drawn on the special fund of any city other than for the legal purpose of paying interest due on said bonds, the principal of said bonds, of for investing said sinking fund according to law, shall be guilty of a felony, and upon conviction shall be confined in the penitentiary for any term not less than one year nor more than five years. The treasurer shall report to the council, on or before its first regular meeting of July in each year, the amount of receipts and expenditures of the treasury, the amount of money on hand in each fund, and the amount of bonds falling due for the redemption of which provision must be made; also the amount of interest to be paid during the next fiscal year, and such other reports as the existing law requires of him.

SECTION 40. All provisions of this Act shall apply to towns and villages incorporated under the general laws of Texas, as well as to cities so incorporated, and the term "city council" as herein used shall be construed to include the board of aldermen of such towns and villages; the terms "city secretary" and "secretary" shall be construed to include the clerk or secretary of such towns and villages; the term "city treasurer" shall be construed to include the treasurer of such towns and villages, and the term "city" shall be construed to include towns and villages. SECTION 41. All laws and parts of laws in conflict herewith are hereby repealed.

Approved May 1, 1905.

Takes effect 90 days after adjournment.

POOLS, POOL ROOMS AND HORSE RACING-RELATING TO. H. B. No. 116.]

CHAPTER 165.

An Act to amend Sections 1, 2 and 3, and adding thereto sections 4 and 5, of Chapter L, of the General Laws of Texas, passed at the Regular Session of the Twenty-eighth Legislature entitled "An Act to prohibit the buying and selling of pools, or receiving or making bets on horse racing; to prohibit leasing of premises for pool rooms; and to provide a penalty for its violation," prohibiting horse racing and betting on horse racing on Sunday.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Chapter L of the General Laws of Texas, passed at the regular session of the Twenty-eight Legislature, entitled "An Act to prohibit the buying and selling of pools; or receiving or making bets on horse racing; to prohibit the leasing of premises for pool rooms; and to provide a penalty for its violation," be and the same is hereby amended so as to read as follows:

Sec. 1. If any person shall engage or assist in pool selling, bookmaking, taking or accepting any bet on any horse race except on the day and within the inclosure where such race is run, he shall be punished by a fine of not less than two hundred nor more than five hundred dollars, and imprisonment in the county jail for not less than thirty nor more than ninety days.

SEC. 2. If any person shall buy pools or otherwise wager anything of value on any horse race at any time or place, except on the day and within the enclosure where such race is run, he shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars.

SEC. 3. If any owner or lessee of any property in this State shall permit the same to be used as a place for the sale of pools, book-making or