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bursing officers of all state institutions as to the form and manner in which their reports of receipts and disbursements shall be made to the governor for the use of the legislature. The auditor shall give instructions to all such officers, and to the accounting and disbursing officers of counties, respecting the methods of keeping their accounts and making their statements, which instructions shall set forth all provisions of law relating thereto, and such further regulations not inconsistent with law as to the auditor may seem proper. The auditor shall furnish to all institutions and persons concerned blanks and forms for making reports, and so far as practicable, for keeping accounts; and all such officers shall keep their accounts and make their reports in the form so prescribed, and upon the blanks furnished for the purpose. The auditor shall set forth in his biennial report a summary of the results of the examinations hereinbefore directed, and shall report specially to the governor upon any such matter whenever he shall deem it proper, or whenever he may be required by the governor to do so. (Code 1916, c. 17.)
S 33. Payment into state treasury of money received by state officers; how paid out.-All moneys received by state officers, commissions and boards from any source shall be paid into the state treasury at least once each month.
All of said moneys which are by law authorized to be expended by said officers, commissions and boards, and the moneys paid into the state treasury through the state board of control are hereby appropriated out of the treasury. The appropriations herein made shall be drawn from the treasury upon the requisitions of the proper officer, or officers, made upon the auditor at such times and in such amounts as are needed for the purposes of any of the institutions, officers, commissions and boards for which such moneys are received. But no moneys received on account of one institution, commission, officer or fund, shall be used for any other institution, commission, officer, or fund, or contrary to a specific requirement of law. All moneys on hand and received by state officers, commissions or boards not having an office at the state capitol, shall be paid into the state treasury through the state board of control. This act shall go into effect July first, one thousand nine hundred and fifteen. Section five hundred and forty-eight of the code of one thousand nine hundred and six, [sec. 8 of this chapter] shall not apply to this act. (Code 1916, c. 17.)
$ 34. County depositories: designation. The county court of each county, by order of record, shall designate, in the manner hereinafter provided, a bank, or banks, or trust companies situated in the county and duly incorporated under the laws of this state, or organized under the laws of the United States, as a depository or depositories of public moneys; provided, that in any county where no such bank or trust company exists, or where such bank or banks fail, refuse or neglect to comply with all the provisions and conditions of this act, the county court shall designate any other convenient bank, or banks, or trust companies incorporated under the laws of the state, or organized under the laws of the United States, located and doing business in the state; and, provided, further, that no such depository shall have on deposit at any time more than one hundred thousand dollars of public moneys. A depository to be eligible for designation hereunder must be such bank or trust company as is described in this section. Not later than July one, one thousand nine hundred and sixteen, and every two years thereafter the sheriff of every county shall file with the county court, or tribunal in lieu thereof, a statement in writing naming one or more banks or trust companies within his county in which he desires to deposit public funds, and thereupon and within twenty days thereafter the county court shall designate the same county depository or depositories; provided, said bank, banks or trust companies, comply with all the provisions and requirements of this act. If the banks or trust companies named in said statement filed by the sheriff do not comply with the requirements and provisions of this act, then the county court shall designate any other bank, banks or trust companies within the county as county depository or depositories, when they comply with all the requirements and provisions of this act. If there are no banks or trust companies within the county eligible for county depository or depositories, or if eligible to be designated as such, either decline to be designated, or if designated, fail, refuse or neglect to comply with the requirements and provisions hereof, then the sheriff shall file with the county court a statement naming one or more banks or trust companies convenient to his county within the state in which he desires to deposit the public funds; thereupon, the county court shall designate the same county depository or depositories; provided, said bank, banks, or trust companies comply with all the requirements and provisions of this act. If the banks or trust companies named in said statement filed by the sheriff do not comply with the requirements and provisions of this act, then the county court shall designate any other bank, banks or trust companies convenient to the county and within the state, as county depository or depositories, when they comply with all the requirements and provisions of this act. Risk and expense of making deposits in county depositories located outside of the county seat, shall be borne by the bank, or banks, or trust companies in which the deposits are made. If the sheriff shall fail or neglect to file the statement provided for by the provisions hereof, by the time provided herein, naming eligible county depository or depositories, then the county court shall name some bank, banks, or trust companies within the state as county depository or depositories. The depositories named by the county court shall be located in the county, if any therein eligible and willing to comply with the requirements and provisions of this act. When any bank or trust company has been named by the county court as provided for by this section, and has complied with all the requirements and provisions of this act, the court shall designate it a county depository. The county court of any county may be required by mandamus to comply with the requirements of this act, upon the petition of any citizen and taxpayer of the county, or any officer charged with the duty, of enforcing compliance with the laws relating to the collection and disbursement of public moneys. (Code 1916, c. 39.)
$ 35. Same: bond of depository.-No such designation shall be binding on such county, nor shall any public money be deposited thereunder until the hypothecation of the bonds provided for in section 37 of this chapter, or until there is executed by the bank, or banks, or trust companies designated, bond with good and sufficient sureties, to be accepted and approved by the county court, payable to the state of West Virginia, in such sum as the county court shall direct, and which shall not be less than the maximum sum that shall be deposited in the depository at any one time; such bond shall be executed by at least four resident freeholders as sureties; or, by a fidelity or indemnity company authorized to do such business within the state, satisfactory to, and acceptable by the county court, and having not less than one hundred thousand dollars capital; and such bond shall be conditioned for the receipt, safe-keeping and payment over of all money which may be deposited in or come under the custody of the bank or trust company designated a county depository under the provisions hereof, together with the interest thereon at the rate specified by this act; and such bond shall be further conditioned for the faithful performance by the bank or trust company so designated, of all the duties imposed by this act upon a depository of public moneys. An action shall lie on such bond at the instance of the county court, or the sheriff, for the recovery of any money deposited in the depository, upon failure or default of the depository to fully and faithfully account for and pay over any and all public moneys deposited by the sheriff, and of all interest earned and accrued thereon as required by this act. Such bond shall not be accepted by the county court until it shall have been submitted to the prosecuting attorney, and certified by him to be in due and legal form, and conformable to the provisions of this act, which certificate shall be endorsed thereon, and if any bank or trust company designated as aforesaid, fail to execute bond as required hereby, to the satisfaction and acceptance of the county court, or fail to hypothecate the bonds, as provided in section 37 of this chapter, within thirty days from the time the designation is made, the county court shall designate other depository or depositories in the manner hereinbefore provided. (Code 1916, c. 39.)
§ 36. Same: failure of depository to comply with act; removal of moneys; cessation of business. The bank, banks or trust companies designated in the manner hereinbefore provided, shall, upon the acceptance by the county court of the bond, or upon the hypothecation of the bonds as provided for herein, be the depository or depositories of public moneys, and remain such for two years, and until the bond of its successor or successors is accepted by the county court; but the county court, at any time it deems the same necessary, may require additional security from a depository in such sum as the court shall by order designate; and if a depository refuse or neglect, for the period prescribed by the court, to give such additional security, or to comply with the provisions of this act, the court may order the removal of the public moneys therefrom to some other depository, and if no county depository is available at the time, then to some reliable bank or banks or trust companies to be the depository thereof temporarily. Such removal, and all other removals, ordered by the county court under the provisions of this act, shall be made by order of record upon the check of the county treasurer, countersigned by the county clerk, after ninety days' notice to said depository. In event any county depository shall cease to do business, or shall suspend business, the county treasurer and county court at once shall designate and approve, respectively, another bank as a depository in place of the suspended depository. But, in such event, and pending the desig. nation and approval of another depository (when there is no other approved depository in the county) the treasurer shall deposit public funds coming into his hands, in some reliable bank or trust company, eligible to be a county depository, as a temporary depository, until a depository is designated and approved in the manner herein prescribed. If the money, in case of such removal, be deposited in a bank designated as a depository, temporarily, such bank or trust company shall, before the receipt by it of any such money, enter into a bond or hypothecate the bonds as required by this act; but if no bank or trust company be so designated, the money shall be kept in the county treasury, and steps at once taken by the county court to create a new depository under this act. (Code 1916, c. 39.)
$ 37. Same: hypothecation of bonds as security.-The county court may in lien of the bond provided for by preceding sections, accept as security for money deposited as aforesaid, interestbearing securities of the United States, or a state, county, district or municipal corporation, the indebtedness whereof does not exceed five per cent of the assessed valuation; the face value of which shall not be less than the sum specified in section 35 of this chapter as the amount to be named in the bond in lieu of which such bonds are accepted; or they may accept such bonds as partial security to the extent of their face value for the money so deposited, and require bond for the remainder of the full amount specified in said section, to be named in the bond; and in the bond so required, such acceptance of bonds as partial security, and the extent thereof shall be set forth. The hypothecation of such bonds shall be by proper legal transfer as collateral to protect and indemnify by trust any and all loss in case of any default on the part of the bank in its capacity as depository as aforesaid, and such collateral shall be released only by order of record of