1897. Presumptive evidence of un been filed and published, as herein provided, for the sale therein of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or other beverages, or any article of merchandise, medicines, medical preparations, perfumery, lawful use, etc. oils, compounds, mixtures or preparations, or for the furnishing of such or similar beverages to customer, or the buying, selling, using, disposing of or trafficking in any such bottles, boxes, siphons, fountains, tins or kegs by any person other than said persons or corporations having a name, mark or device thereon of such owner without such written consent, or the having by any junk dealer or dealers in second-hand articles possession of any such bottles, boxes, siphons, foun tains, tins or kegs, a description of the marks, names or devices whereon shall have been so filed and published as aforesaid, without such written consent, shall, and is hereby declared to be presumptive evidence of the said unlawful use, purchase and traffic in of such bottles, boxes, siphons, fountains, tins or kegs. Justice of the Peace to impose punishment prescribed. Proviso. SEC. 4. Whenever any person, persons or corporation mentioned in Section 1 of this act, or his, her, its or their agent shall make oath before any Justice of the Peace in the district where the offense is committed that he, she or it has rerson to believe, and does believe, that any of his, her, its or their bottles, boxes, siphons, fountains, tins or kegs, a description of the names, marks or devices whereon has been so filed and published as aforesaid, are being unlawfully used or filled or had by any person or corporation manufacturing or selling soda, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicine, medical preparations, ferfumery, oils, compounds or m'xtures, or that any junk dealer or dealer in second-hand articles, vendor of bottles, or other person or corporation has any such bottles, boxes, siphons, fountains, tins or kegs in his, her or its possession or secreted in any place, the said Justice of the Peace must there upon issue a search warrant to discover and cbtain the same, and shall also cause to be brought before him the person in whose possession such bottles, boxes, siphons, fountains, tins or kegs may be found, and shall then inquire into the circumstances of such possession, and if such Justice of the Peace, upon trial and conviction had, finds that such person has been guilty of a violation of Section 2 of this act, he must impose the punishment herein prescribed, and he shall also award possession of the property taken upon such warrant to the owner thereof; Provided, That in any counties where Criminal Courts of Record exist the said Justice of the Peace shall act only as a committing magistrate as in other cases in so far as trying the offender and imposing the said punishment are concerned. SEC. 5. The requiring, taking or accepting of any deposit, for any purpose, upon any bottle, box, siphon, fountain, tin or keg shall not be deemed or constitute a sale of such property, either optional or otherwise, in any proceeding under this act. SEC. 6. All laws and parts of laws inconsistent herewith are, for the purpose of this act, hereby repealed. SEC. 7. This act shall take effect immediately upon its passage and approval by the Governor. Approved June 5, 1897. 1897. CHAPTER 4585-[No. 71.] AN ACT to Allow Municipalities to Prohibit the Sale of Fireworks. SECTION 1. That any municipality in this State shall have the right to prohibit by ordinance the sale, within its limits, of any such fireworks as may be deemed objectionable by the council of such municipality. Approved June 5, 1897. Municipalities have right to of fireworks prohibit sale CHAPTER 4586-[No. 72.] AN ACT Authorizing the Governor, Comptroller and Treasurer to Be it enacted by the Legislature of the State of Florida: SECTION 1. That the Governor, Comptroller and Treasurer are hereby authorized to deposit, subject to call, the moneys of the State in such banks in the State as will offer the best inducements as to interest and security. SEC. 2. That the security to be given by such banks as may be designated under Section 1 of this act, shall consist Governor, Comptroller authorized to deposit State money in banks. and Treasurer 1897 Security. Governor, to sell bonds deposited as collateral -security. only of the bonds of the United States, and the bonds of the several States, and county and municipal bonds issued by any of the counties or cities of the State of Florida at such valuation, not exceeding the par value thereof, as may be agreed to by the Governor, Comptroller and Treasurer. SEC. 3. That the Governor, Comptroller and Treasurer are hereby authorized to sell any or all of the bonds that may be deposited in the State Treasurer's office as collateral seand Treasurer curity for the deposit of any State money, at public or priv ate sale whenever there shall be a failure or refusal on the part of bank depositing such securities to pay any check drawn by the State Treasurer on such bank. Notice of the sale of bonds under this act shall be given for thirty days in a newspaper published in the city of Tallahassee, and when a sale of bonds is made by the Governor, Comptroller and Treasurer, either at public or private sale, under this act, the absolute ownership of such bonds shall vest in the purchaser or purchasers upon the payment of the purchase money to the State Treasurer. Should there be any surplus after paying the amount due the State and expenses of sale, it shall be paid over to the bank making the deposit. Interest on payable Treasurer not to deposit money without consent of Governor and Comptroller. SEC. 4. Interest on the State moneys deposited in banks under this act shall be payable to the State Treasurer quarterly on the first days of January, April, July and October, and such interest money shall be credited on account of general revenue. SEC. 5. It shall be unlawful for the State Treasurer to deposit or keep any money not deposited in accordance with Section 1 of this act, in any bank without the consent of the Governor and Comptroller. SEC. 6. That all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed. SEC. 7. That this act shall take effect upon its approval by the Governor. Approved June 4, 1897. CHAPTER 4587-[No. 73.] AN ACT to Amend Section 414, Revised Statutes of Florida, Relating to the Examinations of Accounts of Officers Authorized to Receive Public Moneys. Be it enacted by the Legislature of the State of Florida: SECTION 1. That Section 414 of the Revised Statutes of the State of Florida shall be amended so as to read as follows: The Governor is authorized, whenever he may deem it to the public interest, or upon the request of the Comptroller, Treasurer, County Judge, or President or Chairman of the Board of County Commissioners, or any other member representing said board, to designate an agent to examine from time to time the accounts and transactions of the Tax Collector and other officers authorized to receive public moneys or fines, and to ascertain the correctness of such accounts; and the said officers shall submit their official books, accounts and papers to the inspection of such agent on his request. Such agent is hereby empowered and required to make such investigations and inquiries in relation to moneys received by such officers for the use of the State, or of any county, or any particular fund, as may be required by the Governor or any cabinet officer, and such agent shall make report of his doings to the Governor whenever required. Such agent may be removed by the Governor at pleasure, and shall receive for his service such sum as may be deemed reasonable by the Governor and Comptroller, not to exceed five dollars per day for each day actually employed in such investigation or examination. SEC. 2. This act shall go into effect immediately upon its approval by the Governor. Approved May 31, 1897. CHAPTER 4588-[No. 74.] AN ACT to A mend Section 123 of the Revised Statues of the State of Florida with Reference to an Examination of the State Treasurer's Office by the Governor, and Monthly Statements to the Governor. Be it enacted by the Legislature of the State of Florida: That Section 123, Revised Statutes of the State of Florida, be amended so as to read as follows: 123. Examination by and Monthly Statements to the 1897. Treasurers office subject by Governor or person authorized by the Governor. Governor.-The office of the Treasurer of this State, and the books, files, documents, records and papers thereof, shall always be subject to the examination of the Governor of the State, or any person or persons he may authorize to examine the same. The Treasurer shall exhibit to the Governor to examination on or before the tenth day of each month, a trial balance sheet from his books and a statement of all the credits, money or effects on hand on the day for which said trial balance sheet is made, and said statement accompanying said balance sheet shall particularly describe the exact character of funds or credits, and shall state in detail the amount in currency, coin, drafts, checks, orders, receipts, bonds, coupons or other credit-memoranda which he may have representing cash and not yet entered upon the books of his office and such statement shall be certified and signed by the Treasurer officially. Approved June 1, 1897.. County Treas urers to open accounts with themselves. CHAPTER 4589-[No. 75.] AN ACT to Amend Section 611, Chapter IV, Part 1, Title 9, of the Revised Statutes. of the State of Florida, in Relation to Accounts of County Treasurers. Be it enacted by the Legislature of the State of Florida: SECTION 1. That Section 611, Chapter IV, Part 1, Title 9, of the Revised Statutes of the State of Florida, in relation to accounts of County Treasurers, be amended so as to read as follows: Section 611. Accounts of Treasurer-It shall be the duty of every County Treasurer to open an account with himself in a well-bound book, to be furnished by his county, and he shall charge himself with all moneys which he may officially receive, giving therefor his receipt, in duplicate, specifying the source from whence received, the date of receiving and on what account, and the amount, in distinct and separate items, which shall show the amount of currency and the amount of scrip, and the respective kind and amounts thereof, and the officer, State or county, paying money or scrip into the treasury and receiving duplicate receipts, as above provided, shall forth with file one of said duplicate receipts with the Clerk of the Circuit Court, for the inspection of the Board of County Commissioners of his county at their first session thereafter. And in like manner he shall credit the |