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1 f 1 1 S chairman of $bLid board; attested by clerk or secretary of said board with the corporate seal thereof affixed, and the bank upon which each check or warrant or warrants is drawn shall not pay same until it shall receive a certified list from.'secretary or clerk of board issuing chick, *arrantjor?warrants giving date and number and amount of each check or warrant or warrants and person to whom issued." .. , The amount of the security is in the discretion of the Board; but the kind of se- curity is provided by' law as set out by Section 2404 C. G* L., 1927, of Florida: Any banks; National or State, authorized to do business in this State; that wil] pay two per pent per annum on daily balances of the county general revenue funds; the county fine and forealture funds, the road funds, and each and every other separate and distinct county funds; respectively; and also, upon the general or common aounty school funds and,on each special tax school district fund; respectitely; when the deposits to the credit of said funds; respectively; excoed two thousand dollars, and four per cent per annum on balances of such funds, respectively, deposited for a period of three monthu or longer; and gives; at its own exponse a 'surety bond issued by some surety company authorized to do business in this State, or make satisfactory deposit to the credit of the county sufficient Federal; State" county or municipal bonds for the protection of said funds; is hereby created a county depository and authorized and entitled to receive public funds in the manner and method hereinafter provided." We rind that this statute has not been complied with by the Board in that the de- pository banks did not file a written offer and guarantee to pay said Board interest on County funds as required by Section 2405.C* G. Lop 19279. of Florida: dny.bank! as described above„ desiring to become a county depository as herein provided; shall file with the board of county commissioners or board of public instruc- tion; or both boards; a written offer and guarantee to pay said board or boards two per cent per annum on all daily balances when such funds exceed two thousand dollars, and ' four per cent per a num on time deposits; and shall execute and deliver to said board or boards a surety bond issued by some company duly authorized to do business in this State; . or make satisfactory deposit to the credit of the county, Federal, State, county or municipal bonds; in an amount to be determined by each of the said boards, respect- ivelyp and be approved both as to amount and to validity by the Comptroller,of the State, and conditioned that said bank insure the safekeeping,.accounting for and paying over on .demand by proper authority all money that may come into its hands by virtue of its actinE as said depository; and will in all respects duly and faithfully perform the duty, imposed upon it, is entitled and authorized to receive an equitable share of the public money of the county in which it is located: Provided' the county.comuissioners and board of public.in6truction shall divide the de- posits of their countyequitably among the banks of the county that have qualified as provided in this Chapter$ and in case no bank in the county should qualify, then the s boards are authorized and commanded to divide the deposits among the banksiin some other county meeting the conditions as provided in this Chapter." (5) The facts as we find them with reference to the transfer of funds as above stated into banks shortly before closing, warrant the cbnelusicn that there is a possi liability to the County on the part of the banks paying the checks by which such trans were effected and on the part of the officials drawing such checks. (6) ZOETR.A.CT WITH FLORIn.A. ROAD 01LIaG COUP We find that in 1926 the Board had transactions with the Florida Road oiling t;} Compamyp involving the oiling and re -surfacing the roads in apedM1 Road and Bridge Dis`�