twelve hundred and eighty acres, and a donation warrant for six hundred and forty acres of land, being the quantity to which the said Fenner is entitled as a soldier of the Texas army in 1836, under Col. J. W. Fannin, at Goliad, which may be located, surveyed and patented in the same manner as other certificates.

Sec. 2. That this act take effect from and after its passage.

Approved April 17, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XVIII.—An act to amend "an act to incorporate the city of San Antonio, and grant a new charter to said city," and to repeal "an act to incorporate the city of San Antonio," approved July 17, 1856, and "an act to amend the act to incorporate the city of San. Antonio," approved February 11, 1860, approved August 13, 1870.

Section 1. Be it enacted by the Legislature of the State of Texas, That sections five, twenty-four, forty-three and forty-five of "an act to incorporate the city of San Antonio, and grant a new charter to said city," and to repeal an act entitled "an act to incorporate the city of San Antonio," approved July 17, 1856, and an act entitled "an act to amend the act to incorporate the city of San Antonio," approved February 11, 1860, approved August 13, 1870, be so amended as hereafter to read as follows:

"Sec. 5. That on the second Monday in January of each alternate year, beginning with the year 1881, a mayor, recorder, city councilmen, a city collector, and street commissioner shall be voted for, and the returns for such election for mayor and other officers shall be made in the same manner as hereinafter provided.

"Sec. 24. At the first meeting of the city council after the promulgation of the result of the election for mayor and other offices, the city council shall, upon the nomination by the mayor, proceed to elect one treasurer, one engineer, one city attorney, one city physician, one city clerk, one assessor, one or more market-masters, one or more water commissioners, a marshal and one or more assistant marshals, and such police and other officers as they may deem necessary for the proper administration of the city government, and for the interest of the city. They may provide by ordinance for the suspension or removal of officers elected by the people or appointed by the council for malfeasance or incompetency in office or other cause, and shall fill vacancies as they may occur; provided, such vacancies occur less than nine months before the expiration of the respective terms of office of parties vacating.

"Sec. 43. To incur debts and to borrow money on the credit of the city and issue bonds therefor to an amount not to exceed ten thousand dollars during any one year. To make a loan or incur an indebtedness exceeding ten thousand dollars in any one year, the question must be submitted to the legal voters of the city, and if sustained by a vote of two-thirds of the vote polled, such indebtedness or loan shall be lawful. All bonds shall specify for what purpose they were issued, and they shall not be invalid if sold for less than their par value, and when any bonds are issued by the city, a fund shall be provided to pay the interest and two per cent. per annum on the principal as a sinking fund to redeem

the bonds, which fund shall not be diverted or drawn for any other purpose, and the city treasurer shall honor no draft drawn on said fund except to pay interest or to redeem the bonds for which it was provided, and for the payment of each loan, to levy a special tax over and above the general tax allowed by this act; provided, the rate of tax shall not exceed one-half of one per cent. and the rate of interest paid shall not exceed ten per cent.; provided, also, no loan shall be made or indebtedness incurred for any other purpose or purposes than those connected with the corporation of the city of San Antonio, and no loan shall be made or indebtedness incurred to aid any private enterprise, railroad or undertaking not under the management and control of the city council. The sinking fund for the redemption of any bonds or the payment of any loan or debt, shall be invested as fast as the same accumulates in United States interest bearing bonds, bonds of the State of Texas, or bonds of the city of San Antonio, and such bonds, and the interest of such bonds, shall be invested in like securities and shall be sold when necessary to pay the debts or loans or to redeem the bonds for which the sinking fund was accumulated.

"Sec. 45. To appropriate money and to provide for the payment of debts and expenses of the city. But the bonded or other indebtedness of the city shall not be increased more than ten thousand dollars in any one year unless authorized by a vote of the people of said city as hereinbefore provided."

Sec. 2. The near approach of the end of the session, and the want of a proper law upon this subject, creates an imperative public necessity and emergency that the rules be suspended and that this act take effect. from its passage, and it is so enacted.

Approved April 18, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XIX.-An act granting to Mrs. Florence Whitis, executrix, the right to make a change in Laurel street, in the city of Austin.

Whereas, The estate of C. W. Whitis owns lots numbers 11, 12 and 13, and all land out of out lot 15, division D, on the south side of Laurel street, city of Austin, therefore, upon the petition of the said Mrs. F. Whitis, executrix, and of proof made that the same has been advertised as required by law;

Section 1. Be it enacted by the Legislature of the State of Texas, That Mrs. Florence Whitis, executrix of the will of C. W. Whitis, deceased, be authorized to change the course of Laurel street as shown by the government survey and plot of the city of Austin, lying between out lots. numbers 11, 12 and 13 on the north, and out lot number 15, on the south of said street, all in division D, city of Austin, as follows: Beginning the change at the west of said Laurel street where it leaves the northwest corner of out lot number 15, division D, and running thence nearly east at right angles to the street running across the west end of said Laurel street to the west line of out lot number 10 in division D; thence nearly south with said west line of said out lot number 10, till it falls into the street now running nearly north between out lots numbers 15 and 17, division D, on the west of said street, and out lots numbers 7, 8 and 9, division D, on the east of said street.

Sec. 2. The right of the state to the land embraced in the limits of said discontinued street as herein set forth is hereby granted to the estate of the said C. W. Whitis, and made a part of out lot 15, division D; provided, that the said Mrs. Florence Whitis, executrix aforesaid, shall have the proposed new street laid off at least sixty feet wide, and shall cause within sixty days after the passage of this act, a correct plot of the changes herein authorized to be made, and deposit the same with the clerk of the county court of Travis county for record; and provided further, that said Mrs. Whitis, executrix aforesaid, shall, within the same time, execute a deed to the land embraced in the limits of the new street as herein designated, to the city of Austin, for public purposes and uses forever, and file the same with the county clerk of Travis county for record; and provided further, that this act shall in no way impair the vested rights. of other persons.

Sec. 3. The late period in the session at which this bill receives action, and the convenience of the public and owners of adjacent property, which will be subserved by the passage of this act, creates a public necessity for the suspension of the rule which requires this act to be read on three several days.

Approved April 18, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XX.-An act to authorize the Austin Canal, Irrigation and Manufacturing company to construct a dam across the Colorado river.

Section 1. Be it enacted by the Legislature of the State of Texas, That the Austin Canal, Irrigation and Manufacturing company, incorporated under a general law of the state, and their associates, successors and assigns be and they are hereby authorized to construct and keep up a dam across the Colorado river at any point above the city of Austin on said river and within ten miles of said city, selected by said company, and to divert so much of the water of said river as may be required by said company for their purposes into a canal to be constructed by them; provided, that said company and their successors, should said river become navigable from the city of Austin and above said dam, by vessels propelled by steam, shall construct and keep for use a lock in said dam for the passage of such vessels; and provided further, that there shall be constructed and kept in good order by said company a fish-ladder or other ways sufficient to enable fish to pass from below and above said dam; provided, that should said company fail to construct said dam within two years from the passage of this act, then the privilege herein granted shall cease; and provided further, that no acquisition of the right of way herein granted shall avail unless said company shall commence said canal in two years from this date and finish the same in three years thereafter, nor shall this act prevent any person or company from building a manufactory or manufactories, or using the waters of said river at any time. Sec. 2. Said company shall be authorized and empowered to acquire the right of way and the land necessary therefor in the same manner and under the same regulations as provided by law for the acquisition of the right of way by railroad companies in this state.

Sec. 3. Said company shall provide the means of returning all the water diverted into their canal from the Colorado river and not consumed or absorbed in use for irrigating purposes, to the natural channel of said river, at a point not further than one mile below the mouth of Shoal creek, at the city of Austin.

Sec. 4. Whereas, the present session of [the] Legislature is near adjournment, with a large number of bills of a public nature pending, there is an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days; and it is therefore enacted that said rule is hereby suspended.

Approved April 19, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXI.-An act amendatory of and supplemental to an act entitled "an act to consolidate in one act and amend the several acts incorporating the city of Houston, in Harris county," approved January 23, 1874, and the several acts amendatory thereof.

Section 1. Be it enacted by the Legislature of the State of Texas, That all the inhabitants of the city of Houston shall be a body corporate, by the name of the mayor, aldermen and inhabitants of the city of Houston, and by that name they shall be known in law and shall be capable of suing and being sued, and defending in all courts, and in all matters whatever; may have a common seal, and may alter and change the same at pleasure; may hold and convey any estate, real or personal, for the use of said corporation, within the city limits; provided, that said corporation may hold real estate outside of the limits of said city, for cemetery, powder house, pest house and work house purposes.

Sec. 2. That the bounds and limits of said corporation shall be three miles square, to be run with the cardinal points of the compass, of which the centre of the court house square in the city of Houston shall be the

centre.

Sec. 3. That the city council may divide the city into a convenient number of wards, not exceeding eight, and define and establish the boundaries thereof, and may change the same from time to time as may be deemed expedient, having regard for the number of inhabitants, so that each ward shall contain, as near as may be, the same number of qualified electors for city elections.

Sec. 4. That the administration of the business affairs of said corporation shall be conducted by a mayor and board of aldermen, who shall compose the city council.

Sec. 5. All qualified electors of the state, who shall have resided for six months immediately preceding the election within the limits of said city, shall have the right to vote for mayor, and all other elective officers of said city; but in all elections to determine the expenditure of money or assumption of debt, only those shall be qualified to vote who pay taxes on property in said city.

Sec. 6. That the mayor shall be elected by the qualified voters of the city, and shall hold his office for the term of two years, and until his successor is elected and qualified. No person shall be mayor unless he is a qualified elector of the city. He shall be a conservator of the peace throughout the city. He shall have power

by and with the consent of the city council to appoint any number of policemen on any special occasion that he may deem necessary to preserve the peace of the city, and to discharge the same at pleasure. He shall have power, in case of necessity, to call out the militia, or any military company in the city, to aid in the suppression of any riot or public disturbance. He shall be active and vigilant in enforcing all laws and ordinances for the government of the city; and he shall cause all the subordinate officers to be dealt with promptly for any neglect or violation of duty. He shall preside at all meetings of the council, when present; and, in case of a tie vote in the board of aldermen, he shall give the casting vote. He shall have power to veto any resolution, by-law, ordinance, motion or order passed by the council in the following manner: He shall give notice of his veto at the same meeting in which said action was had, which shall be entered upon the minutes; at the next regular meeting he shall furnish to the council his reasons in writing, and unless the council shall pass such law, ordinance, etc., over his veto by a vote of twothirds of the aldermen present, taken by "yeas and nays," and entered upon the journal of the council, the same shall be inoperative. He shall have and exercise such powers and authority as may be conferred by the city council not inconsistent with the general purposes and provisions of

this charter.

Sec. 7. That each ward in the city shall be represented in the council. by two aldermen, elected by the qualified voters of each ward, who shall vote only in their respective wards. No person shall be. an alderman unless he is a qualified elector of the city, and a bona fide resident of the ward for which he is elected.

Sec. 8. That regular meetings of the city council shall be held in the council chamber, at least twice in each month, at such times as may be fixed by resolution of the board, and the mayor of his own motion may call special meetings for the transaction of special business, by written notices served personally upon each member of the board, or left at his usual place of abode. Any three members of the board may in like manner call special meetings of the council; but no special meeting shall be called except in cases of urgent necessity, and the written notices served upon the members of the board shall state the object and purpose for which the meeting is called. General business shall only be transacted at the regular meetings. The city council may adjourn from day to day until the business properly coming before it is disposed of.

Sec. 9. That a majority of the whole number of aldermen elected and qualified shall be required to constitute a quorum, but any four aldermen may convene and compel the attendance of absent members on any day of regular meetings, requiring the city marshal or other police officer to arrest and bring in the absent members.

Sec. 10. That the city council shall adopt rules and regulations for the government of the council in its proceedings, and the order for the transaction of business before it. It shall be the judge of the qualifications and election of the members of the council, including the mayor. It may punish members or other persons during the sittings of the council for disorderly conduct, to the extent that it may fine and imprison by its by-laws and ordinances, and with the affirmative vote of two-thirds of the whole number of aldermen elected and qualified. The council may remove any officer of the city for any conduct or offense, which, in the opinion of the council, expressed by the two-thirds vote, as aforesaid, shall render him unfit to hold his office, but no officer shall be removed