shall apply as well to collectors of taxes for towns and cities as for collectors of taxes for counties, and they shall be governed in selling real and personal property by the same rules and regulations in all respects as to time, place, manner and terms, and making deeds as are provided for collectors of taxes for counties.

Sec. 11. Should the collector of taxes for any city or town fail to make sale of any real estate for want of a purchaser, he shall bid the same off to the city or town for the taxes and penalties and costs thereon, and make due return thereof to the city council or board of mayor and aldermen, and said collector shall, on final settlement of his accounts with the municipal authorities of such city or town, be entitled to a credit. for the amount of taxes due the city or town, for the amount for which the land or lots were bid off to the city or town; provided, that the rolls of delinquent taxpayers in any city or town, when duly certified to by the recorder or clerk of said city or town, and placed in the hands of said tax collectors, shall be authority to said tax collectors to seize and sell the property, as provided in this act.

Sec. 12. Should the collector of taxes fail to make sale of any real estate for want of a purchaser, he shall bid the same off to the state for the taxes and penalties due, and all costs accruing thereon, and make due return thereof, under such forms and directions as the comptroller may furnish and direct, and he shall, on final settlement of his accounts with the commissioners' court and the comptroller of public accounts, be entitled to a credit for the amount of taxes due the state and county, respectively, for which the land or lots were bid off to the state.

Sec. 13. The collector of taxes shall make duplicate lists of all real estate sold for taxes, and file one copy in the county clerk's office for record and forward a certified copy to the comptroller of public accounts.

Sec. 14. All lands and town lots sold to the state, or to a city or town, shall be subject to redemption in the manner and under the same regulations as land sold to individuals, and in case of collectors of taxes for cities or towns, said collectors shall make duplicate lists of all real estate sold by them for taxes, and file one copy thereof with the clerk or recorder of said cities or towns.

Sec. 15. When lands upon which there are back taxes due, were assessed at the comptroller's office upon the basis for value of an average of the value of all lands in the county, it shall be lawful for the party paying such back taxes, to pay at the rate of the assessed value for the year 1876.

Sec. 16. No delinquent taxpayer shall have the right to plead in any court or in any manner rely upon any statute of limitation by way of defense against the payment of any taxes due from him or her, either to the state or any county, city or town.

Sec. 17. That whenever it shall appear to the collector of taxes in any county in this state, that any person who is a delinquent in the payment of his or her taxes, has no property in his county out of which said amount of taxes can be collected, it shall be the duty of such collector to make out from the assessment list a true and complete list or schedule of the taxes due by said delinquent, which shall be certified to under the official seal and signature of said collector, and to forward the same to the collector of taxes of any county or counties where he shall have reason to believe said delinquent has property of any description, and if said property is in any of the unorganized counties of this state, then to the collector of the county to which said unorganized county is

attached for judicial purposes, and when received by said collector, he shall at once proceed to the collection of said tax by seizure and sale in the same manner as if said taxes were originally assessed and due in his said county, and shall report to the collector from whom said list was received the taxes so collected by him.

Sec. 18. Whenever the assessment list of the assessor is approved by the commissioners' court, if any person who has listed any personal property for taxation shall be about to remove said property from the county, the taxes so assessed shall in such case become due and the collector of taxes shall be required to proceed at once to the collection of said tax in the same manner as other taxes when due.

Sec. 19. There being no law now in force for the collection of delinquent taxes creates a necessity that this act shall take effect from its passage, and it is so enacted.

Approved July 4, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XVIII.-An act to change the form of certain securities. therein named.

Section 1. Be it enacted by the Legislature of the State of Texas, That the coupon bonds in the state treasury to the credit of the University fund, University land sales, the permanent school fund, the Agricultural and Mechanical College fund, the Deaf and Dumb Asylum fund, the Blind Asylum fund and the Lunatic Asylum fund, be changed into manuscript-registered bonds, so framed as to include in each bond as large an amount of each series, belonging to each fund, as may be practicable and convenient, to be executed and signed by the governor and treasurer and countersigned by the comptroller, payable to each of these several funds, bearing the same rate of interest and payable at the same periods as set forth in the coupon bonds; and that said bonds, so executed, after being compared and found correct as to amounts due the several funds, and so certified to by the governor, comptroller and treasurer, shall be registered in the comptroller's and treasurer's offices.

Sec. 2. That after the coupon bonds are so substituted by the manuscript-registered bonds, the said coupon bonds shall be burned by the comptroller and treasurer in the presence of the governor, and a list of the bonds so destroyed shall be filed in the office of the comptroller and treasurer.

Sec. 3. That hereafter whenever coupon bonds, to the amount of ten thousand dollars, shall come into the treasury to the credit of either of the funds named in this bill, they shall be substituted by registered-manuscript bonds as provided for in the first section of this act, and the coupon bonds destroyed as provided in section two.

Sec. 4. The late hour in the session at which this bill receives consideration, creates an emergency and imperative public necessity that the rule be suspended requiring this bill to be read on three several days, and that it take effect from and after its passage, and it is therefore so enacted.

Approved July 5, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XIX.-An act amending article 896, chapter one, title eleven of the Code of Criminal Procedure, approved April 24, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter article 896, chapter one, title eleven of the Code of Criminal Procedure, shall read as follows:

"Article 896. The jurisdiction given to mayors and recorders of incorporated towns and cities shall not prevent justices of the peace from exercising the criminal jurisdiction conferred upon them; but in all cases where there is an incorporated town or city within the bounds of a county, the justice and the mayor or recorder shall have concurrent jurisdiction within the limits of such town or city. And no person shall be punished twice for the same act or omission, although such act or omission may be an offense against the penal laws of the state as well as against the ordinances of such city or town; provided, that no ordinance of a city or town shall be valid which provides a less penalty for any act, omission or offense, than is prescribed by the Statutes, where such act or omission is an offense against the state."

Sec. 2. That injustice in the past, and the certainty of its continuance in the future in this matter, unless remedied, creates an emergency and great public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is hereby suspended, and this act shall be in force and take effect from and after its passage.

Approved July 5, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XX.-An act to amend section two of an act entitled "an act to provide for the printing, binding and distribution of the Revised Civil Statutes, Penal Code and Code of Criminal Procedure," approved April 26, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That section two of an act entitled "An act to provide for the printing, binding and distribution of the Revised Civil Statutes, Penal Code and Code of Criminal Procedure, approved April 26, 1879," be amended and re-enacted so as to hereafter read as follows:

"Sec. 2. Said Revised Civil Statutes, Penal Code and Code of Criminal Procedure, and the amendments thereto passed by the Sixteenth Legislature, shall, together with the constitution of the United States and of this state, be published in a volume to be entitled the "Revised Statutes of Texas," and in the publication thereof, the head and marginal indices and references, titles, chapters and articles as contained and numbered in the acts by which the same were adopted and established, shall be retained and published therein, together with a full and accurate index to each Code and the Revised Statutes, in the preparation of which the index to the bills reported by the commissioners appointed to revise the laws shall be conformed to the volume to be published and adopted as the index thereto, so far as the same shall be found to be correct; and the governor shall appoint a codifier, whose duty it shall be to select from the acts passed at the regular session of the Sixteenth Legislature all amendments to said Codes and Revised Statutes, and insert the amended articles in the place (49)

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of the original articles of the acts adopting the Codes and Revised Statutes, and when new articles have been added to any chapter and title, he shall insert the new articles in their proper places, and shall note by marginal or foot references to the page of an act amending an article, or by which a new article was enacted; and where any general law passed by the Sixteenth Legislature modifies an article, but the same is not amended and re-enacted in said law, he shall leave the article of the Codes and Revised Statutes as it was adopted, but shall by note refer to the law so modifying the article. He shall complete this part of his work by the time the publisher contracted with under this act is ready for the copy. And the codifier appointed under the section of which this is an amendment shall copy all amendments to said Codes and Revised Statutes passed at the present extra session of the Sixteenth Legislature, so soon as signed by the governor, and insert them in their proper places and shall note all laws passed at said session that may modify, but do not in terms amend an article or chapter of said Codes and Revised Statutes. He shall prepare an accurate index of each Code and the Revised Statutes as amended, and shall read and revise the proof of the Statutes, indices, etc., as printed. For his services he shall receive the same compensation as was allowed the commissioners who revised the Codes and Revised Statutes for the time he is necessarily engaged in the duties required of him, the same to be paid from time to time, not to exceed six hundred dollars, upon certificate of the governor. That the sum of two hundred and fifty dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated to carry this act into effect. The printing board may, in their discretion, cause said volume of Revised Statutes to be electrotyped or sereotyped (stereotyped) as may seem best; provided, that nothing contained in this amendment shall be so construed as to in any wise interfere with the contract already made for the publication of said Revised Statutes further than to secure the insertion of the amendments aforesaid; and provided further, that the contractors for the publication thereof will insert the amended articles of the present extra session as herein provided at not exceeding fifty dollars of additional cost to the state and above the present contract price therefor."

Sec. 2 (3). The necessity for the publication of the Revised Statutes of Texas in as complete a form as possible, and their early distribution. among the people create a public necessity and emergency that the rule requiring this bill to be read on three several days be suspended, and that this act take effect and be in force from and after its passage; and it is so enacted.

Approved July 5, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXI.—An act prescribing the times of holding the district courts in the several counties composing the twenty-second judicial district.

Section 1. Be it enacted by the Legislature of the State of Texas, That the terms of the district court for the twenty-second judicial district shall be held in the several counties thereof at the times hereinafter specified, in each year, to wit:

In the county of Atascosa, beginning on the first Mondays in May and November, and to continue in session two weeks.

In the county of Bexar, beginning on the first Monday in March and to continue in session eight weeks; on the first Monday in June, and to contiue in session four weeks; on the first Monday in September, and to continue in session eight weeks; and on the first Monday in December, and to continue in session eight weeks:

In the county of Comal, beginning on the third Mondays of May and November, and to continue in session two weeks.

Sec. 2. All writs and process returnable to the said district courts as heretofore fixed shall be returnable to the several terms as fixed by this act, and shall be as valid and binding as if no change had been made. Sec. 3. All laws and parts of laws heretofore enacted which conflict with any of the provisions of this act are hereby repealed.

Sec. 4. And whereas the changes herein made of the times of holding the district courts in the twenty-second judicial district would cause a conflict between the existing law and this act, should this act not take effect until ninety days after the adjournment of this session of the Legislature, and the September term of the district court in the county of Bexar coming on prior to the expiration of the said ninety days, an emergency exists such as is contemplated by the constitution in such cases, and it is therefore enacted that this act take effect and be in force from and after the first day of August, 1879.

Sec. 5. The short duration of the present session of the Legislature, and the vast amount of business before the same creates an imperative public necessity that the rule requiring bills to be read on three several days be, in case of this act, suspended, and that the same be passed at once, and it is accordingly so enacted.

Approved July 5, A. D. 1879.

Takes effect from and after first day of August.

CHAPTER XXII.-An act to amend article 4652, chapter five, of title ninety-three of the Revised Civil Statutes.

Be it enacted by the Legislature of the State of Texas, That article 4652, chapter 5 of title 93 of the Revised Civil Statutes shall hereafter read as follows:

"Article 4652. Whenever any person shall be about to drive or ship any stock out of the state, if the inspector shall believe, or is informed by any credible person that said person has other stock in his herd than those covered by his original certificate of inspection, or by subsequent purchase duly attested by proper bill of sale, the inspector at said point of shipment or border county where said person leaves the state, shall be authorized to inspect said stock in the same manner as in the original inspection; and if any stock is found in said herd other than those covered by his original certificate of inspection, or by subsequent purchase duly and properly authenticated by bill of sale, the fees of said inspector shall be paid as provided in article 4635 of this chapter; provided, that the said inspector shall in no case be authorized to receive or demand more than three cents per head for each head of cattle inspected, but if not, then said fees shall be paid by the person at whose instance said inspection was made; and if said inspection is made by the inspector, at his