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To pay in full all claims against the State for supplies and money furnished to Captain Dan Tucker's rangers during the San Elizario riot in 1877.. To pay D. T. Garrett in full all money paid into the State Treasury as the purchase money on lands for which he has been unable to acquire title...... To pay for repairing and inclosing of the monument heretofore erected in the memory of veterans who fell at Goliad under Colonel Fannin, which amount above mentioned to be expended under the directions and upon the voucher of the county judge and treasurer of the county of Goliad.... To pay S. D. Reeves in full all claims for the rent

of furniture furnished the Commissioners of Appeals at Tyler during the years 1884 and 1885... To pay the officers of the Travis County District Court in full of all cost incurred and adjudged against the State in eighteen civil cases, in all of which causes the State of Texas was plaintiff, the same being in full of all fees and costs due said officers To refund to purchasers of public domain and other public lands the money paid by them into the State Treasury as the purchase money on lands for which they have been unable to acquire title, for the reasons mentioned in the act of April 14, 1883, page 113, General Laws (one-half to be paid out of the general revenue, and the other fund to which said money belongs)...

For relief of liquor dealers where local option has
been obtained...

To refund to Annie Meyer, John I. Meyer, Nettie
Meyer, Julius C. Meyer, Eli Meyer, and D. H.
Meyer, heirs at law of J. J. Meyer, deceased, for
eighty acres of land in Shackelford County, pur-
chased by said J. J. Meyer, deceased, from the
State, under Chapter 8, Title 79, Revised Statutes,
and which land was by a judgment of the district
court of said county, dated April 28, 1886, declared
to be the property of John B. Kinchen and paid
into the State treasury by said purchase was lost
to him and held by the State without giving
valuable consideration therefor...
To enable the agent of the State of Texas to
collect the original evidence, and supply
records, vouchers, etc., relating to the claim

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Sec. 2. The near approach of the close of the present session of the Legislature creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so enacted. Approved, April 5, 1887.

Sec.

DEAF AND DUMB AND BLIND ASYLUM FOR COLORED YOUTH.

1. Provides that the Governor shall appoint commissioners to select site of, in the vicinity of Austin.

2. Said board to purchase site, and to procure plans, specifications, etc

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CHAP. 147.-[S. H. B. No. 445.] An Act to establish an asylum for the deaf and dumb and the blind of the youth of the people of color of the State of Texas, and to provide for its government and maintenance, and making an appropria

tion therefor.

Section 1. Be it enacted by the Legislature of the State of Texas: That there shall be established an asylum for the deaf and dumb and the blind of the youth of the people of color in this State. It shall be the duty of the Governor of this State immediately after the passage of this act to appoint three commissioners to select a suitable site for said asylum; said site to be at or near the city of Austin, and shall not be less in extent than four acres of ground.

Sec. 2. Said board, after the selection of said site, shall be authorized to purchase the same, and to draw their draft on the Treasurer of the State, to be approved by the Governor, for the payment of the same; and shall have plans and specifications for said buildings prepared and said board shall advertise for bids for the building and completion of the same. Necessary additions, improvements, and repairs may be subsequently made under the authority herein contained for original construction. The selection of said site, the acceptance of all bids for construction, all plans, alterations, and payments or expenditures, shall be subject to the approval of the Governor.

Sec. 3. The board of trustees of this asylum shall appoint, as soon as required, a superintendent of said asylum, whose salary shall be fifteen hundred dollars per year. Said superintendent shall be a man of mature years and experience and familiar with the duties of the position to which he may be elected. He shall be under the control of and subject to removal by said board, and unless sooner removed by said board for cause shall hold his office for a term of two years.

Sec. 4. The board of trustees shall make all necessary rules and regulations for the government of said asylum, said rules and regulations to com

port as nearly as may be practicable with the rules and regulations of the asylums for like purposes in this State. Said board of trustees shall prescribe the duties of all subordinate officers or assistants in said asylum; shall appoint and may remove all such officers or assistants, determine their duties and their compensation; but said rules, appointments, and compensation shall not be in force until approved by the Governor. The admission of all applicants to said asylum, their treatment, instruction, and continuance therein, all questions relating to their dismissal or removal, or voluntary departure, from said asylum, or employment therein or thereabout, shall be governed by the rules and regulations of the State asylums for white youths for the deaf and dumb and blind.

Sec. 5. The sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of the general revenue not otherwise appropriated, for the establishment of said asylum for the colored youth of Texas who are deaf and dumb or blind, in the State.

Sec. 6. The near approach of the end of the present session rendering it improbable that this bill can pass in the regular order of business, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days, and that this act take effect and be in force from and after its passage, and it is so enacted.

[Note. The foregoing act originated in the House, and passed the same by a vote of 76 yeas, 9 nays; and passed the Senate by a vote of 23 yeas, 5 nays.] Approved, April 5, 1887.

Sec.

COSTS PAID BY THE STATE.

1. Amends Article 1054, Chapter 2, Title 15, of the Code of Criminal Procedure, concerning fees allowed sheriff in felony cases.

Sec.

2. Emergency clause.

CHAP. 148.-[H. B. No. 441.] An Act to amend Article 1054, Chapter 2, Title 15, of the Code of Criminal Procedure.

Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1054, Chapter 2, Title 15, of the Code of Criminal Procedure, be so amended as to hereafter read as follows:

Article 1054. To the sheriff or constable shall be allowed the following fees, in all cases where the charge is a felony, whether the defendant be convicted or acquitted, or the case be disposed of by nolle prosequi, or upon judgment of dismissal.

1. For executing each warrant of arrest or capias, or for making arrest without warrant, the sum of one dollar.

2. For summoning or attaching each witness, fifty cents.

3. For summoning jury, two dollars.

4. For executing death warrant, fifty dollars.

5.

For removing a prisoner, for each mile going and coming, including guards and all other expenses, when traveling by railroad, fifteen cents; when traveling otherwise than by railroad, twenty-five cents: Provided, That when an officer goes beyond the limits of the State after a fugitive, on requisition from the Governor, he shall be allowed the same fees and mileage as for like services in this State. for each mile he may be compelled to travel in executing criminal process, summoning or attaching witnesses, five cents; for traveling in the service of process not otherwise provided

for, the sum of five cents for each mile going and returning; if two or more persons are mentioned in the writ, he shall charge for the distance actually and necessarily traveled in the service of the same.

6. For conveying a witness attached by him to any court or grand jury out of his county, his actual necessary expenses by the nearest practicable public conveyances, the amount to be stated by him under oath, and approved by the judge of the court from which the attachment issued, such account to become due when so approved, and the sheriff's or constable's return shall, in every instance, show the time and place of service.

7. For attending a prisoner on habeas corpus, where such prisoner is charged with a felony, for each day, two dollars, together with mileage as above, when removing such prisoner out of the county under proper authority, and all fees accruing under the provisions of this article to the sheriff or constable in cases where the charge is a felony shall become due at the close of each term of the district

court.

Sec. 2. The near approach of the close of the session of the Legislature, and the impossibility to have this act read on three several days in each house, creates an imperative public necessity, and an emergency exists requiring the suspension of the constitutional rule requiring bills to be read on three several days, and that this bill be placed upon its immediate passage, and said rule is so suspended. Approved, April 7, 1887.

Sec.

TAXATION-BOARDS OF EQUALIZATION IN CITIES AND TOWNS.

1. Provides for appointment by the city councils of a board of equalization.

2. Board to meet annually to receive
assessors' lists, etc.

3. Empowers board to send for persons
and papers.
To administer oaths,
etc.

4. Manner of equalizing property-Com-
plaints, etc.

5. Additional duties of assessor and board of equalization.

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CHAP. 149.-[H. B. No. 119.] An Act creating boards of equalization for cities

and towns, and defining their duties.

Section 1. Be it enacted by the Legislature of the State of Texas: That the city councils of the several cities and towns of this State incorporated under the general laws shall annually, at their first meeting, or as soon thereafter as practicable, appoint three commissioners, each being a qualified voter, a resident, and property owner of the city or town for which he is appointed, who shall be styled the board of equalization, and at the same meeting said council shall by ordinance fix the time for the meeting of such board of equalization.

Sec. 2. The board of equalization shall convene annually, at the time fixed by the city council, to receive all the assessment lists or books of the assessor of their city, for examination, correction, equalization, appraisement, and approval, and at all meetings of said board the city secretary shall act as secretary thereof.

Sec. 3. The board of equalization shall cause the assessor to bring before them at the time fixed for the convening of said board, all the assessment lists or books of the assessor of their city, for their examination, that they may see if each and every person has rendered his property at a fair market value; and said board shall have power to send for persons and papers, to swear and qualify persons who testify, to ascertain the value of such property; and if they are satisfied it is too high, they shall lower it to

its proper value; and if too low, they shall raise the value of such property to a proper figure. Said board shall also have power to correct any errors that may appear on the assessor's lists or books.

Sec. 4. The board of equalization shall equalize as near as possible the value of all the improved lots within the corporate limits of their city, having reference to the size and location of said lots and the improvements thereon, and shall equalize the value of unimproved lots as near as possible, having reference to the size and location thereof, and all other property of the same kind shall be made as nearly equal as possible. Any person may file with said board at any time before the final action of said board a complaint as to the assessment of his or any other person's property, and said board shall hear said complaint, and said complainant shall have the right to have witnesses summoned in sustaining said complaint as to the insurance on said property, or the rents and profits it may bring the holder thereof.

Sec. 5. The city assessor at the same time that he delivers to said board his lists and books, as provided in section three of this act, shall also furnish to said board a certified list of the names of all persons who either refuse to swear or qualify or to sign the oath or affirmation as required by law, together with a list of the property of such persons situated within the corporate limits of their city, as made by him through other information, and said board shall examine said lists and appraise the property so listed by the assessor.

Sec. 6. In all cases where the board of equalization shall find their duty to raise the value of any property appearing on the lists or books of the assessor, they shall, after having fully examined such lists or books and corrected all errors appearing therein, adjourn to a day not less than ten nor more than fifteen days from the date of adjournment, such day to be fixed in the order of adjournment, and shall cause the secretary of said board to give written notice to the owner of such property or to the person rendering the same of the time to which said board may have adjourned, and that such owner or person rendering the said property may at that time appear and show cause why the value of said property should not be raised, which notice may be served by depositing the same, properly addressed and postage paid, in the city postoffice.

Sec. 7. The board of equalization shall meet at the time specified in said order of adjournment, and shall hear all persons the value of whose property has been raised, and if said board is satisfied they have raised the value of such property too high they shall lower the same to its proper value.

Sec. 8. The board of equalization, after they have finally examined and equalized the value of all property on the assessor's lists or books, shall approve said lists or books and return them together with the lists mentioned in section five of this act, that he may make up therefrom his general rolls as required by law; and when said general rolls are so made up the board shall meet again to examine said rolls and approve the same if found correct.

Sec. 9. The action of said board at the meeting provided for in section seven of this act shall be final, and shall not be subject to revision by said board or by any other tribunal thereafter.

Sec. 10. The members of the board of equalization and the city secretary while acting as secretary of said board shall receive such compensation for their services, to be allowed by the city council, as said council may deem just and reasonable.

Sec. 11. Before said board shall enter upon their duties they shall be sworn, by any officer authorized by law to administer oaths, to faithfully

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