at large in the streets; to establish and maintain a city police, prescribe the duties of policemen, and regulate their conduct; to provide for lighting the streets, and for this purpose may establish gas works for the manufacture of gas for the use of the city and the inhabitants thereof at cost price; to determine in what part of the city slaughter houses, bone boilers, soap makers, or other establishments for any business which is or may be injurious to the value of adjacent property, or unwholesome or disagreeable to the occupant of adjacent property, shall not be allowed to be erected; to determine in what part of the city wooden buildings shall not be erected; within the limits prescribed no person shall be permitted to erect such buildings; to prevent gunpowder or other explosive material, kerosine oil or other inflammable oils, being stored within the city limits in such quantity as to endanger the safety of adjacent property; to provide means for the protection against and extinguishment of conflagrations, and for the regulation, maintenance and support of a fire department; to permit or forbid theatres, balls, or other public amusements, and to suppress the same whenever the preservation of order, tranquility or public safety may require; to close dram shops, drinking saloons and other places where intoxicating liquors are sold, whenever necessary or expedient; to define what shall be nuisances in said city, and to abate them by summary proceedings; to provide a work-house for vagabonds and disorderly persons who are unable to pay fines, and to make regulations concerning the same; to regulate weights and measures in the city, affix penalties for violation, fix standard, etc.; also, that the city council may provide, own and maintain water works for the use of the city and its inhabitants; to provide and keep a city prison; to make all needful and proper regulations concerning bakers, butchers, keepers of taverns, grog-shops, and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers and drivers of baggage-wagons, and especially to preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains; to prevent extortion by carriers of passengers or baggage, hacks, drays, and all public conveyances, by establishing maximum rates of charges; to direct and control the laying and construction of railroad tracks turnouts and switches, and to require that they be constructed and laid so as to interfere as little as possible with the ordinary travel and use of streets; to require railroad companies to keep the streets through which they run in repair, and to light the same whenever deemed necessary; to construct and keep in repair bridges and crossings at the intersection of streets and avenues, and over all ditches, sewers and culverts on the line of the railway; to regulate the speed of engines and locomotives within said city; to control and regulate everything concerning street railways, and generally to make and estab. lish all rules, regulations, by-laws and ordinances which may contribute to and promote the better administration of the affairs of said city, as well as for the maintenance of the peace, tranquility and safety of said city, and for the protection of the persons and property of its inhabitants. The city council of the city of Houston are hereby empowered and authorized to take and condemn land and real estate in said city to the public use, viz: for streets, alleys and public highways, for extending, straightening and widening those streets now in use, for public wharves and landing places for steamers and other water craft, and for public squares, parks and pleasure grounds. For the condemnation of any

or otherwise improve the same, to put drains and sewers therein, to prevent the encumbering thereof in any manner, and to protect the same from any encroachment or injury; to regulate, establish and alter the grade of all premises, and to require and compel the filling up and raising of the same; to establish, erect, construct, regulate and keep in repair all bridges, culverts, sewers, sidewalks and crossings, and to regulate the use and construction of the same, and to abate and punish any obstructions or encroachments thereon; and the cost of the construction of all such sidewalks, and grading done thereon, or the filling up and raising the grade of any premises, shall be defrayed by the owners of the lot or part of lot or block on which such sidewalk may front, or such grading or filling is done, and the cost of same, together with the cost of the collection thereof, shall be a good and valid charge against the owners of such lot or lots or block, and a lien and encumbrance upon the lot or part of lot, block or premises upon which, or in front of which, said improvements may be constructed, which amount shall be assessed as a tax against the property and the owners thereof, and may be collected and the lien foreclosed in any court having jurisdiction; provided, that all improvements of sidewalks, fillings and gradings shall be advertised, and let out by contract to the lowest and best bidder. The city council shall be invested with full power and authority upon the consent of a majority of the resident owners on both sides of any street, avenue or highway or of such portion thereof as may be proposed to be improved, to grade, shell, pave, repair or otherwise improve any avenue, street, alley or other highway, or any portion thereof, within the limits of said city whenever by a vote of two-thirds of the aldermen elected, they may deem such improvement for the public interest; the cost of which grading, shelling, paving or repairing shall be done at the cost and charge of the owners of the lot or lots or block fronting upon the alley, avenue, street or other highway so improved; and to make provision for the payment of the cost and expense of such improvements and the cost of collecting the same, the city council shall have full power to assess, levy and collect a tax upon the lot or lots or block or blocks fronting on such alley, avenue, street or other high. way, which tax, when so levied and assessed, shall be a valid charge against the owner or owners of such lot or lots or block, as well as a lien and encumbrance upon the property itself, which amount may be collected and the said lien enforced in any court of competent jurisdiction; provided, that the city alone shall pay for the improving of the intersections of the streets from block to block across the streets either way; and provided further, that no one shall be made to pay for any improvement done on any street that may be paved or otherwise improved as hereinbefore provided, save for the proportional part of the street that may be in front of his property, and in no event shall such owner be compelled to pay for the improvement of such street more than twenty-five per cent. of the assessed value of his property fronting thereon, and that any railroad or street railway company shall be liable for any grading, paving or other improvement made upon any portion of said streets used or occupied by such companies; to secure the safety and convenience of passing in the streets, sidewalks and other places in the city, to fix the squaring, and to prevent encroachments and obstructions on the streets, sidewalks, squares, ways, levees and public roads and places; to fix the place for anchoring all water craft on Buffalo Bayou; to establish an active system of inspection over the conduct of persons and premises, to prevent cattle, horses, swine, goats, geese and animals from running

at large in the streets; to establish and maintain a city police, prescribe the duties of policemen, and regulate their conduct; to provide for lighting the streets, and for this purpose may establish gas works for the manufacture of gas for the use of the city and the inhabitants thereof at cost price; to determine in what part of the city slaughter houses, bone boilers, soap makers, or other establishments for any business which is or may be injurious to the value of adjacent property, or unwholesome or disagreeable to the occupant of adjacent property, shall not be allowed to be erected; to determine in what part of the city wooden buildings shall not be erected; within the limits prescribed no person shall be permitted to erect such buildings; to prevent gunpowder or other explosive material, kerosine oil or other inflammable oils, being stored within the city limits in such quantity as to endanger the safety of adjacent property; to provide means for the protection against and extinguishment of conflagrations, and for the regulation, maintenance and support of a fire department; to permit or forbid theatres, balls, or other public amusements, and to suppress the same whenever the preservation of order, tranquility or public safety may require; to close dram shops, drinking saloons and other places where intoxicating liquors are sold, whenever necessary or expedient; to define what shall be nuisances in said city, and to abate them by summary proceedings; to provide a work-house for vagabonds and disorderly persons who are unable to pay fines, and to make regulations concerning the same; to regulate weights and measures in the city, affix penalties for violation, fix standard, etc.; also, that the city council may provide, own and maintain water works for the use of the city and its inhabitants; to provide and keep a city prison; to make all needful and proper regulations concerning bakers, butchers, keepers of taverns, grog-shops, and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers and drivers of baggage-wagons, and especially to preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains; to prevent extortion by carriers of passengers or baggage, hacks, drays, and all public conveyances, by establishing maximum rates of charges; to direct and control the laying and construction of railroad tracks turnouts and switches, and to require that they be constructed and laid so as to interfere as little as possible with the ordinary travel and use of streets; to require railroad companies to keep the streets through which they run in repair, and to light the same whenever deemed necessary; to construct and keep in repair bridges and crossings at the intersection of streets and avenues, and over all ditches, sewers and culverts on the line of the railway; to regulate the speed of engines and locomotives within said city; to control and regulate everything concerning street railways, and generally to make and estab. lish all rules, regulations, by-laws and ordinances which may contribute to and promote the better administration of the affairs of said city, as well as for the maintenance of the peace, tranquility and safety of said city, and for the protection of the persons and property of its inhabitants. The city council of the city of Houston are hereby empowered and authorized to take and condemn land and real estate in said city to the public use, viz: for streets, alleys and public highways, for extending, straightening and widening those streets now in use, for public wharves and landing places for steamers and other water craft, and for public squares, parks and pleasure grounds. For the condemnation of any

land or real estate, the following proceedings shall be had: The city attor ney or attorneys, employed by the city for that purpose, shall file a petition in the district court of Harris county against the owner of the land or real estate sought to be condemned for any of the purposes aforesaid, setting forth, first, the name or names and residence of the owner or owners, if known, and if unknown the same shall be stated; second, the description by metes and bounds of any actual survey, had for that purpose, of the land or real estate sought to be condemned; third, the purpose for which the same is proposed to be taken and applied; fourth, the supposed value of the property to be condemned; fifth, the prayer that the same be condemned to the public use for the purpose stated; and, upon the filing of such petition, like proceedings shall be had thereon as in other civil suits, and when personal service can not be had by reason of the defendant being a non-resident or unknown, service by publication shall be made as provided in other cases in the district court, and upon trial the court shall proceed to render judgment, condemning the land to public use, upon the payment of the value thereof as assessed by the jury, and upon any suit being brought thereafter against the said corporation for such property so condemned, a copy of the judgment and an actual tender of the money in court shall be sufficient answer in bar of a recovery in any such suit. All costs of proceedings for the condemnation of land and real estate under this act shall be taxed against the plaintiffs, including reasonable fees of the attorney, which the court shall appoint to represent the defendant when cited by publication."

"Sec. 31. That the city council shall have power by ordinance to annually levy, assess and collect taxes not exceeding two per cent. ad valorem upon all real and personal estate and property in the city not exempt from taxation, and to determine when taxes shall be paid by corporations or when by individual incorporators, and to levy and collect from each male inhabitant of the city over the age of twenty-one years an annual poll tax of one dollar. All taxes on real estate shall be a lien and charge upon the property, and it may be subjected to the payment of the same, and on all past due taxes, the city of Houston shall be entitled to charge and collect interest at the rate of ten per centum per annum from and after such tax or taxes shall have become due and payable.'

Whereas, there is now no law providing for the efficient management, control and improvement of the streets and sidewalks in the city of Houston, and the same are in a dreadful condition on that account, there exists an imperative public necessity for dispensing with the constitutional rule requiring this bill to be read on three several days in each house of this Legislature, and an emergency which requires this act to take effect from and after its passage, and it is so enacted.

Approved March 9, A. D. 1881.

Takes effect from passage.

CHAPTER III.—An act to authorize the commissioner of the general land office to approve the bounty land warrant for nineteen hundred and twenty acres of land, issued on the twenty-fifth day of November, 1846, by Wm. G. Cooke, adjutant general, to the heirs of Wm. N. French.

WHEREAS, it appears that bounty land warrant No. 149, for nineteen hundred and twenty acres of land, was, on the twenty-fifth day of November, 1846, issued by Wm. G. Cooke, adjutant general, to the heirs

of Wm. N. French; and, whereas, it further appears from the certificate of the commissioner of the general land office that said bounty warrant has never been located and surveyed, and that no certificate has been issued in lieu thereof under any special act, and further that said bounty warrant, not having been presented to the commissioner of claims for his approval, is, under the ninth section of the act of February 7, 1860, barred, and can not be located; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of the general land office be and he is hereby authorized to approve said bounty warrant, and to issue a patent for the amount of land named, when the same shall have been located and surveyed.

SEC. 2. The near approach of the end of this session of the Seventeenth Legislature, and the fact that the Legislature can not grant the relief herein sought after April next, on account of a constitutional provision on the subject, creates an emergency and an imperative public necessity, justifying the suspension of the constitutional rule requiring all bills to be read on three several days, and that this act take effect and be in force from and after its passage, said rule is therefore suspended, and it is enacted that this act take effect and be in force from and after its passage.

Approved March 18, A. D. 1881.

Takes effect from passage.

CHAPTER IV.-An act for the relief of W. M. Harrison and

L. A. Ellis.

WHEREAS, On the fourteenth day of February, A. D. 1880, a judgment was recovered in favor of the State of Texas, in the district court of Travis county, against T. M. Bagby, late sheriff and tax collector of Marion county, and Wm. M. Harrison, and L. A. Ellis, as sureties on the bond of said Bagby, for the sum of six thousand four hundred and eighty dollars and eighty-eight cents ($6480 88), on which a credit of one thousand dollars has been entered; and whereas, there was, at the time of the rendition of said judgment, an agreement that the collection of the same should be stayed until such time as said sureties might be able to present their equities for relief to the Seventeenth Legislature; and whereas, said sureties have made it satisfactorily to appear that at the time of the rendition of said judgment, said Bagby was entitled to the following just and equitable offset against said claim of the State, which was unknown to said sureties at said time, and which was not presented nor considered on the trial of said cause to wit: A portion of the delinquent and insolvent list of the tax-payers of Marion county for the year A. D. 1877, amounting to fifteen hundred and ninety-nine dollars and forty-three cents; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the clerk of the district court of Travis county, Texas, be and he is hereby authorized and required to enter a credit upon a judgment recorded for the sum of six thousand four hundred and eighty dollars and eighty-eight cents, against T. M. Bagby, late sheriff of Mariou county, and Wm. M. Harrison and L. A. Ellis, his sureties, rendered in said district court of Travis county on the fourteenth day of February, 1880, the amount of fifteen hundred and ninety-nine dollars and forty-three cents