day specified in the notice, and he shall have the owner or owners of the land to be taken, summoned to appear at the same time and place, and if the owner can not be found, then notice to be served on the agent of such owner; if any of the twelve freeholders do not appear at the time and place, the marshal shall summon the requisite number to fill the vacancies until there is a panel of twelve. From this list, the owner of the land shall have a right to strike off three, and the mayor in behalf of the city, shall have a right to except to three, and the remaining first six shall constitute a board of appraisers; said board shall have power to regulate their time of sitting, to enforce the execution of all necessary process, and they shall be presided over by the mayor, who shall instruct the board upon all questions of law arising, but shall have no voice in determining the value of the land. A majority of the board may determine and report value of the land."

SEC. 4. That section 90 of the charter of the city of Dallas be so amended as to read as follows:

"Section 90. The city council shall have a right to annually levy and collect a poll tax, not exceeding one dollar ($1 50) and fifty cents for every year, upon all male persons, over the age of twenty-one and under sixty, residents of the city at the time of assessment."

SEC. 5.

as follows:

That section 62 of the city charter be amended so as to read

"Section 62. The city council shall have the right to enact all necessary ordinances to restrain and punish vagrants, mendicants, street beggars and prostitutes; to restrain, punish, regulate and control all disorderly houses of prostitution or assignation and the keepers and inmates thereof; to regulate, punish or control all gambling and keepers of games and gambling houses and those who bet on games and gambling devices, where there is an ordinance of the city of Dallas in force, punishing this or any other misdemeanor with as great a penalty as the same is punished by the statute of the State. The mayor's court of the city of Dallas shall have jurisdiction of such misdemeanors when committed in the corporate limits of the city of Dallas."

SEC. 6. That section 82 of the charter of the city of Dallas be amended so as to read as follows:

"Section 82. The city council shall have power to pass, publish, amend or repeal all ordinances, rules and police regulations, not contrary to the constitution of the State, and necessary for the peace, order or good government of the city or the trade, commerce and health thereof, or that may be necessary and proper to carry into effect the powers vested in the corporation or any of its officers by the act of incorporation of date August 9, A. D. 1876, and this and other amendments thereto. To enforce the observance of all such ordinances, rules and police regulations and to punish violations thereof by fines and imprisonment, or either or both, or by work on the streets or other public works as may be provided by ordinance and required by the judgment of the court; provided, that no fine shall exceed two hundred dollars, or period of imprisonment exceed fifteen days in city jail, but the city of Dallas shall have a right by ordinance to inflict penalties not exceeding this either in fine or imprisonment."

SEC. 7. Whereas, the present session of the Legislature is near adjournment, and it is necessary that this bill be enacted to secure to the city of Dallas greater economy and efficiency in the administration of her government, an emergency and imperative public necessity exists that the

UNIVERSITY, STATE-Continued.

duty of regents..

cost of buildings.

regents to report to board of education and to the Legislature..
board of visitors..

act in reference to, amended....

certain counties exempt from certain provisions of the law.

WISE COUNTY—

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constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force thirty days from and after its passage.

Approved April 5, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XIV:-An act entitled an act to amend sections 87, 96 97, 98, 99, 127, 131 and 132, of "An act to incorporate the City of Galveston, and to grant a new charter," approved August 2, 1876.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section 87 of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:

"Section 87. Nothing contained under the head of taxation shall be construed to prevent the city council from imposing, levying and collecting special taxes and assessments for the improvement of the harbor, avenues, streets and alleys, as hereinafter provided.”

SEC. 2. That section 96 of said act be and the same is hereby amended, so that hereafter it shall be as follows, to wit:

"Section 96. That if any person shall fail, neglect or refuse to pay the taxes imposed upon him and his property within the time prescribed by the ordinances of said city, the collector shall, by virtue of his tax list and assessment roll, levy upon so much property liable to taxation belonging to such person, whether resident or non-resident, as may be sufficient to pay his, her or their taxes, and if the property levied on be personal property, the collector shall give notice of the time and place of sale, together with a brief description of the property levied on and to be sold, with the amount of taxes, interest, costs and fees due thereupon, for at least ten days previous to the day of sale, by advertisements in writing, to be posted at the courthouse door of Galveston county, and at two other public places within said city limits; and at the expiration of such notice, and on the day therein specified, the collector shall proceed to sell such property, at public auction, in front of the courthouse door of said Galveston county, within the limits aforesaid. In making sales of real property for taxes, the collector shall advertise the same for sale, by posting a list of the names of delinquents, for thirty days, as follows: one copy at the courthouse door of the county of Galveston, and a copy at two other public places within said city limits, giving in said advertisement such description as is given to the same on the tax roll in his hands, stating the name of the owner, if known, and if unknown, saying "unknown," together with the time, place and terms of sale; said sale to be for cash, to the highest and best bidder, at public outery, at said courthouse door, within said limits, between legal hours, on the first Tuesday of the month. The collector of taxes, in making sales for taxes due upon real estate, shall sell at auction, at the time and place appointed, so much of said real estate as may be necessary to pay the taxes, interest and penalties due, and all costs accruing thereon; and shall offer said real estate to the bidder who will pay the taxes, interest and penalties due, and costs of sale and execution of deed, for the least amount of said real estate, who shall be deemed the highest bidder. Should a less amount of said real estate than the whole parcel levied upon be sold for the taxes, interest and penalties due, and all costs of sale and execution and deed, the

collector shall, in making his deed to the purchaser, begin at some corner of said parcel of real estate (or lot or lots), and designate the same in a square as nearly as practicable. No real estate set apart, used or designated as a homestead shall be sold for taxes, other than the taxes due on such homestead; and if any person shall point out to the collector of taxes, within thirty days from the time the same shall become due, sufficient personal property belonging to him to pay all taxes assessed against him, together with interest, penalties and costs, the collector shall immediately levy upon and sell such property so pointed out, in accordance with the provisions hereinbefore mentioned, regulating tax sales' of personal property."

SEC. 3. That section 97 of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:

"Section 97. The collector of taxes shall execute and deliver to the purchaser, upon the payment of the amount for which the estate was sold, and costs and penalties, a deed for the real estate sold, which deed shall vest a good and perfect title in the purchaser, if not redeemed in two years, as hereinafter provided, which deed shall state the cause of sale, the amount sold, the price for which the real estate was sold, the name of the person, firm, company or corporation on whom the demand for the taxes was made, provided the name is known, and if unknown, saying 'unknown,' the same description of the land as given in the tax rolls, and such other description as may be practicable, for better identification; and when real estate has been sold he shall convey, subject to the right of redemption hereinafter provided for, all the right and interest which the former owner had therein at the time when the assessment was made. The deed of the collector, as herein before provided, of any real estate sold, shall be prima facie evidence in all controversies and suits in relation to the right of the purchaser, his, her or their assigns, to the premises thereby conveyed, of the following facts:

"First, that the land or lot or portions thereof conveyed, was subject to taxation or assessment, at the time the same was advertised for sale, and had been listed in the time and manner required by law.

"Second, that the taxes or assessment were not paid at any time before the same.

"Third, that the land, lot or portion thereof conveyed, had not been redeemed from the sale at the date of the deed, and shall be conclusive evidence of the following facts:

"1. That the land, lot or portion thereof sold, was advertised for sale in the manner and for the time required by law.

"2. That the property was sold for taxes or assessments, as stated in the deed.

"3. That the grantee in the deed was the purchaser.

"4. That the sale was conducted in the manner prescribed by law; and in all controversies and suits involving the title to land claimed and held under and by virtue of such deed, the person or persons claiming adverse to the title conveyed by such deed, shall be required to prove, in order to defeat the said title, either that the land was not subject to taxation at the date of the sale; that the taxes or assessment had been paid; that the land or lots had never been listed and assessed for taxation and assessment as required by this act, or some ordinance of the city, or that the same had been redeemed according to the provisions of this act, and that such redemption was made for the use and benefit of the persons having the right of redemption under the law; but no person