be and the same is hereby amended so that hereafter it shall be as follows, to wit:

SECTION 158. The members of the city council shall be exempt from jury service during the term of office; each alderman shall be fined seven dollars for every meeting which he fails to attend, unless on account of his own sickness. Any member of the city council remaining absent for three consecutive meetings thereof, whether such meetings be regular, adjourned, special, or called meetings, seven days intervening between such meetings, without first having obtained leave of absence at a regular meeting shall be deemed to have vacated his office, and the mayor shall cause the vacancy to be filled in accordance with the charter.

SEC. 34. That Section one hundred and fifty nine (159) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:

SECTION 159. The city council shall have power to prescribe the duties of all officers and persons appointed or elected to any office or place whatsoever under this act. Subject to the provisions of this act, to revoke any license given under this act; to remit in whole or in part, and on such conditions as shall be deemed proper, by a vote of two thirds of all the aldermen elected, any fine or penalty belonging to the city, which may be imposed, or incurred under this act, or under any ordinance or resolution passed in pursuance thereof.

SEC. 35. That section one hundred and sixty one (161) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:

SECTION 161. The city council shall, on or before the first day of January, in each and every year, fix the annual salary of all officers appointed or elected under this act, except those whose compensation is fixed by this act, and the compensation or salary so fixed shall not be changed during the year, for which the same are fixed.

SEC. 36. That section one hundred and seventy (170) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:

SECTION 170. That no officer of this city shall receive a larger compensation for his services than at the rate of three thousand dollars per annum, and that no officer shall receive fees.

SEC. 37. That section one hundred and seventy one (171) of this act be and the same is hereby amended so that hereafter it shall be as follows, to wit:

SECTION 171. No salary not fixed or limited in this charter, shall exceed eighteen hundred dollars ($1800) per annum for any office which the city council are authorized to create.

SEC. 38. There shall be elected on the first Monday in March, 1884, one alderman in each of the odd-numbered wards, who shall hold their offices for one year and until their successors are elected and qualified. The first biennial ele. tion under this act shall be held on the first Monday in March 1885.

SEC. 39. That all laws and parts of laws in conflict or inconsistent with the provisions of this act be and the same are hereby repealed.

SEC. 40. Whereas, an urgent necessity requires it, and a great public emergency exists that the city of Galveston shall have better defined power to improve its streets and secure the better government of said city, it is hereby enacted that this act shall take effect and be in force from and after its passage, and the near approach of the election in said

city, and the early closing of the session of the Legislature, causes an imperative public necessity which justifies a suspension of the rule requiring this bill to be read on three several days and it is so suspended Approved March 7th, 1883.

Takes effect from passage.

No. 2.

An Act for the relief of J. W. Chowning, H. Chowning, J. R. Sumner, W. P. Bean, R. F. Jones, J. A. Creager, J. P. Wilson, George W. Darby, C. M. Byars, J. A. Stingley, T. W. Linkhart & Co., T. W. Robinson and Ull Musick, deceased.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Commissioner of the General Land Office be, and is hereby required to issue to T. W. Robinson as trustee for J. W. Chowning, H. Chowning, J. R. Sumner, W. P. Bean, R. F. Jones, J. A. Creager, J. P. Wilson, George W. Darby, C. M. Byars, J. A. Stingley, T. W. Linkhart & Co., T. W. Robinson and the heirs of Ull Musick, patents for all State school section number 18, for 640 acres of land, and the north half of State school section No. 64, for 640 acres of land; both of said sections being in block No. 12 of the Houston and Texas Central Railroad surveys situated in Wilbarger county, Texas; the same being the land on which the town of Vernon, the county seat of Wilbarger county is now situated; provided, that the said T. W. Robinson, trustee as aforesaid shall within thirty days after the passage of this act, pay to the Treasurer of the State the sum of two dollars per acre for said land, and file the Treasurer's receipt for the same in the General Land Office and shall pay all fees due the State for the issuance of patents to the same.

SEC. 2. The near approach of the close of the session creates an imperative public necessity for suspending the rule requiring this bill to be read on three several days, said rule is therefore suspended.

Approved March 13, 1883.

Takes effect ninety days after adjournment.

No. 3.

An Act to amend Sections 7, 14, 21, 33, 35, 36, 40, and 45 of an Act incorporating the city of Houston in Harris county approved April 21st A. D. 1879 and Sectious 23 and 31 of said Act as amended by an Act of the Legislature of the State of Texas, approved March 9th A. D. 1881 and substituting the following Sections therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Sections 7, 14, 21, 33, 35, 36, 40 and 45 of an Act incorporating the city of Houston approved April 21st A. D. 1879 and Sections 23 and 31 of said Act as amended by an Act of the Legislature of the State of Texas, approved March 9th Å. D. 1881, be so amended as to hereafter

read as follows.

SECTION 7. That each ward in the city shall be represented in the city council by two aldermen, who shall hold office for two years and until their successors are elected and qualified: said aldermen shall be elected by the qualified voters of the ward for which they stand, who

shall vote only in their respective wards. No person shall be competent to fill the office of alderman unless he be at the date of his election a qualified voter of the city, a freeholder therein and a bona fide resident of the ward for which he is elected.

SECTION 14. That there shall be a secretary and treasurer, a city marshal and an assessor and collector of taxes, who shall be nominated by the mayor and confirmed by a majority vote of all the aldermen elected, to be taken by ballot. Said officers shall hold their respective offices for two years, and until their successors are duly qualified, unless sooner removed by the city council. The assessor and collector shall have authority to appoint one or more deputies, for whose acts and conduct he shall be responsible, and such deputy or deputies shall have power to perform any act which may be performed by the assessor and collector in person.

SECTION 21. That the by-laws and ordinances of the city shall be enforced by fine not to exceed one hundred dollars, or by imprisonment in the city prison not to exceed thirty days, or by both fine and imprisonment. Provided: that no ordinance or by-law shall provide a less penalty than is prescribed for a like offense by the laws of the State. The city council may provide by ordinance for the commutation of fines imposed, by labor in a work house, on the streets or public works, and for the collection of any fine imposed execution may be issued from the mayor's court, in the name of the mayor, aldermen and inhabitants of the city of Houston, against the goods and chattels, lands and tenements of the person offending.

SECTION 23. That the city council shall have the exclusive control and regulation of all streets, alleys, public grounds and highways within the corporate limits of the city, and shall have power to abate and remove encroachments or obstructions thereon in a summary manner; to open, alter, widen, extend, establish, grade, clean, pave or otherwise improve the same: to put drains and sewers therein, to permit, prevent and regulate the laying of gas and water mains and pipes therein, to compel any person using the streets or sidewalks for the purpose of laying gas or water mains and pipes, or for building or other purposes, to repair said street or sidewalk so used by them, to prevent any street or sidewalk from being dug up, or excavations to be make therein, unless the same be done with the permission of the city council and under the direction of the city engineer, to prevent the encumbering thereof in any manner, and generally to protect the same from any encroachment or injury: to regulate, establish and change the grade of all sidewalks, streets and premises, and to require and compel the filling up and raising of the same: to construct, regulate and keep in repair all bridges, culverts, sewers and crossings: and to control and regulate the use of the same. The city council shall have full power and authority to construct, regulate and keep in repair all necessary sidewalks and foot ways, to grade and fill up the same, to regulate the use and abate and remove any encroachments or obstructions thereon, and to punish any person by fine and imprisonment who shall encroach upon or obstruct the same, or who shall fail to have such encroachments withdrawn or such obstructions removed after being notified by the proper officer to remove or withdraw the same, and each day such encroachments or obstructions are permitted to remain after such notice is served shall constitute a separate offense. The council shall fix and determine the nature and extent of such sidewalk improvements, and decide as to the kind of material to be used, and the cost of the construc

tion of all sidewalks and footways, and the cost of the grading, filling and curbing necessary therefor, together with the cost of collection thereof, shall be defrayed by the owner or owners of the lot or block fronting on the sidewalk or footway to be constructed, according to the number of feet frontage so owned by each, which sum shall be a tax and charge against the owner or owners of such lot or block, and a lien and encumbrance upon the property itself, and said tax against the property owner may be collected and the lien upon the property foreclosed in any court having jurisdiction. The city council shall declare by resolution duly passed, upon which street or streets or parts or side of any street or streets such sidewalk improvements are to be constructed, the nature of the improvements to be made, and the kind of material to be used. After the adoption of such resolution it shall be the duty of the mayor to have specifications prepared by the city engineer in accordance with the terms of said resolution, which specifications when so prepared and adopted by the city council, shall be duly advertised, and bids solicited for constructing such improvements. It shall be the duty of the city council after accepting any bid for the construction or improvement of such sidewalks or footways to cause to be prepared by the city engineer a roll showing the number of the lots and blocks fronting on the sidewalks or footways to be constructed, the names of the owner or owners of each lot, part of lot or block, or if unknown that fact shall be stated, the number of feet frontage owned separately by each person, or jointly with others, the cost per foot frontage of such improvements, and the total proportional cost of such improvement necessary, to be paid by each property owner fronting thereon. The correctness of said rolls shall be certified to by the city engineer and submitted to the city council for its aproval. If said roll is approved and adopted by the city council, the amounts therein stated and asseseed against each property owner, or against one or more owners jointly, shall be a tax against such owner or owners and a lien, charge and encumbrance upon the property so owned and held by them, the amount assessed in said roll against the owner or owners of each lot or lots or blocks shall be divided into two equal parts, one part shall be payable when the improvements contracted to be made on each respective block shall be completed, and the balance shall become due six months thereafter. For such sums of money certificates shall be prepared and issued, signed by the mayor and attested by the secretary and treasurer under his official seal; each certificate shall show upon its face the amount for which it is drawn, the name of the property owner from whom the tax is owing, the number of feet frontage, and the number of the lot or lots and blocks upon which said sum of money is a lien; that said sum of money is a tax against the property owner named, and a lien upon said property described: the date when it will be payable, that it is issued for sidewalk improvements, the date of the resolution authorizing such sidewalks to be improved, and that it is issued by authority of this section of the charter, such certificates when so issued shall be delivered to the contractor or person entitled to receive the same, as follows: One certificate for one half the sum assessed against each property owner, when the respective block in which such owners property is situated shall have been completed, and one certificate for the balance upon the completion of the contract, and the acceptance of the work by the mayor. Such certificate when SO issued shall be evidence that all requirements and prerequisites of the law have been complied with, and if not

paid at maturity may be collected by suit, and the lien therein provided for be foreclosed in any court of competent jurisdiction and such certficate shall bear interest at the rate of eight per cent per annum from the date thereof, which interest shall be expressed on the face of the certificate. The city council shall have full power and authority to grade, shell, pave, repair or otherwise improve any avenue, street, alley, or other highway, or any portion thereof within the limits of the city, whenever by a vote of two-thirds of the aldermen elected, such improvement shall be declared necessary for the public interest, which grading, shelling, paving or repairing shall be done at the cost and charge of the owner, or owners of the lot or lots, or block or blocks fronting on such alley, avenue, street or other highway to be improved, and the cost of such improvements, together with the expense of the collection thereof shall be a tax against the owner or owners of such lot or lots, or block or blocks, as well as a lien and encumbrance upon the property itself. The city council shall by resolution duly passed, designate the street or streets or portions thereof to be improved, the nature of the improvement to be made and the material to be used. It shall be the duty of the mayor after the passage of such resolution to have the necessary plans and specifications for such improvements prepared by the city engineer, which plans and specifications, after being approved by the city council shall be advertised together with the resolution aforesaid, and bids shall be solicited for the construction of such improvements. After a bid for the construction of such improvements shall have been accepted by the council, it shall be the duty of the mayor to cause to be prepared by the city engineer a roll showing the numbers of the lots and blocks fronting on such street, alley or avenue to be improved, the names of the owner or owners of each lot, part lot or block, and if unknown it shall be stated, the number of feet frontage owned separately by each person or jointly with others, the cost per square foot frontage of such improvements, and the total proportional cost of such improvement necessarry to be paid by each property owner fronting thereon, the correctness of said roll shall be certified to by the city engineer, and the roll submitted to the council for its approval. If the said roll is approved by the city council the sums of money therein stated and assessed against each property owner, or against one or more property owners jointly, shall be a tax against such owner or owners, and a lien, charge and encumbrance upon the property so held and owned by each. The sum assessed against each property owner on said roll shall be divided into two equal parts, one to be payable when the improvements contracted to be made on each respective block shall be completed, and the balance shall be due six months thereafter: for such sums of money certificates shall be prepared and issued, signed by the mayor and attested by the city secretary and treasurer under his ofical seal, each certificate shall show upon its face the amount for which it is drawn, the name of the property owner from whom the tax is owing, the number of feet frontage, and the numbers of the lot or lots and block upon which said sum of money is a lien: that said sum of money is a tax against the property owner named and a lien upon the property described, the date when it will be payable: that it is issued for street paving, naming the street, the date of the resolution authorizing the street to be paved or improved, and that it is issued by authorithy of this section of the charter. Such certificates when so issued, shall be delivered to the contractor or person authorized by him to receive the same, as