district was vacant at the fall term of the District Court for Parker county, commencing on the first Monday in October, 1872, and continued vacant during the succeeding terms of said court for Jack county and Palo Pinto county, a period of two months; and,

Whereas, Hon. Charles Soward, judge of said district, appointed W. M. Jackson, an attorney of the courts of this State, district attorney pro tem. for the term of said court of each of said counties; and,

Whereas, Said W. M. Jackson, duly qualified and served as district attorney for the said terms of said court; and,

Whereas, During the time said W. M. Jackson served as district attorney as aforesaid, no person was in receipt of the salary allowed by law to district attorneys in said thirteenth district, nor has any person received or applied for such salary for said time:

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of two hundred dollars, out of any money not otherwise appropriated in the Treasury of the State, and that the Comptroller issue his warrant on the Treasurer for the same, be and the same is hereby appropriated for the payment of the said W. M. Jackson for services rendered as district attorney of the 13th Judicial District of this State.

SEC. 2. That this act take effect and be in force from and after its passage.

Passed April 4th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the twelfth day of April, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-JAMES P. NEWCOMB, Secretary of State.]

CHAPTER LXV.

An Act to incorporate the City of Austin.

ARTICLE I.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That all that district of country contained within the following limits, to-wit: Beginning at a point in the channel of the Colorado river, where the west line of West avenue intersects the same; thence up the said avenue, with its west line, to Shoal creek; thence up Shoal creek, with its meanders, to the lower corner of lot No. 28, in division "D;" thence north 71 degrees east, with the southern line of division "D" and "C," to the most southern corner of lot No. 26, in division "E;" thence with the southern line of lot No. 44, in division "B," to the most eastern corner; thence nearly south, with the eastern line of lots No. 39, 38, to northeast corner of lot 56, in division "B;" thence with the north line of lots 56 and 55, division "B," to the east line of East avenue; thence south 19 degrees west, with the east line of said East avenue, to the centre of the channel of the Colorado river; thence with the channel of said river to the place of beginning; is hereby erected into a city, by the name of the City of Austin.

ARTICLE II.

SECTION 1. That the inhabitants of the city of Austin, as the same extends and is laid out above, be, and they and their successors are hereby constituted a corporation and body politic, in fact and in law, by the name and style of the City of Austin; and by the same name shall have perpetual succession; shall sue and be sued, implead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever; may purchase, receive and hold property, real and personal, within said city, and may sell, lease or dispose of the same for the benefit of the city; and may purchase, receive and hold property, real and personal, beyond the limits of the city, and may sell, lease or dispose of such property for the benefit of the city. They shall have and

use one common seal, and may break, change, alter and make a new seal at pleasure.

ARTICLE III.

SECTION 1. That the city of Austin shall be divided into eight (8) wards. The boundaries thereof shall be fixed by the city council, and be by the council changed from time to time, as they shall see fit, having regard to the number of male inhabitants, so that each ward shall contain, as near as may be, the same number of male inhabitants.

ARTICLE IV.

SECTION 1. That an election shall be held on the first Monday in November, 1873, and every two years thereafter, for the election of a city council, to consist of a mayor and board of aldermen, a city marshal, and a city treasurer, who shall respectively hold their offices for two years, and until their successors are elected and qualified; that the board of aldermen shall consist of one member from each ward, to be chosen by the qualified voters of their respective wards; and no person shall be an alderman unless he be a citizen of the State of Texas, and shall have resided within the city limits for six months preceding his election, and a bona fide resident of the ward for which he is elected, for at least thirty days preceding his election. That if any alderman shall, after his election, remove from the ward for which he is chosen, his office shall thereby be vacated. The city council shall judge of the election returns and qualifications of its own members, and shall determine contested elections of all city officers made elective under this act, or any ordinance of the city. The majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as they may prescribe. The city council may determine the rules of its proceedings, punish its members for disorderly behavior, and with the consent of two-thirds of the members elected, expel a member, but not a second time for the same offense. The city council shall keep a journal of its proceedings, and whenever practicable publish the same in a newspaper

of the city; and the yeas and nays of the members on any question shall, at the desire of any two of those present, be entered on the journal. No alderman shall, during the time for which he was elected, be appointed to any office under the city. All vacancies that shall occur in the board shall be filled by election in such manner as shall be provided for by ordinance. Each alderman shall, before entering upon the duties of his office, take the oath prescribed by the Constitution of the State of Texas, and that he will faithfully discharge the duties of his office; they shall be conservators of the peace, and shall receive such compensation as may be prescribed by ordi nance. Whenever there shall be a tie in the election of aldermen, the judges of the election shall certify the same to the mayor, who shall immediately thereon issue his proclamation, stating such facts, and ordering a new election, except in cases of contested elections, where the city council determine the contest in favor of one of the candidates.

ARTICLE V.

SECTION 1. There shall be stated sessions of the city council, and they shall be held at such time and place as shall be prescribed by ordinance; upon the passage of all ordinances appropriating money, of ordinances imposing taxes, increasing, lessening or abolishing licenses, and of ordinances for borrowing money, the yeas and nays shall be entered on the journal. But no ordinance for borrowing money shall pass, except by a vote of two-thirds of the whole council. All ordinances shall be read in council on three several days, unless two-thirds of the members elected, of the board, shall dispense therewith. A majority of the members of the city council shall be necessary to pass an ordinance appropriating, for any purpose, the sum of five hundred dollars or upwards, or for passing an ordinance in any wise diminishing or increasing the city revenue.

ARTICLE VI.

SECTION 1. That the mayor and city council shall have power within the city, by ordinance:

First-To levy and collect an annual tax, not exceeding

one per centum upon all property within the limits of the city, made taxable by law for State and county purposes.

Second-To raise money on the credit of the city, by issuing bonds of the city, or otherwise; provided, the debt of the city shall not, at any one time, exceed one hundred thousand dollars, except by consent of two-thirds of the citizens voting at an election ordered for that purpose, after thirty days notice by the mayor, by the authority of, and in the method that may be prescribed by the city council.

Third-To appropriate money, and to provide for the payment of the debts and expenses of the city.

Fourth-To make regulations to prevent the introduction of contagious diseases into the city.

Fifth-To establish hospitals, and make regulations for the government thereof, within or without the city limits.

Sixth-To make regulations to secure the general health of the inhabitants, and prevent and remove nui

sances.

Seventh-To construct water works, gas works and street railroads, within or beyond the city limits, or both; to provide the city with water and gas, and to erect hydrants, fire plugs and pumps in the streets; to erect the necessary machinery, lamp posts, etc., for lighting the city, within or beyond the limits of the city, for the convenience of the inhabitants of the city and environs.

Eighth--To open, widen, extend, establish, grade, pave, or otherwise improve, clean and keep in repair streets, lanes, avenues or alleys.

Ninth-To establish, erect and keep in repair bridges, culverts and sewers, and regulate the use of the same; to establish, alter and change the channel of water courses, and to wall them up and cover them.

Tenth-To provide for the lighting of the streets, and erecting lamps thereon.

Eleventh-To establish, support and regulate nightwatch and patrols.

Twelfth-To erect market houses, establish markets and market places, and to provide for the government and regulation thereof.

Thirteenth-To provide for the erection of all needful buildings for the use of the city.