city council have power to pass ordinances on any subject, they may prescribe any penalty, not exceeding one hundred dollars, for the violation thereof, and imprisonment not to exceed one month, and in case of the imposition of a fine and non-payment, may provide that the party convicted be committed to the jail or house of correction, or be required to work on the alleys, avenues, streets, or any public work of the city, for such time as the city council by ordinance may provide.

SEC. 146. It shall not be necessary, in any action, suit, or proceeding in which the city of El Paso shall be a party, for any bond, undertaking or security to be executed in behalf of the city, but all such actions, suits and proceedings shall be conducted the same as if such bond, undertaking or security had been given; and for all purposes of such actions, suits or proceedings, the city shall be liable in the same manner and to the same extent as if the bond, undertaking or security required in other cases, had been duly given and executed.

SEC. 147. The city council shall have power to prescribe the duties of all the officers and persons appointed by them, or elected to any office or place whatever, 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 members present, any fine or penalty belonging to the city, which may be imposed or incurred under this act, or under any ordinance or regulation in pursuance thereof.

SEC. 148. The members of the city council shall be exempt from jury service during their term of office.

SEC. 149. The office of city councilman shall not be deemed an office of profit; and any person holding office under the State or National government shall be eligible to the office of city councilman of said city.

SEC. 150. The city council shall have power to remove any officer appointed or elected by them, for incompetency, corruption, misconduct or malfeasance in office, after due notice and opportunity to be heard in his defense; and in addition to the foregoing power of removal, the city council shall have power, at any time, to remove any officer of the corporation, elected by them, by resolution declaratory of its want of confidence in said officer; provided, that two-thirds of the councilmen elected shall vote in favor of said resolution.

SEC. 151. Whenever any person shall be removed from any office, or the term for which he was appointed or elected has expired, or he has resigned or ceased to act in such official capacity, he shall deliver over to his successor all books, papers and effects in any way appertaining to his office. Every person violating this provision shall be guilty of a misdemeanor, and shall be deemed an offender within the meaning of any law of the State punishing such offense, and in addition thereto shall, on conviction before the mayor, be fined in any sum not exceeding one hundred dollars, and imprisonment for any time not exceeding one month, or either; and any officer who shall have been intrusted with the collection or custody of funds belonging to said city, who shall be in default to said city, besides being liable to criminal prosecution and a civil action for debt, shall thereafter be incapable of holding any office under said city until the amount of his defalcation shall have been fully paid to said city, with twelve per cent. interest.

SEC. 152. That no member of the city council shall hold any office or employment under the city government while he is a member of said city council, unless herein otherwise provided.

SEC. 153. Resignation by any officer authorized to be elected or appointed by this act shall be made to the city council in writing, subject to their approval and acceptance; provided, that nothing in this act contained shall apply to appointments by the mayor; any such appointee wishing to resign, shall present his resignation to that officer in writing, for his action.

SEC. 154. All fines, forfeitures and penalties for the breach or violation of any provision of this act, or of any regulation, order or ordinance of the city, shall, when collected, be paid into the city treasury for the use and benefit of said city.

SEC. 155. That Allen Blacker, Joseph Magoffin, Samuel Schultz, B. S. Dowell and A. H. French, be and they are hereby appointed a board of commissioners for the purpose of holding the first election for mayor and councilmen, as provided for in this act; and said board of commissioners, or a majority of them, shall have all the powers for that purpose that is conferred by this act on the mayor and city council; and said board shall give notice of said election in the manner prescribed in this

act. They shall appoint a registrar and judges, and provide for the election; receive and canvass the returns, and publish the result, and do and perform all other acts necessary to be done, which would be lawful if done by the mayor and city council under the provisions of this act; and should any of said board fail or refuse to act, it shall be competent for the others to choose some suitable person to fill said vacancy.

SEC. 156. This act shall be deemed a public act, and may be read in evidence without proof, and judicial notice shall be taken thereof in all courts and places; and this act shall take effect and be in force from and after its passage.

Approved May 17th, 1873.

CHAPTER CLXXXII.

An Act to amend Sections thirteen (13), fourteen (14), sixteen (16) and seventeen (17), of an Act entitled "An Act to incorporate the Town of Palestine, in Anderson County."

Be it enacted by the Legislature of the State of Texas, That sections thirteen (13), fourteen (14), and sixteen (16), of "An act to incorporate the town of Palestine, in the county of Anderson," be so amended as to read as follows, to wit: SEC. 13. The mayor and board of aldermen, sitting as the town council, shall hold stated meetings, and the mayor, of his own motion, or on the applicatiou of three aldermen, may call special meetings of the council, by notice to each of said aldermen, served personally or left at their usual abode. Petitions and remonstrances may be presented to the town council in writing only; and the council shall determine the rules of its own proceedings, and shall have power to compel the attendance of absent members, and to punish them for disorderly conduct, and with the consent of twothirds of the whole number of aldermen, may expel a member; and shall have the management and control of the finances, and all other property, real, personal and mixed, belonging to said corporation; and shall likewise have power and authority by ordinance,

First-To borrow money upon the credit of said town,

and to issue bonds of the town therefor; but no sum of money shall be borrowed at a greater rate of interest than at the rate of ten per centum per annum. All bonds shall specify for what purpose they were issued, and shall not be sold for less than their par value; and provided further, that the bonded debt of said town shall not at any one time be greater or exceed the amount of three thousand dollars, unless by the consent of two-thirds of the qualified voters of said town, as expressed by an election to be held for that purpose, whenever ordered by the town council; provided, that the mayor shall be required to publish twenty days' notice of any such election.

Second-To appropriate money, and to provide for the payment of the debts and expenses of the town; to make regulations to prevent the introduction of contagious diseases in the town, and to make quarantine and other regulations for the preservation of health within said town and within one mile thereof, and to enforce such regulations; to establish cisterns and reservoirs in the streets or elsewhere within the town, for the extinguishment of fires and convenience of the inhabitants, and to prevent the unnecessary waste of water.

Third-To establish and erect markets and market houses; designate, control and regulate market places and privileges; prohibit and punish the opening or establishment of private markets, and inspect and determine the mode of inspection of meats, and every article exposed for sale. To provide for the enclosing and improving of all public grounds and cemeteries, and to direct and regulate the planting and preserving of ornamental and shade trees in the town. To prevent the encumbering of the streets, alleys and sidewalks with any vehicles, boxes, fire-wood, awnings, or any substances whatever. To compel all persons to keep all weeds, filth, and any kind of rubbish from the sidewalks, streets and gutters in front of the premises occupied by them. To require and compel the owners of property to fill up, grade, and otherwise improve the sidewalks in front of and adjoining their premises.

Fourth-To create, establish and regulate the police of the town; to appoint watchmen, policemen, and prescribe their duties and powers.

Fifth-To prevent, prohibit and suppress horse racing, immoderate riding or driving in the streets; to punish

the abuse of animals. To tax and prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordinance, and to impose penalties on the owners or keepers thereof.

Sixth-To punish and restrain vagrants, mendicants, street beggars and prostitutes. To restrain and prohibit the rolling of hoops, flying of kites, firing fire-crackers, firearms, or other fireworks, or any other amusements or practices tending to annoy persons passing on the streets, or frighten horses or teams.

Seventh-To direct the location of, and restrain and prohibit, within the town, slaughtering establishments; to abate, suppress and remove nuisances, and to punish the authors and all persons engaged in the perpetration thereof, and to define and declare what shall be nuisances; to compel and force all offenders against any ordinance of the town, found guilty before the mayor and sentenced to pay a fine, to labor upon the streets or other work, under such regulations as may be established; to prevent all trespasses and breaches of the peace and good order, assaults, assaults and batteries, fighting, quarreling, using abusive, insulting or obscene language, and all disorderly conduct, and to punish persons thus offending; to prevent and suppress any riot, affray, noise, disturbance, or disorderly assembly, in any public or private place, and to punish any and all persons inciting or engaged in such offenses. To suppress and punish the keeping of houses of prostitution or ill-fame. To require the owner, agent or occupant of any ground, lots, yard, private drains, privies, to fill up, cleanse, drain and improve the same as may be required, and to punish any party failing to comply with such regulations. To require railroad companies to construct and keep in repair suitable crossings at the intersections of streets, avenues and alleys, with the tracks of such railroads, and to direct the use and regulate the speed of locomotive engines within said town. To lay out and define the extent of the fire limits in said town, and to regulate the building and construction of chimneys and flues, and to appoint commissioners to inspect all chimneys and flues within said fire limits and report thereon; to prohibit and suppress the building, construction and establishment, within the fire limits, of bake ovens, founderies, furnaces, or other buildings or establishments causing extra hazard to the town from fire; to