from imposing, levying, and collecting special taxes and assessments for the improvement of the bayou, roads, or streets, as hereinbefore provided.

SEC. 37. The city council shall annually appoint, by ballot, one person from each ward of the city, who, together with the mayor, as president thereof, shall constitute a board of health of the city. The city council may appoint a health physician, and as many health inspectors as they may deem necessary, and shall prescribe by ordinance, the powers and duties of the board and its members; and the secretary of the city council shall be the clerk of the board of health, and shall keep a record of their proceedings.

SEC. 38. The city council shall have power to take such measures as they may deem effectual to prevent the entrance of any pestilential, contagious, or infectious diseases into the city; to stop, detain, and examine, for that purpose, any person coming from any place infected, or believed to be infected with such disease; to establish, maintain, and regulate pest houses or hospitals within the city, or not exceeding five miles from its bounds; to cause any person who shall be suspected of being infected with any such disease, to be sent to such pest house or hospital; to remove from the city, or destroy any furniture, wearing apparel, or property of any kind, which shall be suspected of being tainted or infected with pestilence; to abate all nuisances which are, or may become, injurious to the public health, in any manner they may deem expedient; to adopt the "dry earth system" for closets, now in use in New Orleans and elsewhere, or any other improved sanitary measure that they may consider to be desirable for the city of Houston; and to do all acts and pass all ordinances which they shall deem necessary or expedient for the preservation of health and the suppression of disease in the city.

SEC. 39. That the city council of Houston shall have power to make contracts with any person or corporation for the improvement of the streets, bayou, or roads leading to the same; or to lease the market, or other revenues of the city, for any term of years, and to do and perform all acts that they may deem advisable for the interests of said city.

SEC. 40. That 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.

SEC. 41. That the acts so far as relative to the city of Houston, namely: "An Act to incorporate the city of Houston, and other cities therein named," approved January 28, 1839; "An Act supplementary to an act entitled 'An Act to incorporate the city of Houston, and other cities therein named,'" approved January 28,

1839, approved February 5, 1849; "An Act to amend the several acts incorporating the city of Houston," approved November 17, 1840; "An Act to amend an act to incorporate the city of Houston, and other cities therein named," approved November 24, 1841; "An Act to authorize the corporation of the city of Houston to remove obstructions in Buffalo Bayou, interfering with the navigation thereof," approved January 29, 1842; "An Act supplementary to an act amending the several acts incorporating the city of Houston, approved February 3, 1844; "An Act to amend an act incorporating the city of Houston," approved March 11, 1848, and "An Act to provide for the election of all officers created by the charters and boards of aldermen of the cities of Galveston and Houston," approved February 11, 1852; "An Act to consolidate into one act, and amend the several acts incorporating the city of Houston, in Harris county," approved January 8, 1862, and "An Act to consolidate in one act and amend the several acts incorporating the city of Houston, in Harris county," passed October 22, 1866, be and the same are hereby repealed; and that all property, actions, rights of actions, claims and demands of every nature and kind whatever, vested in said corporation under and by virtue of the said laws hereby repealed, shall vest in, remain, and inure to the said corporation under this act, as fully and completely, in all respects, as if the said laws had not been repealed; and that all by-laws, resolutions, and ordinances made and passed under, or in pursuance of the said laws hereby repealed, shall continue and remain in full force until repealed by the proper authorities of said corporation; and this act shall take effect and be in force from and after the passage hereof. Passed August 2, 1870.

CHAPTER XXXIX.

AN ACT TO INCORPORATE THE TOWN OF GATESVILLE, CORYELL COUNTY, TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the citizens of the town of Gatesville, Coryell county, be and they are hereby declared a body corporate and politic, under the name and style of the "Corporation of the town of Gatesville," and by said corporate name shall have power of suing and being

sued, pleading and being impleaded, and of holding and disposing of personal and real estate within the limits of said corporation.

SEC. 2. That the lines of said corporation shall run as follows, namely: beginning at a point where "Still House" creek empties in the Leon river, thence up said creek with its meanders to where the "Meridian road" crossès said creek; thence due east to a stake in "Raby's pasture;" thence in a southerly direction, so as to include the residences of J. R. and S. B. Raby, H. B. Pidcocke and Hackney, until said line intersects the Leon river; thence up

said river to the place of beginning.

SEC. 3. That it shall be the duty of the citizens, qualified voters under the Constitution and laws of this State, who reside in the foregoing territory, to elect a mayor, four aldermen, a town marshal, and recorder, and that said election shall be held within sixty days from and after the passage of this act, ten days' notice of election being given; that the presiding justice shall direct said election, appointing suitable citizens to act as judges, and shall give the notice required in this act. That annually from the date of said election, the mayor shall give ten days' notice, and order election of successors in office. In case of vacancy by death, resignation, or otherwise, the mayor and aldermen shall elect to fill such vacancy.

SEC. 4. The recorder shall act as assessor and collector of corporation taxes in said corporation, and shall give such bond as may be required by the mayor and aldermen. The mayor and board of aldermen shall appoint one of their body to act as treasurer, who shall give such bond and be governed by such ordinances as may enacted by said body, and shall pay out the funds of said corporation on the order of the mayor, approved by a majority of the aldermen.

be

SEC. 5. That all qualified voters under the Constitution and laws of the State, shall be allowed to vote in the election of officers for said corporation, and that no one shall be eligible to the office of mayor, alderman, marshal, or recorder unless they are citizens of the corporation, and entitled to vote under the Constitution and laws of this State.

SEC. 6. That it shall be the duty of the mayor and aldermen to pass ordinances not inconsistent with the Constitution and laws of this State, for the regulation of the police, and the preservation of order and law within the corporate limits of said town; for removing nuisances; keeping the streets in order; and for the protection of the lives, health, peace and property of the citizens in said corporation, and to prescribe penalties for the violation of said ordi

nances.

SEC. 7. That by a two-thirds vote of said corporate authorities,

they shall have the right to levy and collect a corporation tax, which shall not exceed one-half of the State tax according to valuation of property, and when a meeting of said corporate authorities is called for this purpose, it shall be so stated in the notice. Said corporate authorities shall have the right to establish schools in the corporation, and for this purpose may levy and collect a tax not to exceed one-half of the State tax on all circuses, shows, exhibitions of legerdemain, or other public exhibitions occurring in said corporation, where the parties charge for admittance into the same, save and except such as may be for charitable purposes. If deemed necessary, the corporate authorities may appropriate, by a two-thirds vote, the funds arising under the latter clause of this section for city purposes.

SEC. 8. That said corporation is empowered to pass all needful rules and regulations, provided they are not inconsistent with the Constitution and laws of this State, and in cases of riots or disturbances of the peace shall have the right to summons and call out such posse as may be necessary to preserve order. The mayor of said corporation shall have such jurisdiction and exercise such powers in criminal matters as may be provided by law.

SEC. 9. The mayor, aldermen, recorder, and marshal shall receive such fees of office as may be provided by the city council.

SEC. 10. That this act take effect and be in force from and after its passage, subject to the provisions of an act entitled "An Act authorizing the Governor to appoint certain officers to fill vacancies," passed by this Legislature.

Passed August 2, 1870.

CHAPTER XL.

AN ACT TO PROHIBIT THE SALE OF INTOXICATING LIQUORS WITHIN TWO MILES OF SHILOH MALE AND FEMALE ACADEMY.

WHEREAS, A large number of citizens, residing near Shiloh Male and Female Academy, situate about six miles west of the city of Paris, in the county of Lamar, State of Texas, have petitioned the Legislature to pass an act prohibiting the sale of intoxicating liquors within four miles of said academy; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sale of spirituous, vinous and intoxicating liquors

Liberty on the Trinity river, or Beaumont, or either or both places, and shall have the whole line completed in six years from and after the passage of this act.

SEC. 8. Said company shall receive such aid and immunities from the State of Texas as may hereafter be granted to railroads under any general law.

SEC. 9. That said company may adopt the gauge of any road with which they may form a connection; and that this act take effect from and after its passage.

Passed August 3, 1870.

CHAPTER XLII.

AN ACT FOR THE RELIEF OF JOHN H. SWOFFORD, ASSESSOR AND COLLECTOR OF JOHNSON COUNTY, AND HIS SURETIES, AND ELBERT M. HEATH, DEPUTY ASSESSOR AND COLLECTOR, AND HIS SURETIES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That John H. Swofford, assessor and collector of Johnson county, and his sureties on his official bond, and Elbert M. Heath, deputy assessor and collector of Johnson county, and his sureties on his official bond, be and they are hereby released of any obligation to the State of Texas for the amount of twenty-eight hundred dollars, taxes collected for the State of Texas, in Johnson county, for the year A. D. 1868, and of which amount the said E. M. Heath was robbed by Bickerstaff and clan.

SEC. 2. The Comptroller of Public Accounts is hereby instructed and authorized, in his settlement with the assessor and collector of Johnson county for the year A. D. 1868, to allow a credit for said amount of twenty-eight hundred dollars; and this act shall be in force from and after its passage.

Passed August 3, 1870.