ing such notice in some newspaper published in said town, at least once before said election. Said justice shall appoint as inspectors of said election three resident citizens of said town, who shall, before entering upon their duties, take and subscribe the oath required by the Constitution of this State. The certificate of such inspectors of the election of any of the officers provided for in this act, shall empower such officers to enter upon their duties, after they shall have taken and subscribed the oath required by the Constitution of this State.

SEC. 6. Notice of all subsequent elections for officers of said town shall be given by the mayor, by causing printed or written notices thereof to be posted up in at least five public places in said town, and also by publishing such notice in some newspaper published in said town, which posted and published notice shall be given at least two weeks before the election shall be held. Three inspectors of election shall be appointed by the board of aldermen for each election; and the certificate of such inspectors of the election of any of the officers provided for in this act shall empower such officers to enter upon their duties, after they shall have taken and subscribed the oath required by the Constitution, and given the requisite bond, in cases where bond is by this act or by the by-laws of said town required to be given, and after the expiration of the term of office of the then incumbent thereof.

SEC. 7. That whenever a vacancy shall occur in the office of mayor of said town, there shall be one elected by a majority of the aldermen to fill such vacancy, and the person so elected shall hold his office until the next election of officers of said town, or until his succersor shall be duly qualified.

SEC. 8. That no person shall be eligible to the office of mayor, alderman, treasurer, or marshal, unless he is a qualified voter and a citizen of said town; and no person shall vote in any election for officers of said town, unless said person be a qualified voter of Cooke county, and a citizen of said town, who shall have resided in said town sixty days preceding such election.

SEC. 9. That the mayor shall be president of the board of aldermen; that a majority of said board shall constitute a quorum to transact business, and that such board may enact such by-laws for the government of said town, not inconsistent with the Constitution and laws of

this State, as may be by them deemed proper and necessary, and may prescribe fines or imprisonment, or both fine and imprisonment, for disobedience of such by laws; provided, that no fine in any case shall exceed one hundred dollars, and no imprisonment shall be for a period longer than ten days; and may fix the times of the regular meetings of said board, and may provide for calling extra sessions of the same.

SEC. 10. That the board of aldermen shall have and exercise control over the streets and public places of said town; shall have power to levy an ad valorem tax on all the property, real, personal and mixed, within the corporate limits of said town; provided, that said tax in any one year shall not exceed one-half of the State tax on said property in such year; and the said board of aldermen shall have power to levy and collect a license tax on all occupations taxed by the laws of this State; provided, that such tax shall not exceed one-half of the State tax on such occupations. The said taxes shall be asessed and collected by the marshal, or in such other manner as the board of aldermen may direct, in accordance with the act regulating the collection of taxes for the State of Texas.

SEC. 11. That the board of aldermen shall have power to appoint such additional officers as they may deem necessary, and shall regulate and prescribe the duties and compensation of such officers, and may require of any of them bond and security, in such penalty as may be deemed requisite to compel the efficient discharge of such duties as may be assigned them in said town of Gainesville, which bond shall be payable to the mayor of said town and his successors in office.

SEC. 12. That all offenses against the by-laws of said town shall be prosecuted before the mayor; provided, that any person shall have the right of trial by jury, by depositing with the mayor three dollars as jury fee, or by making oath that he is unable to pay such fee. All prosecutions before said mayor shall be governed by and in accordance with the laws organizing justices' courts; and said mayor shall have criminal jurisdiction co-extensive with the limits of the said town of Gainesville.

SEC. 13. The marshal or his deputy shall execute and return all writs issued by the mayor, in the same manner as is provided by law, defining the duties of constable..

Said marshal shall give bond and security in such penalty as shall be required by the board of aldermen, which bond shall be payable to the mayor of said town and his successors in office, and shall, with all bonds provided for in this act, be approved by the board of aldermen, and be recorded in the office of the clerk of the District Court of Cooke county. The said marshal shall have the same power as a constable under the laws of this State, and shall be entitled to the same fees as a constable, and to such additional compensation as the board of aldermen may allow.

SEC. 14. That in case of the death or resignation of any one of the aldermen, a majority of said board shall have power to fill such vacancy, under such rules and regulations as may be prescribed by the board, until the next election of officers of said town. Said aldermen shall be entitled to such compensation as may be allowed them by the board; provided, in no case shall the same exceed two dollars per day for each day they may be required to sit as such aldermen.

SEC. 15. That the mayor be and he is hereby invested with all the power and criminal jurisdiction of a justice of the peace within the corporate limits of the said town. Said mayor shall be entitled to such fees as are allowed justices of the peace for similar services, together with such other compensation as may be allowed by the board of aldermen.

SEC. 16. That the treasurer shall keep safely all the money of said corporation, shall pay out the same upon the order of the board, and shall perform such other duties as may be assigned by the by-laws. He shall give bond, with security, payable to the mayor and his successors in office, in such sum as may be deemed proper by said board of aldermen, conditioned for the faithful performance of his duties, which bond shall be approved by said board, and recorded in the office of the district clerk of Cooke county. Said treasurer shall be allowed such compensation as is by law allowed to county treasu

rers.

SEC. 17. That there shall be elected by the board of aldermen, from and out of their own number, a secretary, whose duty it shall be to keep correct minutes of the acts of said board, in a well bound book or books, to be open at all reasonable times for the examination of any citizen

or legal voter in said corporation. Said secretary shall receive such compensation as may be allowed by the

board.

SEC. 18.

This act shall take effect and be in force from

and after its passage.

Approved February 17th, 1873.

CHAPTER VII.

An Act to Incorporate the City of Fort Worth in the County of Tarrant.

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: In Tarrant county, beginning at the northwest corner of the A. Gouhenaut survey; thence south, crossing the West Fork of Trinity - river, to the north bank of the Clear Fork of Trinity river; thence up Clear Fork, on the west bank of the same, to the south line of the Geo. Shields survey; thence east, with the south line of said Shields survey, to the southeast corner of the same; thence south to S. G. Jennings' southwest corner; thence east, with the south line of said Jennings' survey, and with south line of P. T. Welch and M. A. Jackson's survey, to the southwest corner of James Sanderson's survey; thence north, with the east lines of M. A. Jackson and B. F. Crowley's surveys, to the northeast corner of said Crowley's survey; thence west, with the north line of said Crowley's survey and the north line of R. Briggs' survey, to the center of the said north line of said Briggs' survey; thence north four hundred yards; thence west to the west bank of Trinity river; thence up the river to the north line of the M. Baugh survey; thence west to the place of beginning; is hereby declared to be the external boundaries of "The City of Fort Worth."

SEC. 2. That the inhabitants of the city of Fort Worth, as the same extends and is laid out as above, be and they and their successors are hereby constituted a body corporate and politic, by the name and style of the City of Fort Worth" and by said name shall have succession,

shall sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions of whatsoever nature; 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 real and personal property beyond the limits of the city for a cemetery or cemeteries for the burial of the dead of the city, for the erection of water works for the use of the city, and for the erection of hospitals or pest houses for the reception of persons infected with contagious or other diseases, and may sell, lease or dispose of the same for the benefit of the city; and may do all other acts as natural persons, not contrary to law; and under the restrictions of this charter, shall have and use one common seal, but may change or alter the same.

ARTICLE II.-OFFICERS.

SECTION 1. One mayor, five aldermen, one treasurer, one secretary, one marshal, one assessor and collector, and one attorney, shall constitute the officers of said corporation, to be elected by the people. All other officers and servants of the corporation shall be elected, appointed or employed by the mayor and aldermen; provided, that when the city shall have been laid off and divided into wards by the council, they shall have power to increase, by ordinance, the number of aldermen to be elected, so that there shall not be exceeding two in or for each ward, and there shall be at least one in each ward, but no ward shall have a greater number of aldermen than any other ward in the city.

SEC. 2. The mayor and aldermen shall constitute the city council, and the mayor shall, when present at a meeting of the council, be the presiding officer; but when the mayor is absent, or the office from any cause vacant, a presiding officer shall be chosen from their own body by a majority vote, and shall sign his name, and be known as "acting mayor;" provided, that a majority of all the aldermen is necessary to constitute a quorum for the transaction of business; but a less number may adjourn from time to time until a quorum can be had, and may have power to enforce the attendance of absentmembers.