SEC. 6. Whenever any ordinance is passed by the board of aldermen, by virtue hereof, for the filling, grading, leveling, paving, curbing, walling, graveling, macadamizing, planking or repairing of any street, lane, alley or highway, the assessor of taxes of the city of Jefferson shall forthwith proceed to assess the amount on the real estate fronting on, or abutting on, the contemplated improvements; said assessment to be made in such manner, as nearly as may be, that each separate block, lot, fractional lot, piece or parcel of land, on either side of the street, or part of street to be improved, shall sustain the costs and expenses of making or completing the improvements upon that half of the street directly adjacent to, or in front of the same.

SEC. 7. When, in any case, any portion of the costs and expenses of making any improvements mentioned in the foregoing section, shall, by virtue of any valid law or ordinance of the corporation, or by virtue of any valid contract, be chargeable upon any railway company, the amount so chargeable may be assessed upon such railway company, and the balance only upon the real estate fronting or abutting on such improvements; and the city may collect the amount so assessed upon such railway company by distress and sale of personal property, as in other cases, or by suit brought for that purpose; provided, that any real estate belonging to such railway company, and fronting or abutting upon the said improvement, shall be assessed as in other cases.

SEC. 8. Before proceeding to make an assessment for any improvement mentioned in the preceding sections, the assessor shall give six (6) days notice, by a newspaper published in the city of Jefferson, of the time and place of making said assessment; in which notice shall be specified the purpose of such assessment and the amount to be assessed. All persons interested in any such assessment shall have the right to be present, and be heard either in person or by counsel; and the assessor may, in his discretion, receive any legal evidence, and may adjourn from time to time.

SEC. 9. When the assessor shall have completed his assessment, he shall sign and return the same to the board of aldermen for confirmation. When confirmed by the board of aldermen, said assessment shall be final and conclusive upon all parties interested therein, and shall

be collected as in other cases. If any assessment be annulled or set aside, the assessor shall proceed to make a new assessment, and shall return the same in like manner as herein required in relation to the first.

SEC. 10. All owners or occupants of real estate, in front of, adjacent to, or upon whose premises the board of aldermen shall order or direct any sidewalk or private drain to be constructed, shall construct such sidewalk or private drain at their own cost and charges, in the manner prescribed by the said board of aldermen, and within such reasonable time, not exceeding forty days, as the board of aldermen shall direct, of which time notice shall be given to such owner or occupant by personal service, or leaving the same at his usual place of abode, or by five days publication in a newspaper published in the city of Jefferson. If the work be not done in the manner and within the time prescribed, the assessor of taxes for said city of Jefferson shall forthwith proceed to assess the amount necessary to be assessed therefor, together with all costs, upon the real estate aforesaid, which as sessment shall be made and returned, and may be confirmed and collected, in the same manner as in the case of filling, grading, or paving streets; and when confirmed, shall have the same force and effect as provided for assessments in section nine of this act.

SEC. 11. For any neglect or refusal to comply with any order of the board of aldermen, in the preceding section referred to, the said board of aldermen may impose by ordinance such penalties upon the owners or occupants aforesaid, not exceeding ten dollars for each day's neglect, as to the board of aldermen shall seem proper.

SEC. 12. Upon the passage of any ordinance in the two preceding sections referred to, the board of aldermen may, in their discretion, in case the said owners or occupants should fail to comply therewith, cause said improvements to be made, and paid for out of any money in the treasury not otherwise appropriated; and afterwards cause the expense thereof, together with all costs, to be reimbursed, by a special assessment to be levied and collected as in other cases; or the same may be recovered by suit from such owner or occupants, as for money paid and laid out for his use and at his request.

SEC. 13. When in any case it shall be deemed necessary to cause any sidewalks to be raised, lowered, re

paired or cleaned, the board of aldermen may require the owners or occupants of the premises in front of, adjacent to, or upon which said improvement is to be made, to make the same within such reasonable time, not exceeding thirty days, as the board of aldermen may prescribe, upon written notice to that effect; and in case of neglect or refusal to comply with such requirements, as well as in all cases where the proper owner or occupants cannot be found, the said board of aldermen may cause the work to be done and paid for out of any moneys in the Treasury not otherwise appropriated. The board of aldermen shall then, by ordinance or resolution, direct the assessor to assess the expense of such work upon the lots respectively liable therefor; and the same may be collected as taxes are collected under the laws and charter of the said city of Jefferson. In addition to such remedy a suit may also be maintained against the owner of said premises for recovery of such expenses as for money paid and laid out for his use and at his request. The board of aldermen may also, by ordinance, impose such penalties upon the owner or occupants aforesaid, for any neglect or refusal to comply with the aforesaid requirements, not ex ceeding twenty dollars for each day's neglect, as to the said board of aldermen shall seem proper.

SEC. 14. Nothing in the preceding sections contained shall be construed to relieve the owners or occupants of real estate from the duty of keeping the sidewalks in front of or adjacent to their premises, at all times, in a safe condition and in a good and thorough state of repair; but such duty is hereby expressly enjoined and imposed upon all owners and occupants; and if at any time any injury. shall be sustained by any individual, or the city shall be subjected to any damages in consequence of any defect in any sidewalk, or of its being out of repair, the owner and occupants of the adjacent premises, whose duty it is to make the repairs, shall be jointly and severally liable therefor, and the same may be recovered by suit in any court of competent jurisdiction. If the owner be a nonresident, proceedings may be commenced against the property by attachment, as in other cases of attachment under the laws of this State.

PROOF OF ORDINANCE AND BY-LAWS.

SEC. 15. All ordinances, resolutions and by-laws of the city of Jefferson, shall be deemed sufficiently proved in any court within the State by the production of the original ordinance, resolution, or by-laws, or by a written copy thereof, duly authenticated by the clerk of the said city, or by a printed copy, either in book form or otherwise, purporting to be printed by authority of the board of aldermen.

SEC. 16. This act shall be deemed a public act, and shall take effect and be in force from and after its passage.

Approved June 2d, 1873.

CHAPTER CCCII.

An Act to incorporate the Town of Whitesboro, in Grayson County.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the citizens of the town of Whitesboro, in Grayson county, be and they are hereby declared a body politic and corporate, under the name and style of the town of Whitesboro; and by that name shall have power to sue and be sued, plead and be impleaded, and to hold and dispose of property, real, personal and mixed; provided, such real property is situated within the limits of said corporation; and shall have a common seal to authenticate instruments of writing when it shall be required.

SEC. 2. That the limits of said corporation shall extend one mile in a square, so laid off as to leave the intersection of the two principal streets near L. Kelly's store in the centre of said corporation.

SEC. 3. That it shall be the duty of the citizens of this corporation, within sixty days after the passage of this act, after first giving ten days notice, to elect a mayor, marshal, and five aldermen. The police court of the county shall appoint three citizens of said corporation to hold and conduct said election, who shall, before entering upon their duty, be qualified by some officer authorized to administer oaths. That the marshal shall be ex officio

assessor and collector of taxes; that said aldermen shall elect from their own body a treasurer and secretary, and shall have power to elect such other inferior officers or agents as they may deem necessary for said corporation. The treasurer and marshal shall each be required to give bond, with approved security, made payable to the mayor and his successor in office, to be approved by the mayor, for the faithful performance of their duties; and make reports when required by the board of aldermen. And the mayor shall have power to suppress riots and disturbances of the peace, to call out the citizens of said corporation for the purpose of restoring order, and impose a fine, not to exceed twenty-five dollars, on any citizen of said corporation for refusing to obey such call. He shall have such criminal jurisdiction within the limits of the corporation, as is conferred by law upon justices of the peace, charging like fees for his services, and subject, in his judicial acts, to the same revisory powers. He may also impose fines, not exceeding one hundred dollars, for the violation of the ordinances of the town. As chief executive officer, he shall order and control the police of the town, enforce the by-laws and ordinances passed by the board, and protect from injury the public streets, buildings and other property. He shall hold courts at such times and places as the board shall prescribe, and shall keep a record of the proceedings therein.

SEC. 4. The mayor, aldermen, marshal, secretary and treasurer shall each qualify himself for the duties of his office, by taking an oath to execute the same to the best of his ability and judgment, and also take the oath required by the Constitution of the State; the oath shall be administered by the presiding justice of the peace, who shall proceed to commission the mayor, and deliver certificates of election and qualification to the aldermen, marshal, secretary and treasurer, respectively, preserving also an account of his proceedings therein among the re

cords of his court.

SEC. 5. That no person shall be eligible to any office under the provisions of this charter who is not a qualified voter of this State, and shall have been a resident within the limits of said corporation for at least six months prior to his election; nor shall any person have a right to vote for officers who has not been a citizen and resident within said corporate limits at least six months next preceding the day of election.