Appeal from, Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge.

This was au action on certain special tax bills for work done on Bell street, Kansas City. The defense was that the street had not been brought up to the grade fixed by ordinance, and the evidence showed that the surface of the street was two and one-half feet lower than the grade established by ordinance No. 5205. To overcome this defense, plaintiff undertook to show that ordinance No. 5205 had been repealed by ordinance No. 8449, and the grade of Bell street established by this latter ordinance on a different level. Eor that purpose he offered to read as ordinance No. 8449 a package consisting of eight half sheets of paper, all the writing on which was in the same hand, except the small portions hereafter mentioned. The sheets were not paged or numbered, but were fastened together with two brass fasteners in the way that pleadings in court are often fastened together, and all folded together in four folds, and on and across the second fold, on the outside of the package thus formed, there-was indorsed, “ 8449. An ordinance for the establishing of the grades of certain streets. March 11th, 1873, Laid over. March 18th, 1873, Passed. J. Enright, C. C., E. 353.” Counting from the inside, the first half sheet contained the following, viz:

“ The elevations of the grade of State street above the city directrix shall be as follows :

At the south line of the Levee ... 20 feet.

At the center line of Seventh street . . 21 feet.

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At the center line of Seventeenth street . . 30 feet.

All adjacent grade points shall be connected by true planes.

All ordinances or parts thereof in conflict with the foregoing ordinance are, insomuch, as they conflict with the foregoing ordinance, hereby repealed.”

The second half sheet contained the following, viz :

“ The elevations of the grade of Bell street above the

city directrix, shall be as follows :

At the center line of Twelfth street . feet.

At the center line of Fourteenth street . 25 feet.

At the center line of Fifteenth street . . 26 feet.

At the center line of Sixteenth street . . 27 feet.

At the south line of Seventeenth street '. . 29 feet.

All adjacent grade points shall be connected by true planes.”

The third, fourth, fifth, sixth and seventh half sheets purported to fix the grades of Genesee,Wyoming, Liberty, Hickory and Mulberry streets in the same manner as the foregoing.

The eighth half sheet contained the following, viz:

“An ordinance to re-establish the grades of certain streets. Be it ordained by the common council of the City of Kansas : That the grades of streets as hereinafter mentioned shall be and the same are hereby re-established, as follows :

The elevation of the grade of Saute Fe street above the city directrix, shall be as follows :

At the south line of the Levee . . 22 feet.

At the center line of Eighth street . . 23 5-10 feet.

At the center line of Kansas Avenue . 28 feet.

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