Chap. 86.—An ACT to Amend and Re-enact an Act entitled an Act to
Incorporate the Town of Newbern, and to Repeal Act of 27th of May,
1852, entitled an Act to Incorporate the Town of Newbern, in the
County of Pulaski, in force March 4th, 1872.

Approved March 6, 1874.

1. Be it enacted by the general assembly of Virginia, That
un act of the general assembly, in force March fourth, eigh-
een hundred and seventy-two, be amended and re-enacted
so as to read as follows:

The village of Newbern, in the county of Pulaski, com-
prised in the following boundaries, to-wit: Beginning at the
point where the Thorn-spring road intersects the Southwest-
ern turnpike, thence north porty eight degrees west, thirty-
sight poles, to a stake in James A. Walker’s field; thence
north fifty-four degrees east, one hundred and thirty poles,
to a stako near J. B. Alexander's gate; thence north seventy
degrees cast, one hundred and twenty-seven poles, to a stake
in said Alexander’s field in front of W. J. Jordan’s house;
thence south thirty-seven degrees east, thirty-six poles, to a
stake in said Jordan’s field below his stable; thence south
forty-two degrees west, one hundred and seventy-six poles,
to the corner of John F. McCaull’s stable; thence north
eighty-seven degrees west, one hundred and six poles, to the
beginning, shall be, and is hereby made a town corporate, b
the name of the town of Newbern, and by that name shall
have and exercise all the powers conferred upon towns by
the fifty-fourth chapter of the Code of Virginia of eighteen
hundred and seventy-three, and of all laws now in force, and
which may hereafter pass, for the government of towns con-
taining less than five thousand inhabitants, except as herein-
after provided; and Stephen H. Stone is hereby appointed
mayor of said town, and John B. Baskerville, William H.
Bramblitt, David 8. Pollock, William J. Jordan, C.S. Fitz-
hugh, and Thomas S. Holland, are hereby appointed council-
men thereof, any three of whom shall constitute a board for
the transaction of business. The said mayor and council
shall have power to appoint a sergeant and such other offi-
cers as may be necessary, together with a police force for
the preservation of order, who shall remain in office until
their successors are appointed and qualified according to law.
The said mayor and councilmen above named and appointed
in this act, shall continue in office until the fourth Thursday
in May, eighteen hundred and seventy-four, and thereafter
until their successors shall be elected and qualified.

2. ‘Tho said mayor and council are hereby authorized to
contract and agree with the owner of any land, whether
within or without the limits of said town, for the purchase
or use thereof for the convenient location of reservoirs, cis-
terns, water works, pipes, rams, or any of the fixtures or
appurtenances necessary therefor; and in the case of dis-
agreement, or if the owners thereof be feme covert, under
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age, or non compos mentis, the said mayor and council may
apply to the county court of Pulaski county, to appoint com-
missioners to ascertain what will be a just compensation for
the land or use thereof, wanted for the purpose aforesaid.
The application to appoint said commissioners shall be made
in the manner, and all their proceedings shall conform to the
provisions of the fifty-sixth chapter of the Code of eighteen
hundred and seventy-three, in relation to proceedings by a
town to take land without the owner’s consent, so far as the
same may be app icable to the provisions of this act; and the
said town shall have all the rights and privileges to the
ownership, or use of the land so wanted for the purposes
aforesaid, as is vested in towns by the said fifty-sixth chapter
of said Code, upon the payment of the damages assessed by
said commissioners, as is provided by said chapter.

3. It shall be lawful for the mayor and council of said
town to sell and dispose of the water, which they may have
conducted into said town, to the inhabitants thereof, and to
other persons, in such manner and at such prices as to them
may seem best for the interests of said town; and if any per-
son shall divert, use, apply or draw off any part of the water
so introduced into said town, without the consent of the
said mayor and council, he shal! forfeit and pay, to the use
of said corporation, the sum of twenty dollars for every such
offence.

4. It shall be lawful for the mayor and council of said
town to require any inhabitant thereof, who desires to keep
a dog or dogs, to obtain a license so to do, and to pay into
the treasury of said town such tax as they may impose
therefor.

5. It shall be lawful for the mayor and council of said
town to assess and collect annual tax, in said town, on all
such property, real and personal, as is now subject to taxa-
tion by the revenue laws of the state, as provided in chapter
fifty-four of the Code of eighteen hundred and seventy-three:
provided, that the tax on real and personal estate shall not
exceed in any one year fifty cents on every hundred dollars
of value thereof: and provided further, that any land or lot
on which there is no dwelling-house or tenement, shall be.
exempt from taxation by said corporate authorities.

6. The mayor and council of said town are hereby pro-
hibited from contracting a debt for said corporation of more
than one thousand dollars at any time.

7. This act shall be in force from its passage.

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