Chap. 128.—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 4, 1872.

1. Be it enacted by the general assembly of Virginia, That
the village of Newbern, in the county of Pulaski, comprised in
the following boundaries, to wit: Beginning at the point where
the Thorn Spring road intersects the Southwestern turnpike,
thence N. 48° W. 38 poles, to a stake in James A. Walker's
field; thence N. 54° i. 130 poles, to a stake near J. B. Alex-
ander’s gate; thence N. 70° E. 127 poles, to a stake in said
Alexander's field in front of W. J. Jordan's house; thence S.
37° E. 36 poles, to a stake in said Jordan’s field below his sta-
ble; thence S. 42° W. 176 poles, to the corner of John F. Mc-
Caull's stable; thence N. 87° W. 106 poles, to the beginning,
shall be and is hereby made a town corporate by the name of
“The Town of Newbern,” and by that name shall have and ex-
ercise all the powers conferred upon towns by the fifty-fourth
chapter of the Code of Virginia of cighteen hundred and sixty,
and of all laws now in force, and which may hereafter pass, for
the government of towns containing less than five thousand
inhabitants; and Joseph L. Anderson is hereby appointed

or of said town, and William H. Bramblitt, David S. Pol-
lock, John W. Haney, Thomas S. Holland, R. D. Gardner and
Stothen H. Stone, are hereby appointed councilmen 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 officers 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-three, and thereafter until their successors shall be
elected and qualify.

2. The said mayor and council are hereby authorized to
contract and agree with the owners of any land, whether
within or without the limits of said town, for the purchase or
use thereof for the convenient location of reservoirs, cisterns,
water works, pipes, rams, or any of the fixtures or appurte-
nances necessary therefor; and in the case of disagreement, or
if the owners thereof be feme covert, under age, or non com-
pos mentis, the said mayor and council may apply to the
county court of Pulaski county to appoint commissioners toascer-
tain what will be a just compensation for the land, or use thereof,
wanted for the purposes 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 sixty, in relation
to proceedings by a town to take land without the owners
consent, so far as the same may be applicable to the provisions
of this act; and the said town shall have all the mghts and
orivileges to the ownership, or use of the land so wanted, for
che purposes aforesaid, as is vested in towns by the fifty-sixth
thapter of the Code, upon the payment of the damages assessed
by said commissioners, as 18 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 con-
ducted into said town, to the inhabitants thereof, and to other
persons, in such manner and at such price as to them may
seem best for the interest of said town; and if any person
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 shall forfeit and pay to the use of said
corporation the sum of twenty dollars for every such offence.

4. The act of the general assembly passed May twenty-
seventh, eighteen hundred and fifty-two, entitled “an act
incorporating the town of Newbern, in the county of Pulash,”
is hereby repealed.

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