Chap. 231.—An ACT to amend and re-enact section 1 of an act of the general
assembly of Virginia, approved February 22, 1898, entitled an act to provide a
new charter for the town of Pulaski, as amended and re-enacted by an act ap-
proved February 16, 1901, entitled an act to amend section 1 of an act entitled
an act to provide a new charter for the town of Pulaski, approved February 2,
1898, and to amend and re-enact section 5 of said act, approved February 2,
1898, entitled an act to provide a new charter for the town of Pulaski.

Approved March 15, 1902.

1. Be it enacted by the general assembly of Virginia, That section one
of an act entitled an act to provide a new charter for the town of Pulaski,
approved February twenty-second, eighteen hundred and ninety-eight, as
amended by an act entitled an act to amend section one of an act en-
titled an act to provide a new charter for the town of Pulaski, approved
February sixteenth, nineteen hundred and one, and section five of said
act, approved February twenty-second, eighteen hundred and ninety-eight,
entitled an act to provide a new charter for the town of Pulaski, be
amended and re-enacted so as to read as follows:

§1. That the territory embraced and contained in the following
boundaries, namely: Beginning at the west end of the fifth bridge on the
Norfolk and Western railroad, west of the Bertha zinc works, and run-
ning thence due north one-fourth of a mile; thence due east to a line of
the Bertha Mineral Company, north of said railroad; thence a northerly
direction, following the said lands of the Bertha Mineral Company to
Pond Lick branch; thence down Pond Lick branch to Tract fork of
Peak creek, and across said creek to the nearest point on the line of the
lands of the Pulaski Land and Improvement Company ; thence along the
western and northern boundary of the same to a point where the said
boundary intersects the Robinson tract road; thence a straight line to
the northwest corner of Oakwood cemetery; thence along the northern
and eastern boundaries of said cemeterv to the southeast corner of the
same; thence along the southern boundary of said cemetery to Jefferson
avenue; thence along Jefferson avenue to its intersection with Brook
avenue: thence down Brook avenue to Monroe avenue, near the residence
of J. C. Wysor; thence along Monroe avenue to Fifth street, or the
Pepper’s ferry road; thence with the same to the point where the Alum
Springs road intersects with the Pepper’s ferry road; thence crossing
said roads to the nearest point on the line of the lands of the Pulaski
Iron Company ; thence an easterly course with the northern boundary of
the said Pulaski Iron Company land to where the same touches the
northwest corner of the lands belonging to, or which formerly belonged
to, the Lake Spring Land and Improvement Company; thence along the
south side of the Pepper’s ferry road to the corner of the Macgill land;
thence with the line of said Macgill land to a point where the same
touches the line of the land of the Lake Spring Land and Improvement
Company ; thence with the boundary of the said LakeSpring Land and Im-
provement Company tract of land to the line of the Dora furnace
(formerly Pulaski Development Company’s) land; thence westerly
along the property line of the Dora Furnace Company to a point which
is a corner to the Dora Furnace Company’s and Lake Spring Land and
Improvement Company’s lands; thence southerly along the land of the
Dora Furnace Company to a point in the center of Third street; thence
westerly along the center of Third street to a point in the center of
Union avenue; thence southerly along the center of Union avenue to a
point in a line of the Litchfield land; thence easterly along the line of
said Litchfield land to a point in the line of the lands of the Dora
Furnace Company (now the Virginia Iron, Coal and Coke Company) ;
thence south along the west line along the lands of said Dora Furnace
Company to the south side of the right of way of the Norfolk and West-
ern Railway Company; thence west along the south side of said right of
way to the west side of the bridge of said railway company across Peak
creek (which railway bridge is known as the Pierce bridge, and is situ-
ated on the line of said railway company a short distance east of the
furnace of the Pulaski Iron Company) ; thence in a southeast direction
to the southwest corner of Birch street and Maple avenue; thence south
along the west side of Birch street to the north side of Jackson avenue;
thence east along the north side of Jackson avenue to the east line of the
land of the Lake Spring Land and Improvement Company; thence along
the east line of said Lake Spring Land and Improvement Company to the
southeast corner of the lands of said Lake Spring Land and Improvement
Company; thence around the south and western boundaries of the Lake
Spring Land and Improvement Company to the lands of the Martin
Land and Improvement Company; thence along the south boundary of
the same to the southwest corner of the same; thence due west to a point
due south from the point of beginning; and thence due north to the place
of beginning, all the said territory being in the county of Pulaski, shall be
deemed and taken as the town of Pulaski; and the inhabitants of the said
town of Pulaski, for all purposes for which towns are incorporated in
this Commonwealth, shall continue to be one body politic, in fact and
name, under the name and style of the town of Pulaski, and as such
shal] have, exercise, and enjoy all the rights, powers, and privileges and
immunities conferred upon towns as municipal corporations by the gen-
eral laws of this Commonwealth and by the terms of this charter.

§ 5. The council of said town shall have and exercise all the powers
vested by chapter forty-four of the Code of Virginia, and other general
statutes of this Commonwealth now in force in a municipal corporation
of like character, and such other powers as are granted by this charter;
and the said council may, after first paying a just compensation therefor,
take such private property within the town as may be necessary for laying
out walks, streets, and alleys, widening, altering, or improving the same,
and for other municipal purposes.

And the said council of said town shall have the right, power, and
authority to vacate or discontinue, or to cause to be vacated or discon-
tinued, any of the streets, sidewalks, or alleys of said town as the said
council may, in its discretion, think proper to vacate or discontinue.

The method of ascertaining what will be a just compensation for pri-
vate property thus taken for the purpose of laying out walks, streets, and
alleys, widening, altering, or improving the same, shall be as follows:
After reasonable notice in writing by the clerk of the council to the owner
of a freehold whose property is proposed to be taken, or to his tenant or
agent, the mayor of the town shall, at the time and place mentioned in
said notice, proceed to appoint two freeholders of the town as commis-
sioners, one of whom may be nominated by the owner of the freehold, or
by his tenant or agent, if cither be present, whose duty it shall be to view
the property proposed to be taken, and ascertain what will be a just com-
pensation therefor, and the damage to the residue of such owner’s prop-
erty beyond the peculiar benefits to be derived in respect to such residue
from the work to be done. The said commissioners, if they cannot agree,
may select a third freeholder as commissioner to act with them, and
shall, as soon as possible, report their proceedings to the council. When
such report has been returned, the council may, by a vote of the majority
of its members, either reject or accept said report. If the report be re-
jected, the council may refer the matter to another commission ap-
pointed in the same way and for the same purpose as the first. If the re-
port be confirmed, the amount ascertained by it to be a just compensation
for the property shall be paid to those entitled thereto before work shall
be begun on or through said property.

The method of proceedings to vacate or discontinue any of the streets,
alleys, or sidewalks or ways in said town, shall be as follows: If the coun-
cil of said town shall, at any time, desire to vacate or discontinue any
of the streets, alleys, or sidewalks or other ways in said town, or any parts
thereof, it shall enter an order upon its minutes directing the mayor of
said town to notify, in writing, all the parties, their agents or tenants who
own land adjacent to the streets, alleys, and other ways to be vacated or
discontinued to appear before said council on a day to be fixed by said
mayor, which date fixed shall not be within ten days after service of such
notice, to show cause, if any they have, why the streets, alleys, sidewalks,
or other ways that the council proposes to vacate or discontinue should
not be vacated or discontinued in whole or in part. .

Upon the day fixed by the mayor as aforesaid for the council to act
upon the discontinuing or vacating of said streets, alleys, et cetera, any
party in interest may appear in person or by attorney and object to the
vacation or discontinuance of said streets, et cetera, and may introduce
before the council such legal proof as they may deem proper.

And after hearing of such proof or objections, if any, the said council
may, by order duly entered, approved by the majority of said council,
vacate or discontinue any portion or parts or the whole of the streets,
alleys, sidewalks, or other ways in said town as may be set out in the
notice to the parties in interest.

The said mayor may, in lieu of personal service of said notice upon the
parties in interest, publish such notice for once a week for two successive
weeks in some newspaper edited and published in said town of Pulaski,
which publication of said notice shall be equivalent to personal service of
such notice upon all parties in interest.

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