Chap. 577.—An ACT to amend chapter 315, acts of 1885 and 1886, entitled an act
to incorporate the town of Cape Charles, in the county of Northampton, ap-
proved March 1, 1886, and to extend and enlarge the corporate limits of said
town.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That the cor-
porate boundary lines of the town of Cape Charles, in Northampton
county, be extended and enlarged, and that the territory hereinafter men-
tioned shall constitute and be a part of said town as embraced within
ihe limits and courses hereinafter set out—to-wit: Beginning at the
southeast corner of Fig street and Mason avenue; thence along the east
line of the county road in a southerly direction, a distance of eleven hun-
dred and four feet from the point of beginning; thence due west to the
low-water mark on the shore of the Chesapeake bay or Cherrystone creek ;
thence in a northerly direction, following the line at the low-water mark,
to the slip; thence in the same general direction across said slip to low-
water mark on the north of the said slip; thence in the same general
direction along the low-water mark to a point in a line with the north

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side of Washington avenue; thence to the northwest corner of Washing-
ton avenue and Pine street; thence along the west side of Pine street to
the southwest corner of Pine street and Mason avenue; thence along the
south line of Mason avenue east to the point of beginning.

2. And the town council is hereby prohibited from building, estab-
lishing, or laying out any streets, roadways, or passways upon s0 much of
said new territory as may now be owned by the New York, Philadelphia
and Norfolk Railroad Company, except where such streets, roadways, or
passways now exist; but where such streets, roadways, or passways now
exist, or are used by the public and recognized as such streets, roadways,
or passways, the said town council shall have jurisdiction and control.

8. Section seven of said act of the general assembly of Virginia ap-
proved March first, eighteen hundred and eighty-six, incorporating the
town of Cape Charles, is hereby repealed; but in all other respects said
act of incorporation, with amendments thereto, is to be in full force and
effect.

4. Be it further enacted, That after the first day of July, nineteen
hundred and two, the town of Cape Charles shall be embraced for school
purposes, in Capeville school district, of Northampton county, and sec-
tion fourteen hundred and sixty-nine of the Code of Virginia of eighteen
hundred and eighty-seven is hereby repealed so far as inconsistent with
this act.

5. Before this act shall take effect the question of annexation upon the
terms hereinafter provided shall be submitted to the freeholders of the
town of Cape Charles and of the Capeville magisterial district, of North-
ampton county, outside of said town, at an clection to be held in the
town of Cape Charles and in Capeville district on the fourteenth day of
June, nineteen hundred and two, and all freeholders who are actual resi-
dents of said territory on the first day of June, nineteen hundred and
two, may register and vote at said election. The judge of the county
court of Northampton county shall, in term time or in vacation, imme-
diately after the passage of this act, appoint from the freeholders of said
town one registrar and three judges of election, and from the freeholders
of said district one registrar and three judges of clection for each regular
election precinct in said town and district, who shall register such voters
and hold said clection, and upon their failure to act, the election shall
be held as prescribed by the general election law of Virginia. The said
judge of the county court shall in like manner, at the same time, order
a registration of the qualified voters therein under this act to take place
at least ten days before said election. The ballot to be used at said elec-
tion may be either printed or written, and shail have written or printed
on the face thereof, “For annexation” or “Against annexation.” The
then judges, who may conduct said election, are hereby appointed com-
missioners of election, and it shall be their duty to meet at the county
courthouse the second day after said election and canvass the returns of
said votes in the manner prescribed by law, and if it shall appear from
the said canvass of said returns that a majority of the votes cast at said
election, both in said town and in said district, respectively, were cast in
favor of said annexation, then the territory mentioned, and the bounda-
ACTS OF ASSEMBLY. 675

ries of which are fully set out in this act, shall at once become and be a
part of the town of Cape Charles under the terms and: provisions of this
act. The clerk of the county court of Northampton county, who is ap-
pointed clerk to said commissioners of election, or his deputy shall cer-
tify a copy of said canvass of said votes to the clerk of the council of the
town of Cape Charles, and file the original with the ballots in his office.
The cost of said registration and election shall be borne by the town of
Cape Charles or the county of Northampton, whichever the said territory
decides to be a part of.
6. This act shall be in force from its passage.