CHAP. 315.--An ACT to incorporate the town of Cape Charles, in the county of Northampton.

1. Be it enacted by the general assembly of Virginia, That the town of Cape Charles [City], in the county of Northampton, as the same has been or may hereafter be laid off into lots, streets and alleys, be and the same is hereby made a town corporate, by the name of Cape Charles, and by that name shall have and exercise the powers conferred upon towns of less than five thousand inhabitants by the laws of Virginia now existing, or which may hereafter be enacted, so far as the same are not in conflict with the provisions of this act. Town incorporated.

2. The boundaries of said town shall be as follows: beginning at a point on the divisional line of the lands of Hon. W. L. Scott, and the New York, Philadelphia and Norfolk railroad company, at the terminus of said road, one thousand one hundred and thirty feet eastwardly of low-water mark in the Cherrystone inlet of Chesapeake bay, or nine hundred and forty feet from a stone on the high bank, placed on this line at a distance of one hundred and ninety feet from said low-water mark; thence running along said divisional line north eighty-eight degrees, east twenty-six hundred and ninety feet; thence north two degrees, west twenty-two hundred feet; thence south eighty-eight degrees, west twenty-six hundred and ninety feet; thence south two degrees, east twenty-two hundred feet, to the place of beginning. Boundaries.

3. The government of said town shall be vested in a mayor and six councilmen, to be elected annually, on the fourth day in May, from the qualified electors of the said town. All persons entitled to vote in the county of Northampton, and who have resided in the said town for three months next previous to any election, shall by entitled to vote at all elected held in said town under this act of incorporation. The first election under this act shall by held on the fourth Thursday May, eighteen hundred and eighty-six. Mayor and council.

4. The mayor and councilmen shall constitute the council of said town, a majority of whom shall constitute a quorum to do business, and all the corporate powers of the said town be exercised by the said council, or under its authority, except where otherwise provided by law. The mayor shall be president of the council, and shall have all the rights, powers and privileges conferred upon such officer by the general laws of this state, for the government of towns of less than five thousand inhabitants. He shall by invested with all the powers of a justice of the peace within the limits of the said town, and one mile beyond said limits, except, however, no civil warrants shall by tried by said mayor. All fines, penalties, or imprisonment's for violation of the bylaws or ordinances of said town, shall by recovered before, or enforced under the judgment of the mayor, and for that purpose he may issue process as a justice of the peace, and for such services shall be entitled to same fees for like services performed by a justice of the peace. The mayor shall have no vote in the council except in case of a tie-vote. All vacancies which may occur in the office of mayor or councilmen, shall by filled by the council. The mayor and councilmen shall hold their respective offices for one year from the first day of July next succeeding their election, and until their successors are elected and have qualified. Corporate powers.

5. The said council shall have power to elect a treasurer, a clerk, a sergeant, and such other officers as they may deem necessary for the proper government of said town, to regulate the compensation of said officers, to prescribe their duties, to remove them from office, to require bond with approved security of them for the faithful discharge of their duties, and to fix the penalty of bonds required. The council shall have power to enact by-laws and ordinances for the government the said town. Officers.

6. The sergeant of the town shall be a conservator of the peace, and be invested with all the powers of a constable within the limits of said town, and also have the power to arrest offenders within one mile of the limits of said town for offences committed within the limits of said town, or against its by-laws or ordinances, and for such services the sergeant shall be entitled to the same fees as a constable for like services. The use
of the jail of the county of Northampton shall be allowed the
said town for the confinement and safe keeping of all persons
arrested or sentenced to imprisonment under the by-laws or ordinances of the said town; and the sergeant of the said town may convey any person so arrested or sentenced to the said jail, and the jailor shall receive such person in the same manner as if such person were committed by a justice of the peace of said county and delivered to the said jailor by a constable. Sergeant.

7. The said town and property therein, and residents thereof shall be exempt from the payment of any road tax, and from working on any road outside of the said town, and in consideration of this exemption the said town shall keep its streets in repair. The said town shall not be embraced in any road district of the county of Northampton. Exemption.

8. Carl H. Walbridge is hereby declared and appointed mayor, and George W. Russell, Severn B. Travis, Beverly T. Fitchett, George W. Widgeon, Lemuel E. Mumford, and Benjamin F. Kellogg are hereby appointed and declared councilmen of the said town of Cape Charles, and may qualify as such before any justice of the peace of Northampton county, by taking the oath of office, and thereupon they shall constitute the council of said town, and shall hold office until the first day of July eighteen hundred and eighty-six, or until their successors are duly elected and have qualified. The council hereby appointed shall meet and organize upon the call of Carl H. Walbridge mayor, or of any three of said councilmen. Mayor, &c., appointed.

9. This act shall be in force from its passage. Commencem't.