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►- <br />10 <br />(SEAL) <br />By the Governor: <br />R. L. Jackson <br />Secretary of the <br />VIRGINIA: <br />Commonwealth. <br />Given under my hand and under <br />the Lesser Seal of the Commonwealth <br />at Richmond, this t,r,renty-seventh <br />day of August, in the year of our <br />Lord one thousand nine hundred and <br />thirty-eight and in the one hundred <br />and sixty-third year of the Common- <br />wealth. <br />JAMES H. PRICE <br />Governor of Virginia <br />At a Circuit Court continued and held in Albemarle County Courthouse <br />in said County on Friday, November 11, 1938, in the One hundred <br />sixty-third year of the Commonwealth. <br />CITY OF CHARLOTTESVILLE, PLAINTIFF, <br />VS. <br />COUNTY OF ALBEMARLE, DEFENDANT. <br />UPON PETITION TO 1`111NEX TERRITORY. <br />In the matter of the Application of t%ze City of Charlottesville <br />for the Annexation of Certain Territory in the County of Albemarle. <br />Court Sitting: JUDGE LEMUEL F. S;"1ITI11V <br />Order Judge of the Circuit Court <br />for the County of Albemarle <br />and also Judge of the Circuit <br />C_)urt for the City of Charlottes- <br />ville; <br />JUDGE ROBERT F. HUTCHESON, <br />Judge of the Fifth Judicial <br />Circuit, being a Judge of a <br />Circuit adjacent to Albemarle <br />County; <br />JUDGE :`ALTER T. MCCrIRTHY, <br />Judge of Sixteenth Judicial <br />Circuit, being a Judge from a <br />remote Circuit of the State, <br />the last two named Judges having <br />been appointed by the Governor <br />of Virginia to sit in this <br />proceeding. <br />This cause came on to be heard on the 16th. day of September, <br />1)38, )n the motion of the City of Charlottesville by an order <br />authorizing and declaring the annexation provided for by an ordinance <br />passed by the Council of the City of Charlottesville on the 17th. day <br />of August, 1933, by recorded affirmative vote of four ayes and no <br />nays, the City Council consisting of five members, one of v%,hom was <br />absent, pursuant to the provisions of law. And it appearing to the <br />Court that not less than thirty dayst notice was given to the <br />Commonwealthts Attorney of Albemarle County and to the Board of <br />County Supervisors of Albemarle County within which the territory <br />desired to be annexed lies; <br />And, thereupon, the said County by counsel presented to the <br />Court its ansr:er to said notice and annexation ordinance and the <br />School Board of Albemarle County filed its petition. <br />The City of Charlottesville at a later date filed its demurrer <br />to the petition of the School Board of Albemarle County and its replication <br />to the answer of the County of Albemarle, 1.1Thich demu_-rer was over- <br />ruled, and to which action the City of Charlottesville by counsel <br />excepted. <br />And, thereupon, on the ;rl+th. day of October, 1938, came <br />various parties and moved the Court that they be made pa -ties <br />defendant to this cause, and it was so ordered. <br />And it further appearing to the Court from the evidence heard <br />from day to day and from time to time that the said ordinance of the <br />Council of the City of Cha-L-lottesville was passed by a recorded <br />affirmative vote of a majority of all of the members elected to the <br />Council of the City of Charlottesville and that all of the reuire- <br />ments and conditions of law have been taken, and the Court having <br />