CHAP. 147.—An ACT to amend the charter of the town of Marion
with reference to the election, duties, and powers of councilmen,
by adding an additional section thereto.

Approved February 27, 1879.

1. Be it enacted by the general assembly of Virginia, That
the act approved on the ninth day of July, eighteen hundred
and seventy, and entitled an act to amend and re-enact an act
passed March fifteenth, eighteen hundred and forty-nine, en-
titled an act to extend the limits of and provide for electing
councilmen for the town of Marion, in the county of Smyth,
investing them with certain corporate powers, be amended by
adding thereto the following sections after section fourteen
aforesaid :

§ 15. Be it furter enacted, That the councilmen of the town
of Marion shall have the power to close or extend, widen or
narrow, lay out or graduate, pave and otherwise improve streets
and public alleys in the town, and have them properly lighted
and kept in good order, and they shall have, over any street or
alley in said town which has been or may be ceded to the town,
like authority as over other streets or alleys. Inthe meantime,
no order shall be made, and no injunction shall be awarded by
any court or judge to stay the proceedings of the said council-
men in doing the works authorized by this act, unless it be
manifest that they, their officers, agents or servents, are trans-
cending the authority given them by this act, and that the in-
terposition of the court is necessary to prevent injury that can-
not be adequately compensated in damages. The said coun-
cilmen shall not, however, have the authority to take or use for
the purpose of extending, widening, or laying out streets, any
private property for said streets, or for any other public pur-
pose, without making to the owner or owners thereof just com-
pensation for the same. But in ail cases where the said coun-
cilmen cannot by agreement obtain title to the ground necessary
for the purposes above described, if shall be lawful for the said
councilmen to apply to and obtain from the circuit or county
court of Sinvth county for authority to condemn the same, which
shall be applied for and proceeded with as provided by law.

$16. Whenever any new street shall be laid out, or when any
street shall be widened, graded or paved, or any other public
linprovement whetsoever made, the said councilmen may deter-
mine what portion, if any, of the expenses thereof ought to be
paid from the pubhe treasury of the town, and what portion by
the owner of real estate benefited, or they may order and direct
that the whole expense be assessed upon the owners of real estate
benefited thereby. But no such public improvement shall he
made to be defrayed, in whole or in part, by a local assessment
until first requested by a petition signed, at least, by a ma-
jority of the owners of property to be assessed for such im-
provement, or unless at least three-fourths of all the coun-
cilnnen shall coneur in voting any inprovement to be expedient,
or in determininy to make the same after allegations have been
heard; in which eas se, no petition or request shall be necessary.
The councilmen shall have the same powers to collect such local
assessments for lmproyeients as are vested in them for the
collection of taxes, and shall have authority to pass such by-
laws and ordinances as may be necessary for the proper execu-
tion of the powers vested in them by this and the preceding
section, the said by-laws and ordinances to be pessed as other
by-laws ant ordinances are required to be passed.

S17. Be it further enacted, That all acts and parts of acts
coming within the purview of this act and inconsistent there-
with be repealed.

§ 18. This act shall be in force from its passage.