Chap. 429.—An ACT to amend and re-enact section 11 of an act entitled an act
to provide a charter for the city of Winchester, approved April 2, 1874.

Approved February 26, 1896.

1. Be it enacted by the general assembly of Virginia, That section
eleven of an act entitled an act to provide a charter for the city of
Winchester, approved April second, eighteen hundred and seventy-
four, as amended by an act approved April thirtieth, eighteen hun-
dred and seventy-four, and as further amended by an act approved
March twenty-seventh, eighteen hundred and eighty-seven, be
amended and re-enacted so as to read as follows:

§ 11. Whonever any sidewalk on any public street of the city shall
be graded or paved, or curbed or repaved, or the paving or curbing
thereof repaired or renewed, the common council may determine
what portion of the expense of such improvement shall be paid out
of the city treasury,and what portion, if any, by the owner or owners
of the real estate benefited thereby; provided that not more than one-
half of said expense shall be assessed against the said owner or
owners of the abutting real estate benefited thereby; and for what-
ever amount the council shall decide ought to be paid by the owner
of the real estate bounding and abutting on said sidewalk and bene-
fited by any such improvement an assessment shall be levied by the
council by the front foot bounding or abutting or benefited as afore-
said; which said assessment shall be payable within ninety days
from the date of its levy as aforesaid, and shall be a lien upon the
real estate against which it is assessed from the date of the passage
of the ordinance levying such assessment. Said lien may be en-
forced by suit in equity, or the payment of any such assessment may
be enforced in the same manner that taxes levied upon real estate
for the benefit of said city are authorized to be collected; but no
such assessment on abutting real estate shall be levied until a plan
of such improvement has been made by the committee on streets or
its engineer, and an estimate of the cost thereof and the amount to
be paid by each abutting owner has been filed in the office of the
clerk of the city council, and a hearing upon said plan and proposed
assessment has been given to said abutting owner or owners before
said council, or the street committee thereof. Notice of the time
and place of said hearing shall be given to said abutting owner or
owners at least ten days before the date thereof in such manner as
the common council may by ordinance prescribe.
2. This act shall be in force from its passage.