Chap. 729.—An ACT to amend and re-enact section 1043 of the code of Vir-
ginia in order to provide for local assessment.

) Approved March 4, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tion ten hundred and forty-three of the code of Virginia be amended
and re-enacted so as to read as follows:

§ 1043. City and town levies—They shall annually cause to be
made up and entered on their journal an account of all sums law-
fully chargeable on the city or town which ought to be paid within
one year, and order acity or town levy of so much as in their opinion
is necessary to be raised in that way, in addition to what may be
received for licenses and from other sources. The levy so ordered
may be upon the male persons in the said city or town above the age
of twenty-one years and upon any property therein, and on such
other subjects as may at the time be assessed with state taxes against
persons residing therein. Whenever in any city or town, whether
acting under special charter or general laws, any new street shall be
opened or laid out, a street graded and paved, culverts or sewers con-
structed, or any other public improvement whatsoever made in any
city or town in this commonwealth, the council of gquch city or town
may determine what portion, if any, of the expense thereof shall be
paid from the treasury of said city or town, and what portion thereof
shall be assessed upon the real estate, which in the opinion of the
council shall be benefited thereby; but no such public improvement
shall be made to be defrayed in whole or in part by a local assess-
ment until first requested by a petition from the owners of the real
estate to be affected thereby, or unless three-fourths of the council
shall concur in voting such improvement to be expedient or in
determining to make said improvement, in which cases no peti-
tion shall be necessary. If no petition be filed, the council or
a committee thereof to whom the matter shall be referred, shall,
before determining that such improvement shall be made in
whole or in part at the expense of the persons whose lands, in
its opinion, will be thereby benefited, have such person sum-
moned, by at least ten day’s notice, to appear before such council or
committee, to be heard for or against such improvement. After such
hearing, if the council shall determine to have such improvement
made, it may order it to be made, and after the work shall be com-
pleted it shall designate some officer who shall, upon such principles
as may be determined by ordinance or resolution of the council, ap-
portion the total cost and expense of said improvement and report
the proportionate amount thereof it is proposed to assess against
each parcel of land benefited thereby. The report of such appor-
tionment shall lie in the office of such officer, or that of the city
auditor, twenty days, open to inspection by any person whose prop-
erty it is proposed to charge with any such assessment. Fifteen
days’ notice shall be given to each person interested of the existence
of such report in the manner provided by law for the service of no-
tice, specifying the amount it is intended shall be borne by a local
assessment against the land of such person, and said notice shall cite
such person to appear, at a time and place designated, before a com-
mittee to be appointed for that purpose, which committee shall con-
sist of not less than three members, when the council is composed
of one branch, and a joint committee of not less than five members
when the council is composed of two branches, and show cause
against the proposed assessment. Such apportionment shall stand
as to all persons not appearing and objecting thereto, and shall be a
lien on the land so charged, enforceable as are other city taxes
against real estate therein. Any person objecting thereto shall ap-
pear in person or by attorney at the time and place designated in
said notice, and shall be heard at that meeting or at some subsequent
one. If the committee shall overrule such objection, then the party
shall have the right to appeal from the decision of the committee,
within fifteen days from the date of such decision, to the corpora-
tion or hustings court of the city, or in case of a town, to the circuit
court of the county in which such town is situated. Theclerk of the
council, when an appeal is taken, shall immediately deliver to the
clerk of the court which has cognizance of the appeal the original
notice with the judgment of the committee endorsed thereon, and
the clerk shall docket the same. Every such appeal shall be tried
by the court or the judge thereof in a summary way without pleadings
in writing, and without a jury, in term time, or in vacation, upon
reasonable notice to the adverse party. All legal evidence produced
by either party shall be heard, whether the same was produced or
not before committee from whose decision the appeal is taken. The
amount so ascertained as proper to be borne by the appellant shall
be a lien on the land of such person, enforceable as on other city
taxes against real estate therein.
2. This act shall be in force from its passage.