Chap. 1020.—An ACT to provide for local assessments in cities and towns.

Approved March 7, 1900. —

1. Be it enacted by the general assembly of Virginia, That whenever
the council of any city or town in this commonwealth, whether acting
under special charter or general laws, shall propose to open or lay out
or grade and pave any street, construct any culvert or sewer, or make
uny other public improvement whatsoever therein, to be paid for in
whole or in part by a local assessment, it shall fix and determine the
limits of the district within which the real estate will In its opinion be
benefited thereby, and shall give ten days’ notice, which shall be served
on the owner of each parcel of such real estate, or in case of an infant
or insane person his parent, guardian, or committee, to appear before
such council, or a committee thereof to whom the matter may he
referred, at a time and place to be stated in the notice, to be heard for
er against such public improvement. If there be no such owner, parent,
ruardian, or committee within this state, upon affidavit of the fact
heing filed with the clerk of the council, the notice shall be served on
the tenant of the freehold, if any, and published for ten days in some
convenient newspaper and posted at the front door of the court-house
or city hall of such city, or, in case of a town, at the front door of the
court-house of the county in which such town is situated on the first
day of the term of a court of record next succeeding the first time such

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notice is so published. The notice shall be issued by the clerk of the
council and attested by him, upon the order of the council. All persons
interested who may appear shall be heard, if they desire, for or against
such public improvement, and the hearing may be adjourned from time
to time until completed.

2. After such hearing, if the council shall determine to have such
public improvement made, it may order it to be made, and shall deter-
mine what portion, if any, of the expense thereof it proposes shall be
paid out of the treasury of the city or town, and what portion thereof
it proposes to assess upon the real estate within such district, and shall
designate some officer, who shall, when the work shall have been com-
pleted, apportion the total expense thereof accordingly, and who shall
also, upon such principles as shall be determined by ordinance or reso-
lution of the council, ascertain the proportionate part thereof it is pro-
posed to assess against each parcel of such real estate, and make report
thereof in writing to the council; but no such public improvement
shall be made, to be defrayed in whole or in part by a local assessment,
unless first requested by a petition from the owners of the real estate
to be affected thereby, or unless two-thirds of all the members of the
council shall concur in voting the same to be expedient and in determin-
ing to make the same, in which case no petition shall be necessary.

3. The report of such apportionment shall lie in the office of such
officer or that of the clerk of the council at least twenty days, open
to inspection by any person whose property it is proposed to charge
with any such assessment, after which such officer or the clerk of the
council shall deliver the same, or a copy thereof attested by him, to
such committee as the council may designate or appoint to hear and
determine such cases, which committee shall consist 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 it is composed of two
branches; but before delivering such report such officer or clerk of the
council, as the case may be, shall give ten days’ notice, which shall be
served on the owner of each parcel of such real estate, or in case of an
infant or insane person, his parent, guardian, or committee, of the
existence of such report, and of the amount it is proposed to charve
avainst the real estate of such owner and requiring him to appear after
the expiration of said twenty days at a time and place designated in
said notice before such committee and show cause against the proposed
assessment. If there be no such owner, parent, guardian, or committee
within this state, the notice shall be served on the tenant of the free-
hold, if any, and published and posted as is hereinbefore provided in
case of notice to appear and be heard for or against such public im-
provement.

4. Such apportionment shall stand as to all persons not appearing
and objecting thereto, and shall be a hen on the real estate so charged.
Any person interested may appear in person or by attorney and object
thereto, at the time and place designated in said notice, and shall be
heard at that meeting or at some subsequent one. The committee shall
endorse its judgment on the notice in each case and return the same
to the council.

5. If the committee shall overrule such objection, then such person
shall have the right to appeal from the decision of the committee within
fifteen days from the date of such decision to the corporation or hust-
ings court of the city, or in case of a town, to the circuit court of the
county in which such town is situated. The clerk of the council, when
an appeal is taken, shall immediately deliver to the clerk of the court
which has jurisdiction of the appeal the original notice with the judg-
ment 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 & 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 the 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 real estate charged therewith.

6. Such city or town may enforce the lien of all local assessments
made under this act, in its own name, by suit in equity.

7. Anv such local assessment or a copy thereof attested by the clerk
of the council may be certified by him to the clerk of the hustings
court of the city or in case of a town to the county court of the county
in which any such real estate is and shall thereupon be docketed as a
judgment is docketed under section thirty-five hundred and fifty-nine
and thirty-five hundred and sixty of the code of Virginia, and shall be
indexed as a judement is required to be indexed under section thirty-five
hundred and sixty-one of the said code, and until so docketed and
indexed they shall not be liens on such real estate as against purchasers
thereof for valuable consideration without notice.

8. This act shall be in force froin its passage.