Chap. 229.—An ACT to validate sewer assessments made by the council of
the town of Salem, by virtue of the 24th section of an act approved Feb-
ruary 12, 1892, entitled an act to amend and re-enact an act approved
March 21, 1836, entitled an act to incorporate the town of Salem, in the
county of Botetourt, and all acts amendatory thereof.

Approved January 30, 1900.

Whereas by the twenty-fourth section of the act of assembly, passed
abruary twelfth, eighteen hundred and ninety-two, the council of the
wn of Salem was authorized and empowered to divide the town into
wer districts and designate the same by numbers; to complete sewerage
such districts and assess three-fourths of the costs thereof upon the lot
‘ners of such districts; and in said twenty-fourth section it is provided
hen, and in what manner, such assessments should become liens on the
ts, and how the‘same may be enforced, and the privileges which
tached to the lots when said assessments were paid; and

Whereas the council of the town of Salem has completed the sewerace
| sewer district number one, and made assessments to pay therefor as
thorized by said section twenty-four; and
Whereas a doubt has arisen as to the validity of said assessments, be-
cause the said section twenty-four fails to provide for notice to the
parties whose property is affected by the assessments, giving them an
opportunity to appear and contest the legality, justice, and correctness
thereof before the same became final; therefore,

1. Be it enacted by the general assembly of Virginia, That the assess-
ments made by the council of the town of Salem on lots in said sewer
district number one, be, and the same are hereby, validated; but before
said assessments shall become final and the lien provided by said section
twenty-four attach to the lots, the person or persons whose property is
affected by the said assessments shall be given at least sixty days’ notice,
to appear before the county court of Roanoke county and contest the
justice and correctness of the assessment. The summons shall be exe-
cuted and returned as a summons may be in other cases, except that it
may he personally served in the county on an agent of any lot owner not
within the same, and such service shall be equivalent to service on such
lot owner. And if any lot owner reside out of this state and be not
within the county, or have no agent known to the council residing
therein, or if the true owners of the lots be not known to the council.
the council may cause notice to all whom it may concern to be published
for four successive weeks in some newspaper of general circulation, or
posted at the front door of the court-house of the county on some court
day, to appear and show cause against the justice and correctness of the
assessment. The cost of such publication shall not exceed the cost of
publishing an order under section thirty-two hundred and thirty-five
of the code of Virginia, and shall be paid by the council. Personal ser-
vice of said summons on a non-resident and return thereof may be in
the mode and with the effect prescribed bv section thirty-two hundred
and thirty-two of the code of Virginia. Should the person so summoned
fail to appear and contest, the assessment shall become final as to him.
and the amount so assessed shall constitute a lien on his lot or lots. If
the person appear and contest, then the court shall hear the matter and
make such order as shall seem to it just and proper, and the judgment of
the court shall be final, except where the amount in controversy exceeds
the sum of fifty dollars, exclusive of interest and costs, in which case
either party may appeal to the circuit court for the county of Roanoke.

Upon default being made in the payment of the assessments after
the same have become final, the proceedings to enforce the collections
shall conform to sections ten hundred and forty-four, ten hundred and
forty: five, and ten hundred and forty-six of the code.

. This act shall be in force from its passage.