Chap. 109.—An ACT in relation to actions for damages against the city of
Lynchburg, Va.

Approved February 13, 1901.

1. Be it enacted by the general assembly of Virginia, That in any
action against the city of Lynchburg to recover damages against it for
any negligence in the construction or maintenance of its streets, alleys,
lanes, parks, publie places, sewers, reservoirs or water-mains, where any
person or corporation is liable with the city for such negligence, every
such person or corporation shall be joined as defendant with the city
in any action brought to recover damages for such negligence, and where
there is a judgment or verdict against the city, as well as the other de-
fendant, it shall be ascertained by the court or jury which of the de-
fendants is primarily liable for the damages assessed.

2. lf it be ascertained by the judgment of the court that some person
or corporation other than the city is primarily liable, there shall be a stay
of execution against the city till execution against such person or persons
or other corporation or corporations shall have been returned without
realizing the full amount of said judgment.

3. If the city, where not primarily liable, shall pay the said judgment
in whole or in part, the plaintiff shall, to the extent that said judgment
is paid by the city, assign the said judgment to the city without recourse
on the-plaintiffs, and the said city shall be entitled to have execution
issued for its benefit against the other defendant or defendants who have
been ascertained to be primarily liable or may institute any suit in equity
to enforce the said judgment, or an action at law or scire facias to revive
or enforce said judgment.