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Ch. 1, § 2 MARTINSVILLE'CODE ~-~;, 15.1-897 through 15.1-900 inclusive, of the Code of Virginia, as amended, which is incorporated herein by reference. (b) The city may enter upon the property to be condemned at any time after the filing of its petition for condemnation and prior to the determination and deposit of the award of just compensation for its purposes if, upon the petitioner's application to do so, the court, after thirty days notice to the parties and after hearing all parties in interest, finds: (1) That a public necessity or an essential public convenience requires such entry for such purposes, and that an emergency exists justifying such entry, before the · time when just compensation can be determined and the amount so determined paid into court, and (2) That the interests of the owners of such property will be a, dequately protected by the payment into court or to the clerk thereof for the benefit of the owners of the amount of the offer made in accordance with law. Upon such payment, the petitioner shall have the right to enter upon the property as described in its petition. At any time after .such payment into court or to the clerk thereof, a party whose property or interest therein is to be taken or damaged may apply to the court for the withdrawal of his share thereof in the manner provided by law. (c) At any time during the condemnation proceedings, if it appears necessary so to do in order to protect the owners of the property or estate or interest therein to be con- demned and assure unto them the payment of just compensation to which they are entitled, the court may require the petitioner to pay such additional sums into court as deemed necessary to protect the owners of the property or estate in interest being condemned. (d) If the petitioner enters upon the property under this section and does any work thereon, or causes any injury or damage to such property, it shall not thereafter be entitled, without the consent of the owner, to abandon the proceedings for the con- demnation thereof, but shall conduct such proceedings with reasonable dispatch to final judgment and the petitioner shall pay to the owner of the property or into court the amount of just compensation determined in the condemnation proceedings. In every case where a street in said city has been, or shall be encroached upon by any fence, building or otherwise, the council may require the owner to remove the same, and if such removal be not made within the time prescribed by the council, it may impose such penalty as it deems proper for each and every day it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with costs by the same process that council is hereinafter empowered to collect taxes. Except, in case where there is a bona fide dispute as to the true boundary line or the location of the true street line (and if such passage over such street is not seriously, impeded) the same shall .be first established and determined by an adjudication of a (34) 10