Chap. 71.—An ACT to provide a fence law for the county of Loudoun,
and to repeal an act entitled an act relating to fences and for the pro-
tection of crops, approved January 26th, 1866, in so far as it applies
to the county of Loudoun.

Approved February 20, 1878.

1. Be it enacted by the general assembly, That every free-
holder in the county of Loudoun be required to keep a law-
ful fence along the public highways, and that all partition
fences in said county shall be kept in thorough repair; and
that when division fences between co-terminous owners or
tenants need repair, and such owners or tenants cannot agree
as to the said repairs, then either one of them, after ten days’
notice to the other, may apply to a justice of the peace of
his district, who shall appoint three disinterested freeholders
to be known as fence-viewers, any two of whom may act,
whose duty it*shall be, after being duly sworn, to view the
premises and estimate what repairs are needed, determine
the cost thereof, and the period when they shall be made,
and announce their decision in writing to the parties; and,
if either of the parties shall fail within the specified time to
make the required repairs, then it shall be lawful for the
other party to make such repairs at the cost of the party so
failing, and to recover before a justice of the peace, without
limit as to jurisdiction, the amount estimated for the cost of
said repairs, and the cost of collecting the same. For their
services under this act, the fence-viewers shall be allowed one
dollar for every day so employed, to be recovered one-half
from each party.

2. Where trespasses are committed by stock through divis-
ion fences, or along the public highways, the owners shall
not be chargeable with damages so committed, unless said
fences be in lawful condition.

3. Any pulling down and leaving down of fences in viola-
tion of this act, shall be punished as a misdemeanor by fine
and imprisonment at the discretion of the county court of
said county.

4. It shall be the duty of the several officers conducting
elections in the different voting precincts of Loudoun county,
at the time and places for holding the next general election,
to take the sense of the qualified voters of their respective
voting districts upon the question of adopting or rejecting
the provisions of the foregoing law; and for this purpose, a
separate ballot box sball be prepar ed, so that the voters may
have the opportunity of voting for or against the said law.
The ballots cast in said election shall be as follows: “ For the
fence law;” and, “Against the fence law.” And if from such
returns and abstracts of votes so cast on tho question afore-
said, it shall appear that three-fifths of the qualified voters
of the county voting upon said question are in favor of adopt-
ing this act, and that said three-fifths include a majority of
the votes cast by frecholders at such election, and a majority
of the registered voters of the county, then it.shall be the
duty of the county court to declare the provisions of said
act operative in said county of Loudoun.

5. The manner of canvassing the ballots cast on said question,
and making returns and abstacts of the results thereof, shall
conform in all respects to the general election laws of the
state.

6. The provision of an act passed January twenty-sixth,
eighteen hundred and sixty-six, entitled an act relating to
fences and for the protection of crops, in so far as it applies
to the county of Loudoun, is hereby repealed.

7. This act shall bo in force at the expiration of twelve
months after its adoption by the people.