Chap. 155.—An ACT toamend and re-enact section 1 of an act entitled
an act for making and repairing division fences between coterminous
land owners, in the connties of Alleghany, Bath, Botetourt, Highland,
Rockbridge, Loudoun, Frederick, Nelson, Clarke, Pittsylvania, Car-
roll, Craig, Rockingham, and Scott, approved March 6, 1882, and as
amended and re-enacted by an act approved April 14, 1882.

Approved November 27, 1884:

1. Be it enacted by the general assembly of Virginia, That
section one of chapter two hundred and twenty-seven, Acts
of eighteen hundred and eighty-one and eighteen hundred
and eighty-two, as amended by chapter forty of Acts of
eighteen hundred and eighty-two, approved April fourteenth,
eighteen hundred and eighty-two, entitled an act to amend
and re-enact an act for making and repairing division fences
between coterminous land owners in the counties of Alleg-
hany, Bath, Botetourt, Highland, Rockbridge, Loudoun and
Frederick, be amended and re-enacted so as to read as follows:

§1. Be itenacted by the general assembly of Virginia, That
in the counties of Alleghany, Bath, Botetourt, Highland,
Rockbridge, Loudoun, Frederick, Dinwiddie, Nelson, Clarke,
Pittsylvania, Carroll, Craig, Rockingham and Scott, and all
acts and parts of acts inconsistent with this act are hereby
repealed; when a division fence between coterminous land
owners, in the opinion of either, should be made or repaired,
and such owners do not agree as to the same, either ono of
them, on ten days’ notice to the other, may apply to a justice
of the peace of his district, who shall appoint three disinter-
ested freeholders of his county as arbitrators, two of whom
may act, who being first duly sworn, shall view the premises,
hear the parties, and consider and determine first: whether
to make or repair as applied for, be to the interest of both par-
ties; and secondly, if yea, they shall estimate the cost thereof
to each, fix definitely the part to be done by each, the manner
in which to be done, and the period in which the same shall be
done, and the cost of doing the same, and acopy of their deci-
sion in writing shall be delivered to each party, and a copy
thereupon returned to their county court. If, therefore,
either party fail to make the fence or repairs thus determined,
then the other party may make the fence or do the repairs at
the cost of the party so failing, and on motion after ten days’
notice thereof before the county court to which said return may
be made, may recover the amount so estimated, and the cost of
enforcing the same, and have judgment and execution as in
matters of debt or account. The arbitrators shall have each
one dollar for every day so employed, one-half to be recovered
of the party failing to make or repair.

2. This act shall be in force from its passage.