CHAP. 293.—An ACT for making or repairing division fences between
co-terminous land owners in the county of Amherst. .

Approved March 1, 1886. .

1. Be it enacted by the general assembly of Virginia, That
in the county of Amherst, when a division fence between co-
terminous land owners, in the opinion of either, should be made
or repaired, and such owners do not agree as to the same, either
one of them, on ten days’ notice in writing to the other, may
apply to the justice of the peace of his district, who shall ap-
point three disinterested freeholders of his county as arbitra-
tors, who being first duly sworn, shall view the premises, hear
the parties, and consider and determine, first, whether to make
or repair the fence, as applied for, be to the interest of both
parties; and secondly, if yea, they shall estimate the cost thereof
to each, fix definitely the part to be made or repaired by each,
the manner in which to be made or repaired, and the time
within which the same shall be made or repaired, and deliver
a copy of their decision, in writing, to each of the parties, and
make return thereof to their county court. If, thereupon, either
party fail within the time specified to make the fence or repairs
thus determined, then the other party may make the fence or
repairs at the cost of the party so failing; and on motion, within
ten days’ notice thereof, before the county court to which said
return may be made, may recover the amount so estimated,
and the costs of enforcing the same, and have judgment and
execution as in matter of debt or account. The arbitrators
shall have each one dollar for every day so employed, to be
borne equally by the parties, except that in a case where the
arbitrators determine in the beginning that the fence should
not be made or repaired, then the cost shall be paid by the
party applying for the arbitration.
2. This act shall be in force from its passage.