CHaP. 343.—An ACT to protect villages and unincorporated communities
having within defined boundaries a population of three hundred or
more against the running at large of horses, mules, ponies, asses,
cattle, hogs, sheep and goats within said boundaries, and to authorize
the circuit court of the county in which such village or community is
located to fix the boundaries thereof for the purpose aforesaid.

Approved March 15, 1912.

1. Be it enacted by the general assembly of Virginia, That
the circuit court of any county in which is situated any village
or unincorporated community having within defined boundaries
a population of three hundred or more, shall have jurisdiction
as herein provided, to fix the boundaries of such village or unin-
corporated community for the purpose of preventing horses,
mules, ponies, cattle, asses, hogs, sheep and goats from running
at large within said boundaries.

2. Twenty or more freeholders residing within the said
boundaries, may present to the said court at any term thereof a
petition signed by them praying that the boundaries of said vil-
lage or unincorporated community be fixed for the purposes of
this act: notice of the intention to present said petition, stating
the date on which the same will be presented, shall be posted at
the front door of the court house of said county, and at three or
more conspicuous places within said boundaries at least ten days
before the day on which said petition is to be presented. Said
petition shall state with reasonable certainty the boundaries
within which it is desired to prohibit such animals from running
at large, and shall also state that at least three hundred persons
reside within said boundaries, and that a majority of the free-
holders residing therein are in favor of prohibiting such animals
from running at large. Said petition, if verified by the oath of
one or more of the petitioners, shall be prima facie evidence of
the facts stated therein, and the court without further evidence
shall proceed to enter the order herein provided for unless the
said petition be contested. Any person residing within the said
boundaries wishing to contest the said petition may have himself
entered as a party defendant thereto. In case of such contest the
court, without a jury, shall hear the evidence and, if in doubt as
to the facts, may appoint one or more persons to canvass the said
community and report to the court the number of persons re-
siding within the said boundaries, and also the names of all the
freeholders residing therein, and whether the latter are for or
against the petition. If it appears from the evidence or from
such report, if any be made, that as many as three hundred per-
sons reside within the said boundaries and that a majority of the
freeholders residing therein are in favor of prohibiting such ani-
mals from running at large; and, in case of an uncontested peti-
tion, without other evidence than the petition itself, the said
court shall enter an order fixing the said boundaries as aforesaid.
After the expiration of ten days from the date of entering such
order it shall be unlawful for any such animal-to run at large
within the said boundaries, and any person owning or having
charge of any such animal who shall permit the same to run at
large within the said boundaries shall, upon conviction thereof,
be fined not less than two dollars nor more than five dollars for
each offense, each day such animal is permitted to run at large
to constitute a separate offense; and any such animal found run-
ning at large upon any street, alley, road or other public ground
within said boundaries may be taken up and impounded by any
person, and may retain the said animal in his custody until the
expense of keeping said animal shall have been paid.

3. If the petition be uncontested, the costs thereof shall be
borne by the petitioners: if it be contested, costs shall be awarded
to the party prevailing. The fine provided for by this act may be
imposed by any justice of the peace residing in the magisterial
district within which the said village or unincorporated commu-
nity is located.

4. An emergency existing by reason of the condition of va-
rious suburban and other unincorporated communities in the
commonwealth, this act shall be in force from its passage.