CHaP. 432.—An ACT to amend and re-enact section 2048 of the Code of
Virginia, 1887, as amended by an act of the general assembly, ap-
proved December 31, 1903, entitled an act to amend and re-enact sec
tion 2048 of the Code of 1887, as amended by act of the general as-
sembly, approved February 26, 1896, as amended by an act approved
March 7, 1900, so as to provide how the present existing fence law in
any county, magisterial district or selected portion of any county
other than such as now have no fence law, ma
board of supervisors of such county, approved rch * ae

Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
section twenty hundred and forty-eight of the Code of Virginia
of eighteen hundred and eighty-seven, as amended by an act ap-
proved December thirty-first, nineteen hundred and three, en-
titled an act to amend and re-enact section twenty hundred
and forty-eight of the Code of eighteen hundred and eighty-
seven, aS amended by an act of the general assembly, approved
February twenty-six, eighteen hundred and ninety-six, as
amended by an act approved March seventh, nineteen hundred,
so as to provide how the present existing fence law in any county,
magisterial district, or selected portion of any county other than
such as now have no fence law, may be changed by the board of
supervisors of such county, be amended and re-enacted so as to
read as follows:

section 2048. The board of supervisors of any county in
this State, after posting notice of the time and place of meeting
for thirty days at the front door of the courthouse, and at each
voting place in the county, and by publishing the same once a
week for four successive weeks in some newspaper of such
county, if any be published therein, a majority of the board
being present and concurring, may, except with relation to di-
vision line between adjoining land owners, declare the boundary
line of each lot or tract of land, or any stream in such county, or
in any magisterial district thereof, or any selected portion of
such county, to be a lawful fence as to any or all the animals
mentioned in section twenty hundred and forty-two of the Code
of eighteen hundred and eighty-seven, or may declare any other
kind of fence for such county, magisterial district, or selected
portion of the county, than as prescribed by section twenty hun-
dred and thirty-eight of the Code of eighteen hundred and eigh-
ty-seven, as amended by the act of the general assembly March
twenty-fifth, nineteen hundred and two, to be a lawful fence, as
to any or all of the said animals; and the board of supervisors
of any such county, shall upon petition of a majority of the quall-
fied voters of any election district declare the boundary lines of
each lot or tract of land in such election district to be a lawful
fence as to such of the animals named in section twenty hundred
and forty-two of the Code as may be named in the petition; or
if a majority of the qualified voters of any election district there-
of shall desire any other kind of fence than as prescribed by
section twenty hundred and thirty-eight of the Code as amended
by said act of March twenty-fifth, nineteen hundred and two, to
be established as a lawful fence for such election district, an?
shall sign and present to the board of supervisors a petition, set-
ting forth the kind of fence desired, the said board of super-
visors shall thereupon declare the kind of fence described in such
petition to be a lawful fence for such election district, as to
such of the animals mentioned in section twenty hundred and
forty-two of the Code of eighteen hundred and eighty-seven, as
snall be named in the petition; and the boundaries of such lot or
tract of land, or stream the kind of fence prescribed by the
board, or the kind of fence described in said petition as the case
may be, shall constitute a lawful fence as to the said animals,
or such of them as may be named after six months from the
time of such action by the board, and to such extent section
twenty hundred and thirty-eight, shall be inoperative from and
after the said six months. And, at any time after the expira-
tion of two years from the date of the entry of the order of the
board of supervisors, heretofore or hereafter made establishing
such boundary lines; such board of supervisors shall thereafter,
upon like petition so to do, and upon like procedure, annul, set
aside or amend such order so entered, according to the prayer
of the petition, to take effect six months after the date of the
entry of the order.

Provided, however, that this act shall not be construed as
applying, and shall not apply, to relieve the adjoining land own-
ers from making and maintaining tneir division fences, as de-
fined by section twenty hundred and thirty-eight of the Code of
Virginia, but as to such division fences sections twenty hundred
and fifty-three, twenty hundred and fifty-four, twenty hundred
and fifty-five, twenty hundred and fifty-six, twenty hundred and
fifty-seven, twenty hundred and fifty-eight, twenty hundred and
fifty-nine, an acts amendatory thereof, shall remain in full force;
and provided, that nothing contained in this act shall relieve any
railroad company of any duty or obligation imposed on every
such company by section twelve hundred and fifty-eight of the
Code of Virginia, as amended by chapter three hundred and
seventy-three of the acts of-the general assembly of Virginia,
sessions eighteen hundred and ninety-nine, and nineteen hun-
dred, approved February fifteenth, nineteen hundred, or imposed
by any other statute now in force, in reference to fencing their
lines of railway and right of way; provided, further, that noth-
ing herein contained shall authorize or require the board of su-
pervisors to declare a more stringent fence as a lawful fence for
any county, magisterial district, or selected portion of the county
than as prescribed by section twenty hundred and thirty-eight,
as amended by the said act of March twenty-fifth, nineteen hun-
dred and two; provided, further, that this act shall not repeal
the present existing fence law in any county, magisterial district
or selected portion of any county, until changed by the board of
supervisors, in accordance with the provisions hereof; and pro-
vided, further, that the provisions of this act shall not apply to
any county, magisterial district, or selected portion of any county
in which the no-fence law is now in force, if such no-fence law
exists otherwise than under order of board of supervisors, en-
tered pursuant to section twenty hundred and forty-eight of the
Code of Virginia, eighteen hundred and eighty-seven, as amended
by act of the general assembly nineteen hundred and two, nine-
teen hundred and three, nineteen hundred and four. Provided,
the provisions of this act shall not apply to or affect the county
of Southampton, nor to the county of Isle of Wight.