Chap. 317.—An ACT Declaring the Shenandoah river a Lawful Fence, &c.,
in the county of Warren.

Approved Jaly 11, 1870.

1. Be it enacted by the general assembly, That the Shenan-
doah river, beginning at the boundary line of Page and War-
ren counties, and extending thence to the boundary line of
Warren and Clarke counties, be and the same is hereby de-
clared a lawful fence.

2. In case of any trespass of any horse, mule, swine, sheep,
goat, or neat cattle of any description, on lands lying along
said river in said county of Warren, the party aggrieved may
make complaint to a justice of the county, who shall issue his
warrant immediately to a constable, or other person specially
deputised, returnable within five days from date thereof, be-
fore him or other justice, and at the time and place named in
said warrant the case will be tried; and the amount of dam-
ages sustained by the complainant shall be ascertained, and
judgment given for the same, with legal costs, as in case of
other warrants; and for every succeeding trespass by the stock
of the same party on the land of the same complainant, judg-
ment shall be given for double the amount of damage sus-
tained by the plaintiff: provided, that when the judgment of
the justice shall be for a sum exceeding twenty dollars, the
defendant, upon appeal to the county court, shall be entitled
to demand a trial by jury in said court, and the judgment of
the said court upon the appeat shall be according to such ver-
dict, subject to the right of said court to set the verdict aside,
according to the rules of law.

3. A lien upon the trespassing animals for the payment of
the damages, with costs, thus ascertained, shall attach from
the date of the warrant, and shall supersede all other liens,
except when this commonwealth or the United States have a
previous claim for public dues upon said animals.

4. Nothing in this act shall deprive the injured party of his
action of trespass when the damages are laid in a sum exceed-
ing the jurisdiction of a justice of the peace.

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