Chap. 389.—An ACT Declaring Certain Portions of the South Branch of
the Shenandoah river, and of its South Fork, and of Middle river, a Law-

ful Fence.
Approved November 2, 1870.

1. Be it enacted by the general assembly, That the south or
main branch of the Shenandoah river, beginning at the boundary
line between the counties of Warren and Page, and extending
thence to the boundary line between the counties of Rocking-
ham and Augusta, and the south fork thereof, beginning at its
confluence with the main or south branch of the Shenandoah
at Port Republic, and extending thence to the boundary line
between the counties of Augusta and Rockingham, and Mid-
dle river, in Augusta county, up to Samuel Cline’s mill, be and
the same are hereby declared a lawful fence.

2. In case of any trespass of any horse, mule, swine, sheep,
goat, or neat cattle of any description, or of any other stock,
on lands lying along said rivers between the points designa-
ted, the party aggrieved may make complaint to a justice, who
shall issue his warrant immediately to a constable, or other
person specially deputised, returnable, within five days trom
date thereof, before him or some other justice, and at the time
and place named in said warrant, the case will be tried, and
the amount of damages sustained by the complainant shall be
ascertained and judgment given for the same, with legal costs,
as in case of other warrants: provided, that when the jndg-
ment of the justice shall be for a sum exceeding twenty do
lars, the defendant may appeal to the county court, and shall
thereupon be entitled to demand a trial by jury in said court,
and the judgment of said court upon the appeal shall be ac-
cording to such verdict, subject to the right of said court to
set aside the verdict according to the law governing verdicts
in other cases.

3. A lien upon the trespassing animals for the payment of
the damages and 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 party injured 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.