Chap. 409.—An ACT Declaring the Rapidan river, from Liberty Mills to its
Junction with the Roberson river, a Lawful Fence.

Approved November 5, 1870.

1. Be it enacted by the general assembly, That the Rapidan
river, beginning at Liberty Mills and extending to its junction
with the Roberson river, and which is the boundary line be-
tween the counties of Madison and Orange, be and the same
is 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 river between the points designated,
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 from
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 as
certained and judgment given for the same, with legal costs,
as in case of other warrants: provided, that when the judg-
ment of the justice shall be for a sum exceeding twenty dol-
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
this commonwealth or 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.

. This act shall be in force from its passage.