Chap. 26.—An ACT to amend and re-enact section 3541 of the Code of Virginia,
relating to damages for trespass by animals; forfeiture, etc. [S B 51]

Approved February 16, 1934

I. Be it enacted by the General Assembly of Virginia, That section
thirty-five hundred and forty-one of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 3541. Damages for trespass by animals; for forfeiture,
etc.—If any horse, mule, cattle, hogs, sheep or goats shall enter into

any grounds enclosed by a lawful fence, or by a river or stream or any
part thereof which is by law a lawful fence, or into any ground in
counties or magisterial districts, or selected portions thereof, wherein
the boundary lines of lots or tracts of land have been constituted law-
ful fences, the owner or manager of any such animal shall be liable for
the actual damages sustained, if the amount of such damage shall be
one dollar or more, which said damage shall be assessed for each such
entry and not for each such animal, except as hereinatter provided, and
shall in no case be estimated and assessed at less than one dollar, and
where punitive damages are awarded, the same shall not exceed twenty
dollars in any case; and in case of such entry within that part of Henrico
county, within three miles of the corporate limits of the city of Rich-
mond, the minimum amount of damages assessed in any case shall be
two dollars for each animal. For every succeeding trespass the owner
or manager of such animal shall be liable for double damages, both
actual and punitive, in no case to be less than two dollars. Aiter a
judgment of the court a lien upon such animal shall enure for the benefit
of the owner or tenant of such enclosed ground, and execution shall
thereupon issue from the court or justice rendering the judgment, and
the animal or animals so trespassing shall be levied upon by the officer
to whom the execution was issued, who shall sell the same, as provided
for by statute. Whenever any such animal is found trespassing upon any
such enclosed ground, the owner or tenant of such enclosed grounds
shall have the right to take up said animals and impound the same until
the damages provided for by this section shall have been paid, or until
the same are taken under execution by the officer as hereinbefore pro-
vided, and the costs of taking up and impounding said animal or animals
shall be estimated as a part of the actual damage. And it shall be the
duty of such owner or tenant of said lands so trespassed upon, within
three days after the taking up and impounding said animal or animals,
unless the damages be otherwise settled, to apply to a justice of the
peace of the district in which said land is situated for a warrant for
the amount of damage so claimed by him, and said justice shall issue
the same, to be made returnable at as early date, not less than three days,
as shall be deemed best by him; and upon the hearing of the case shall
give such judgment as is deemed just and right.