Chap. 247.—An ACT to provide a summary remedy, in addition to existing remedies
for trespass, for redress on the part of any landowner whose trees are cut by any
person cutting timber, under certain circumstances, on adjoining lands.

[H

B 300]
Approved March 18, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. If any person, firm, or corporation, in the course of
cutting timber on any timber lands, in the State, encroach and cut timber,
on any adjoining timber land, except under bona fide claim of right, the
owner thereof shall, in addition to all other remedies afforded by law,
have the benefit of a right to, and a summary remedy for recovery of,
damages in double the amount of the value of the timber so cut to be
determined and recovered as hereinafter provided.

The owner of the land on which such trespass was committed shall
have the right, within fifteen days after the discovery of such trespass, to
notify the trespasser and to appoint an experienced timber estimator to
determine the amount of damages. Within ten days after receiving notice
of the alleged trespass and of the appointment of such estimator, the
alleged trespasser, if he does not deny the fact of trespass, shall appoint
an experienced timber estimator to participate with the one already so
appointed in the estimation of damages. If the two estimators cannot
agree they shall select a third person, experienced and disinterested, and
the decision thereafter made shall be final and conclusive and not subject
to appeal. The estimation of damages and the rendition of statement must
be effected within fifteen days from the receipt of notice of appointment, by
the trespasser, of an estimator.
Double the amount of the damages thus determined, together with
necessary expenses incurred in making the estimate, including a per diem
of seven dollars a day to the estimators, shall be paid by the trespasser
within thirty days after a statement of the estimate shall have been
rendered.

If such amount be not paid within thirty days after rendition of
statement, the person upon whose land the trespass occurred may proceed
for judgment in any court of the county having jurisdiction in civil
matters.

If, upon receiving notice of the alleged trespass and of the appoint-
ment of an estimator, the person so receiving notice does not admit the
fact of trespass, he may decline to appoint an estimator and notify the
other party to such effect, together with his reason tor refusing to appoint
an estimator, and in such case the aggrieved party may proceed in the
appropriate court of the county and, upon proving the fact of trespass and
the amount of damages, may recover double the amount of damages and
costs from the trespasser. }

If the alleged trespasser fails to appoint an estimator within the
prescribed time, or to notify, within such time, that the allegation of the
fact of trespass is disputed, the estimator appointed by the injured party
may make an estimate, and collection or recovery may be had accordingly.

Nothing herein shall have the effect of precluding any compromise
or agreed settlement that the parties in dispute may effect as to the civil
remedies provided by this act, nor of barring any other remedy provided
for by law.