Chap. 75.—An ACT to amend and re-enact Section 3538 of the Code of Virginia,
relating to lawful fences. [H B 215]

Approved February 28, 1946

Be it enacted by the General Assembly of Virginia:

1. That section thirty-five hundred thirty-eight of the Code of
Virginia be amended and re-enacted, as follows:

Section 3538. Definition of a lawful fence-——Every fence five feet
high, which, if the fence be on a mound, shall include the mound to the
bottom of the ditch, shall be deemed a lawful fence as to any stock named
in section thirty-five hundred forty-one, which could not creep through
the same; and a barbed wire fence forty-two inches high, consisting of
eight strands of barbed wire, firmly fixed to posts substantially set in
the ground at intervals of sixteen feet, with a substantial stay or brace
half way between such posts, to which said wires shall be also fixed, and
said wires being spaced as follows: The first wire to be placed two and
one-half inches above the ground, the second five and one-half inches,
the third nine inches, the fourth thirteen and one-half inches, the fifth
nineteen inches, the sixth twenty-six and one-half inches, the seventh
thirty-four and one-half inches, the eighth forty-two inches; or a board
fence four feet high, consisting of five boards not less than five inches
wide and firmly attached to posts placed at tmtervals of eight feet; or a
cattle guard reasonably sufficient to turn all kinds of livestock, shall
be deemed a lawful fence as to any livestock mentioned in section thirty-
five hundred forty-one; or any fence three feet high within the limits of
any incorporated town whose charter does not prescribe, nor give to the
council thereof power of prescribing, what shall constitute a lawful fence
within such corporate limits. Nothing contained in this section shall
affect the right of any such town to regulate or forbid the running at
large of cattle and other domestic animals within its corporate limits.

Any wire fence of any kind whatsoever, except as above described,
and except in the case of incorporated towns as above provided, shall be
forty-four inches high and of such construction that stock named in
section thirty-five hundred forty-one of this Code cannot creep through
the same.