CHAP. 456.—An ACT to amend and re-enact chapter fifty-six of
the acts of assembly of eighteen hundred and eighty one-two,
entitled an act in reference to fences in Princess Anne county.

Approved March 3, 1890

1. Be it enacted by the general assembly of Virginia,
That it shall be the duty of every person cultivating lands
in the county of Princess Anne, whether the owner or ten-
ant of the owner, to erect and keep around all lands culti-
vated by him or her, a fence four feet high from the sur-
face of the land, which, if the fence be on a mound, shall
include the mound, to protect his or her crops against any
horses. cattle, hogs, sheep or goats running at large.

2. That every person cultivating lands in the county of
Princess Anne, who fails to comply with the first section
of this act within six months from its passage, shall be
deemed guilty of a misdemeanor, and punished by a fine,
in the discretion of the jury, of not less than one dollar
for each day of his failure to comply, and imprisonment in
the discretion of the court.

3. If any person injured by stock for want of such fence,
shall hurt, wound, lame, kill, or destroy, or cause to be
hurt, wounded, lamed, killed, or destroyed, by shooting,
hunting with dogs, or otherwise, any horses, cattle, sheep,
hogs or goats, he, she or they so offending, shall pay and
satisfy the owner of the animals injured, damages to the
extent of the injury, with costs, and if the animal be killed,
damages to the value of the animal with costs, recoverable
in any court having jurisdiction of the amount of damages
claimed. And in any action under this section the find-
ing of the animal killed upon the lands of any person
whose lands are not enclosed as provided in the first sec-
tion, shall be prima facie evidence of the liability of such
person under this section. ]

4. The provisions of section two thousand and forty-two of
the code of eighteen hundred and eighty-seven, as amended
by the acts of eighteen hundred and eighfy- seven-eighty-
eight, page three hundred and sixty-eight, as to stock tres-
passing on lands enclosed with a lawful fence, are not in-
tended to be repealed, but are to continue in force in the
county of Princess Anne.

5. That it shall be the duty of the county judge of Prin-
cess Anne county to charge the grand juries in his court
specially to inquire into the violations of this act. And
it shall be the duty of every justice of the peace, sheriff,
constable or other county officer of said county knowing of
the violation of the provisions of this act, to give informa-
tion thereof to the grand jury.

6. All fines imposed under this act shall be paid to the
treasurer of the county of Princess Anne for the use of the
free schools of the said county; and either the prisoner or
the commonwealth shall be entitled to prosecute a writ of
error or supersedeas to the circuit court and thence to the
court of appeals under this act.

7. The provisions of section two thousand and forty-
eight of the code of eighteen hundred and eighty-seven,
as amended by an act approved January sixteenth, eigh-
teen hundred and ninety, in reference to what constitutes
a lawful fence shall not apply to the county of Princess
Anne.

8. This act shall be in force from its passage.