Chap. 250.—An ACT to amend and re-enact section 1259 of the code of Virginia,
in relation to what portion of their roadbed need nut be fenced by the railway
companies.

Approved February 8, 1898.

1. Be it enacted by the general assembly of Virginia, That sectior
1e thousand two hundred and fifty-nine of the code of Virginia, in re-
tion to what portions of their roadbed need not be fenced by the rail-
ay companies, be amended and re-enacted so as to read as follows:

§ 1259. Qualification of section one thousand two hundred and fifty-
ght.—The preceding section so far as it relates to fencing shall not
ply to any part of a railroad located within the corporate limits of a
ty or town, or between the terminals of the switches, either way, from the
ym pany’s depots, nor to any part of a railroad at a place where there
- a cut or embankment with sides sufficiently steep to prevent the
assage of stock at such place; nor shall it apply to a company which
as compensated the owner for making and keeping in repair the neces.
ary fencing, but the burden of proving such compensation shall be or
1e company, and no report of any commissioners shall be received a:
roof thereof, unless it shall plainly appear on the face of the report, o1
-onm other evidence in connection thereof, that an estimate was made

such commissioner for the fencing, and the expense for the same
ntered into, and constituted a part of the damages reported and actu.
lly paid.

2. This act shall beGroforgedrom its passage.