Chap. 494.—An ACT to amend and re-enact section 2042 of the code of Virginia,
in relation to damages tor trespass by animals, forfeiture, &c., as amended and
re-enacted by acts approved March 1, 1888, and March 3, 1896.

Approved February 24, 1898.

1. Be it enacted by the general assembly of Virginia, That section
two thousand and forty-two of the code of Virginia, in relation to dam-
ages for trespass by animals, forfeiture, and so forth, as amended and
re-enacted by acts approved March first, eighteen hundred and eighty-
eight, and March third, eighteen hundred and ninety-six, be amended
and re-enacted so as to read as follows:

§ 2042. Damages for trespass by animals, forfeiture, and so forth.—If
any horses, mules, cattle, hogs, sheep or goats shall enter into any
grounds enclosed by a Jawful fence or by a river or stream, or any part
thereof, which is by law a lawful fence, or into any grounds in counties
or magisterial districts, or selected portion thereof wherein the boundary
lines of lots or tracts of land have been constituted lawful fences, the
owner or manager of any such animal shall be liable for the actual
damages sustained, and he shall also be liable to a fine of not less than
one nor more than twenty dollars, and where punitive damages arc
awarded the same shall not exceed twenty dollars in any case} and in
case of such entry within that part of Henrico county, Virginia, within
three miles of the corporate limits of the city of Richmond, in addition
to the damages aforesaid the owner or manager of every such animal
shall be liable for every such entry toa fine of two dollars for each
animal. For every succeeding trespass the owner or manayer of such
animal shall be liable for double damages, both actual and punitive.
After a judgment of the court a lien upon such animal shall enure for
the benefit of the owner or tenant of such enclosed grounds, and execu-
tion shall thereupon issue from the court rendering the judzment, and
the animal 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 grounds the owner or tenant of such enclosed grounds
shall have the right to take up such animal and impound the same, and
the cost of such taking up and impounding said animal shall be esti-
mated as a part of the actual damages.
2. This act shall be in force from its passage.