Chap. 276.—An ACT to amend and re-enact section 1 of chapter 360

_ of Acts of 1876-7, approved April 4, 1877, for keeping in repair par-
tition fences in the counties of Rockbridge, Pulaski, Rockingham,
Lancaster, Augusta, King and Queen, Westmoreland and Clarke.

Approved March 9, 1880.

1. Be it enacted by the general assembly, That section first
of chapter three hundred and sixty of Acts of eighteen hundred
and seventy-six and seventy-seven, approved April fourth, eigh-
teen hundred and seventy-seven, be amended and re-enacted so
as to read as follows:

§1. Be it enacted by the general assembly, That all parti-
tion fences in the counties of Rockbridge, Pulaski, Rockingham
and Lancaster, Augusta, King and Queen, Westmoreland and
Clarke shall be kept in good repair. When a division fence
separating enclosed cleared lands may, in the opinion of either
of the coterminus owners or tenants, need repair, and such
owners.or tenants do not agree as to said repairs, then either
one of them, upon a notice of ten days to the other, may apply
to a justice of the peace of his district, who shall appoint three
disinterested freeholders, to be known as fence viewers, two of
whom may act, whose duty it shall be, after first being duly
sworn, to view the premises and determine what repairs are
needed, estimate the cost thereof, and fix the period within
which they shall be made, and announce their decision in wri-
ting to the parties. If either of the parties shall fail within the
specified time to make the required repairs, then it shall be law-
ful for the other party to make such repairs at the cost of the
party so failing, and to recover, before a justice of the peace
without limit as to jurisdiction, the amount estimated for cost
of said repairs, and the costs of collecting the same. For their
services under this act the fence viewers shall be allowed one
dollar each for every day so employed, to be recovered one-half
from each party: provided, that such repairs shall, in the opin-
ion of the viewers, be to the interest of both parties.

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