CHAP. 5.—An ACT to provide for keeping in repair partition fences
in the county of Fauquier.

Approved March 28, 1879.

1. Be it enacted by the general assembly, That all partition
fences in the county of Fauquier shall be kept in good repair.
When a division fence may, in the opinion of either of the co-
terminous 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 shall be, after first being duly sworn, to view
the premises and determine what repairs are needed, estimate
the costs thereof, and fix the period within which they shall be
made, and announce their decision, in writing, to the parties.
If either of the said parties shall fail, within the time specified,
to make the repairs required to be made by him, then it shall
be lawful for the other party to make such repairs at the cost
of the parties so failing, and to recover before a justice of the
peace, without limit as to jurisdiction, the amount found due
for the cost of such repairs, and the costs of collecting the
same. But any party to such proceeding shall have the right
of appeal to the county court, as in other cases where an appeal
hes from the decision of a justice upon warrants for small
claims. For thelr 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 opinion of the viewers, be to the interest
of both parties.

2. AN acts and parts of acts inconsistent herewith, are hereby
repealed.

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