Chap. 243.—An ACT to Amend and and Re-enact Sections Four and Five
of the Act Entitled an Act Relating to Fences and for the Protection of
Crops Passed January 26, 1806.

In force March 20, 1872.

1. Be it enacted by the general assembly, That sections four
and five of the act, entitled an act relating to fences, and for
the protection of crops passed January twenty-sixth, cighteen
hundred and sixty-six, be amended and re-enacted so as to read
is follows:
¢ 4. In case of trespass as aforesaid, the argrieved party may
make complaint to a justice of the township in which the tres-
pass is committed who shall issue his warrant immediately,
returnable within five days from the date thereof; and at the
time and place named in said warrant the case shall be tried;
and the amount of damage sustained by the complainant shall be
ascertained, and judgment given for the same, with legal costs,
as incase of other warrants. And upon a repetition of the
offence, and for every succeeding one, judgment shall be given
for double the amount of damage sustained by the complain-
ant. But the defendant shall have the same right of removal
and either party the same right of appeal as provided for by
law in other cases of warrants for small claims.

§ 5. The board of supervisors of any county in this com-
monwealth, after posting a notice of the time and place of
meeting, for thirty days, at the court-house door, at each voting
place in the county, and by publishing the same for four weeks
in some newspaper of such county, if any such be printed
therein, a majority of the board being present .and concurring,
may declare the provisions of this act, or any one or more of
them to be in force in their county, or in any township, or any
selected portion thereof, as to any or all of the animals enu-
merated in this act, in which case the first section of chapter
99 of the Code of 1860, shall be inoperative in said county or
township, or any such selected portion thereof, otherwise shall
remain in full force. Nothing in this act shall deprive the
injured party of his action of trespass, when the damages are
laid ina sum exceeding the jurisdiction of a justice of the
peace. But this act shall notapply to the county of Accomack
or Northampton, or to that portion of a county within the
criminal jurisdiction of a city or town.

2. The board of supervisors of the counties of Frederick
and Albemarle, sitting at any general or special meeting thereof,
a majority being present and a majority of those present con-
curring; may, with the consent of the county court, entered of
record, declare the provisions of this act inoperative as to the
Back creek township in said county of Frederick, and Scotts-
ville township in said county of Albemarle.

3. This act shall be in force from and after six months after
its adoption by any county.