Chap. 34.—An ACT to Prevent Pulling and Leaving Fences down,
and of opening and Leaving open Gates without Permission of
Owner.

Approved February 11, 1874.

1. Be it enacted by the general assembly, That if any per- Pulling dow
son shall pull down the fence of another, and leave the same jng spen gai
down without permission of the owner, or shall open and declared en
leave open the gate of another without permission, he shall
be deemed guilty of a misdemeanor, and shall be liable for
every such offence to a fine of not less than one nor more
than five dollars, to be recoverable by warrant before a jus- Ptnalty, ho
tice of tha peace at the instance of the person against whom *~°verable
the offence was committed: provided, that the gates so left Gates acros:
open, are not across any public highway. Pac high.

2. Any person convicted under the provisions of this act, pint of ap
shall have the right to appeal to the county or corporation peal allowec
court, and immediately thereafter the justice shall return the cnn

apers, including a statement of the costs, to the clerk of pers by jus

is county or corporation, who shall docket the same, and 4Ppeal to &
the appeal shall be tried in the same way as appeals from tried
judgments of justices are tried.

3. Where a fine is imposed by a justice under this act, he Fines impos
shall, within ten days’ thereafter, return to the clerk of his by Justice t
county or corporation court the original papers, together county or o
with the judgment and a statenient of the commonwealth’s Fines: how
costs, and all subsequent steps taken in the case shall be such coverable
as are provided for fines imposed by justices in chapter forty-
one of the Code of Virginia, eighteen hundred and seventy-

three.