CHAP. 47.—An ACT to amend and re-enact section 23, chapter 97,
Code of 1873, 1elating to repeal of fence law in counties that have
adopted it so far as it applies to the county of Essex.

Approved March 31, 1879.

1. Be it enacted by the general assembly of Virginia, That
section twenty-three, chapter ninety-seven, Code of eighteen
hundred and seventy-three, be amended and re-enacted so as
to read as follows :
5

§ 23. It shall be the duty of the board of supervisors of the
county of Essex, which has adopted the act relating to fences,
and for the protection of crops, approved January twenty-sixth,
eighteen hundred and sixty-six, after giving notice by posting
the same at the front door of the court-house, and at each voting
precinct in said county, for thirty days, to proceed to consider
the propriety of repealing the provisions of said act; and if a
majority of said board be present and concurring, an order
may be made requiring the question to be submitted to the
vote of the people, a copy of which order shall be certified to
the county court of said county; and thereupon it shall be
the duty of the several officers conducting elections in said
county, at the times and places for holding the first general
election thereafter, or at any succeeding general election, to
prepare two ballot-boxes for each voting precinct. one labelled
freeholders and the other non-freeholders, in which shall be
deposited the ballots of the then qualified + fers who shall
desire to vote upon the question of repealing the act aforesaid.
The judge of election receiving the ballots shall enquire if the
voter is a freeholder, and if he be a freeholder, deposit his bal-
lot in the box labelled freeholders, and if he is not a freeholder,
shall deposit his ballot in the box labelled non-freeholders.
The said ballots shall be, respectively, as follows: ‘For the
present fence law”; “Against the present fence law’: pro-
vided, that public notice of the same, and place of voting upon
said question, shall be given by posting the time at the front
door of the court-house and each voting precinct in said county
for at least thirty days previous to said election: and provided
further, that where the act aforesaid has been adopted by one
or more districts of said county only, the election shall be
ordered and the vote taken only in such district or districts :
and provided further, that if the provisions of said act have
been adopted in the whole county, the board of supervisors of
said county may order an election in one or more districts of
said county.

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