Chap. 227.—An ACT for making or repairing division fences between
coterminous land owners in the counties of Alleghany, Bath, Bote-
tourt, Highland, Rockbridge, Loudoun, and Frederick.

Approved March 6, 1882.

1. Be it enacted by the general assembly, That in the
counties of Alleghany, Bath, Botetourt, Highland, Rock-
bridge, Loudoun, and Dinwiddie, when a division fence be-
tween coterminous land-owners, in the opinion of either,
should be made or repaired, and such owners do not agree as
to the same, cither one of them, on ten days’ notice to the
other, may apply to a justice of the peace of his district,
who shall appoint three disinterested freeholders of his
county as arbitrators, two of whom may act, who being first
duly sworn, shall view the premises, hear the parties, and
consider and determine, first, whether to make or repair, as
applied for, be to the interest of both parties; and secondly,
if yea, they shall estimate the cost thereof to each, fix defi-
nitely the part to be done by each, the manner in which to
be done, and the period within which the same shall be
done; and copies of their decision, in writing, delivered to
each of the parties, and make return thereof to their county
court. If, thcreupon, either party fail within the time speci-
fied to make the fenco or repairs thus determined, then the
other party may make the fence or do the repairs at the cost
of the party so failing, and on motion, within ten days’ notice
thereof, before the county court to which said return may be
made, may recover the amounts so estimated, and the costs
of enforcing the same, and have judgment and execution as
in matter of debt or account. The arbitrators shall have,
each, one dollar for every day so employed, one-half to be
recovered of the party failing to make or repair.

2. This act shall be in force from its passage.
county or corporation in which it is proposed to conduct the
business; and if the court be fully satisfied, upon hearing the
testimony for and against the application, should any be
offered, that the applicant is a fit person, and that the place
of business is suitable and convenient, it may, upon the exe-
cution by the applicant of a bond, with good security, pay-
able to the commonwealth of Virginia, in a penalty of not
less than one hundred nor more than five hundred dollars,
conditioned for the faithful performance of all the require-
ments of this act, grant such license; and, thereupon, the
commissioner of the revenue shall issue the same in such
form as may be prescribed by the auditor of public accounts.
If the county or corporation court shall refuse to grant the
application, the tax shall be refunded, and the party ag-
grieved may, during the term at which such refusal is entered,
appeal to the circuit court of said county or corporation, in
term time or vacation. And the judge thereof shall take
cognizance of said appeal, and may grant the license upon
the terms required by this act. All bonds taken under the
provisions of this act shall contain a waiver of homestead.
2. This act shall be in force from its passage.

Chap. 227.—An ACT for making or repairing division fences between
coterminous land owners in the counties of Alleghany, Bath, Bote-
tourt, Highland, Rockbridge, Loudoun, and Frederick.

Approved March 6, 1882.

1. Be it enacted by the general assembly, That in the
counties of Alleghany, Bath, Botetourt, Highland, Rock-
bridge, Loudoun, and Dinwiddie, when a division fence be-
tween coterminous land-owners, in the opinion of either,
should be made or repaired, and such owners do not agree as
to the same, cither one of them, on ten days’ notice to the
other, may apply to a justice of the peace of his district,
who shall appoint three disinterested freeholders of his
county as arbitrators, two of whom may act, who being first
duly sworn, shall view the premises, hear the parties, and
consider and determine, first, whether to make or repair, as
applied for, be to the interest of both parties; and secondly,
if yea, they shall estimate the cost thereof to each, fix defi-
nitely the part to be done by each, the manner in which to
be done, and the period within which the same shall be
done; and copies of their decision, in writing, delivered to
each of the parties, and make return thereof to their county
court. If, thcreupon, either party fail within the time speci-
fied to make the fenco or repairs thus determined, then the
other party may make the fence or do the repairs at the cost
of the party so failing, and on motion, within ten days’ notice
thereof, before the county court to which said return may be
made, may recover the amounts so estimated, and the costs
of enforcing the same, and have judgment and execution as
in matter of debt or account. The arbitrators shall have,
each, one dollar for every day so employed, one-half to be
recovered of the party failing to make or repair.

2. This act shall be in force from its passage.
county or corporation in which it is proposed to conduct the
business; and if the court be fully satisfied, upon hearing the
testimony for and against the application, should any be
offered, that the applicant is a fit person, and that the place
of business is suitable and convenient, it may, upon the exe-
cution by the applicant of a bond, with good security, pay-
able to the commonwealth of Virginia, in a penalty of not
less than one hundred nor more than five hundred dollars,
conditioned for the faithful performance of all the require-
ments of this act, grant such license; and, thereupon, the
commissioner of the revenue shall issue the same in such
form as may be prescribed by the auditor of public accounts.
If the county or corporation court shall refuse to grant the
application, the tax shall be refunded, and the party ag-
grieved may, during the term at which such refusal is entered,
appeal to the circuit court of said county or corporation, in
term time or vacation. And the judge thereof shall take
cognizance of said appeal, and may grant the license upon
the terms required by this act. All bonds taken under the
provisions of this act shall contain a waiver of homestead.
2. This act shall be in force from its passage.