Chap. 40.—An ACT to amend and re-enact an act entitled an act for
making or repairing division fences between co-terminous land owners
in the counties of Alleghany, Bath, Botetourt, Highland, Rockbridge,
Loudoun and Frederick, approved March 6, 1882.

Approved April 14, 1882.

1. Beit enacted by the general assembly of Virginia, That
section one of chapter two hundred and twenty-seven, Acts
of eighteen hundred and eighty-one and eighty-two, be amen-
ded and re-enacted so as to read as follows:

§ 1. Be it enacted by the general assembly, That in the
counties of Alleghany, Bath, Botetourt, Highland, Rock-
bridge, Loudoun, Frederick and Dinwiddie, when a division
fence between co-terminous land owners, in the opinion of
either, should be made or repaired, and such owners do not
agree as to the same, either one of them, on ten days’ notice
to the other, may apply to a justice of the peace of his dis-
trict, 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, thereupon, either party fail within the time specified to
make the fence 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 re-
covered of the party failing to make or repair.

2. This act shall be in force from its passage.
Chap. 40.—An ACT to amend and re-enact an act entitled an act for
making or repairing division fences between co-terminous land owners
in the counties of Alleghany, Bath, Botetourt, Highland, Rockbridge,
Loudoun and Frederick, approved March 6, 1882.

Approved April 14, 1882.

1. Beit enacted by the general assembly of Virginia, That
section one of chapter two hundred and twenty-seven, Acts
of eighteen hundred and eighty-one and eighty-two, be amen-
ded and re-enacted so as to read as follows:

§ 1. Be it enacted by the general assembly, That in the
counties of Alleghany, Bath, Botetourt, Highland, Rock-
bridge, Loudoun, Frederick and Dinwiddie, when a division
fence between co-terminous land owners, in the opinion of
either, should be made or repaired, and such owners do not
agree as to the same, either one of them, on ten days’ notice
to the other, may apply to a justice of the peace of his dis-
trict, 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, thereupon, either party fail within the time specified to
make the fence 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 re-
covered of the party failing to make or repair.

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