Chap. 339.—An ACT to amend and re-enact an act entitled an act for
making and repairing division fences between co-terminous land-
owners in the counties of Northumberland, Page, Wythe, and Taze-
well, approved March 6, 1882.

Approved March 7, 1884.

1. Bo it enacted by the general assembly of Virginia, That
section one of chapter two hundred and twenty-seven, Acts of
eightcen hundred and eighty-one and eighty-two, be amended
and re-enacted so as to read as follows:
§1. Be it enacted by the general assembly of Virginia,
That in the counties of Northumberland, Page, Wythe, and
Tazewell, 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 district, who shall appoint three disinter-
ested 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 detor mine, 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 definitely the part to be done by each,
the manner in which to be done, and the period in 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. [f thereupon eitber party fail within
the time specified to make the fence or repairs thus deter-
mined, 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
jndyment 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.