Chap. 524.—An ACT to lessen the danger of traveling on railroads and
to requira them to erect suitable depots and to fence in railroad beds.

Approved March 18, 1884.

1. Beit enacted by the general assembly of Virginia, That
in order to prevent the frequent occurrence of accidents on
railroads, and the consequent destruction of life and property,
and in order to lessen the danger to the traveling public and
the officers and hands engaged in running the trains over the
said railroads, it shall be the duty of all railroad companies
chartered by the state of Virginia, and now doing business in
the state, and such as may foreaftor be constructed under
charters already granted, or which may be hereafter granted,
to establish at depots on their respective lines, not more than
ten miles apart, telegraph offices, to be operated by compe-
tent persons in the employ of such railroad company, whose
duty it shall be to telegraph the arrival and departure of
each and every train so soon as the same shall leave the de-
pot to the office of the master of trains or other person in
charge of the running of the same; or if there be no such
person, then to the telegraph station nearest thereto in the
direction in which such train is going, and the person in
charge of the running of the trains shall forthwith issue such
orders or give such notification by telegraph as may be neces-
sary to prevent any collision: provided however, that the
board of public works may grant to any such company per-
mission to have such telegraph stations in any special case
ata distance from each other greater than ten but not more
than fifteen miles, and auch stations may then be erected in
accordance with such permission.

2. It shail be the further duty of all such railroad compa-
nies to erect, or cause to erected along the lines of their
respective roads, and on both sides of their road-beds, through
inclosed farms and lots, a good and substantial lawful fence,
as defined by the act of assembly now in force, which may
he made of timber or wire, or of both, and keep the same in
good repair, and for their failure so to do, they shall be liable
as hereinafter set forth.

3. The said railroad companies, in building the fences
herein provided for, shall not obstruct any public or private
crossing, but shall on each side of such crossings, and at all
other places necessary to keep stock from trespassing or en-
tering the road enclosures, erect good and sufficient cattle
stops, and keep the same in order, to which the fence shalk
be joined: provided that in case of private crossings, the said
cattle stops may be dispensed with by the consent of those
interested therein, the said railroad company in lieu thereof,
to build and keep in order good and substantial gates for the
accommodation of the persons entitled to such private cross-
ings.

4. It shall be lawful for the said railroad companies, after
building the fences herein provided for, to remove and dis-
continue all cattle stops along their respective roads, except
those provided for in this act, and in lieu thereof, the owners
of contiguous lands shall have the right to connect and join
their fences to those of the railroad company at such points
as they may think proper.

5. Until the said railroad companies shall have built the
fences according to the requirements of this act, they shall
be liable and compelled to pay the value of all stock killed,
and damaves for all stock injured, to the owners thereof, to be
recovered according to the provisions of law now in force, or
which may hereafter be passed, and in order to such recovery,
it shall not be necessary for the claimant to prove negligence
on the part of the company or its officers and employees.

6. The provisions of this act in relation to fences, shall not
apply to that part of the road-bed of any railroad company
embraced within the corporate limits of any incorporated
city or town, nor of a town or village unincorporated, for the
distance of one-quarter of a mile cach way from the com-
pany’s depot situated in such town or village; nor along such
parts of any railroad where the cuts are deep and the banks
sufficiently steep to prevent the passage of stock; nor where
the company has paid to the owner ot the land, damages for
making and keeping in repair such fences; nor to such road
or parts thereof as pass through counties where a no-fence
law exists, except in such instances as the road may pass
through enclosed lands: provided that the burden of proving
such payment shall be upon the company, and no report of
any commissioners appointed to assess damages shall be
taken and beld as proof thereof, unless it shall plainly appear
upon the face of such report, or from other suthcient evi-
dence, that an estimate was made for fencing, and that the
cost of the same entered into and constituted a part of the
sum reported and paid. But such report may go to the
jury to be considered by them with such parole evidence as
may be introduced. And any railroad company or person
interested in the question, may perpetuate the evidence that
such estimate has been made by taking the depositions de
bene esse of the ccmmissioners making the same, or any of
them in like manner as other depositions de bene esse are
authorized by law to be taken.

7. If any person shall walk or remainon the track within
one hundred yards of an approaching train, otherwise than
in crossing said road at a public crossing, he shall be guilty
of a misdemeanor; and if any person shall purposely ride.
lead or drive any horse, or other animal, upon any railroad
track, or shall intentionally arrange for any such animal to
go upon any railroad track, except in crossing from one side
to the other, without the consent of the railroad company,
he shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be fined -not less than twenty nor more
than fifty dollars.

8. If any person shall tear down, break, injure or destroy
any fence so erected by such railroad company, he shall be
guilty of a misdemeanor, and shall be fined not Icss than fifty
nor more than two hundred dollars, and be confined in jail
not less than six nor more twelve months, and in addition
thereto shall be liable to such company for all damages re-
sulting therefrom. And no railroad company shall be liable
to suit for damages or injury to any person, animal or other
property on such portions of its track or roudway as shall be
at the time enclosed according to the provisions of this act,
unless such person, animal or property shall be thereon by or
with the expressed consent and permission of the company.

9. If any person shall obstruct any railroad not fenced
according to the provisions of this act, by placing or wilfully
contriving to have go thereon, any animal or animals, by the
killing or injury of which he might become entitled to re-
cover under this act, he shall be deemed guilty of a felony,
and on conviction thereof be confined in the penitentiary not
less than one year nor more than ten years: provided that
nothing contained in this section shall be so construed as to
limit or interfere with any right which any person might
otherwise have, to pasture lands through which a railroad
may pass, or to turn or keep thereon any animal or animals
aforesaid. No railroad company shall run any locomotive, or
allow the same to be run upon its track, without having an
approved spark arrester over the mouth of the smoke stack
of such locomotive. Forany failure to comply with this re-
quirement, the company failing to comply therewith shall
pay a fine of ten dollars for cach offence, and shall be liable
to the party injured, for all damages occasioned by fire com-
municated from such locomotives: provided that such damage
was not occasioned, in whole or in part, by the contributive
negligence of the party injured or his agents.

10. This act shall be in force twelve months after its
passage.