Chap. 162.—An ACT to amend an act approved March 17, 1884, re-
quiring railroad companies to construct cattle-guards.

Approved November 29, 1884.

1. Be it enacted by tho general assembly of Virginia, That
the act approved March seventeenth, eighteen hundred and
eighty-four, entitled an act requiring railroad companies to
construct cattle-guards, be amended and re-enacted, 80 a8 to
read as follows:

§1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of all railroad companies, whether char-
tered by this state or not, whose lines pass through and are
operated in the state, to construct and keep in good order
cattle-guards, whenever such railroad shall pass through any
enclosed lands at such point or points where fences now exist,
or may hereafter become necessary upon such land, as may
be agreed upon between such railroad company and such
land-owner: provided, in case of disagreement between the
said parties, then to be ascertained and fixed by three disin-
terested land-owners, to be appointed by the county court,
upon the application of the land-owner, after ten days’ notice
to the railroad company, whether they be dividing places be-
tween contiguous farms, or fences along the public highways,
or division fences belonging to the owner of the farm. Said
cattle-guards shall be of sufficient length and width to pre-
vent the passage of stock of all kinds, and shall be constructed
on the request, in writing, of any land-owner interested
therein, made to such agent of the company as shall have
charge or supervision of the road at that point; and in addi-
tion to said cattle-guards, such railroad company shall cause
to be built, and kept in good order, a lawful fence on each
side thereof, extending sixteen feet from the cattle-guard, to
which the land-owner shall have the right to join his fence:
provided, that no land-owner shall in any way be liable, either
directly or indirectly, to the railroad company, or any other
person, for any damage or injury which may occur or result
from the construction of his fence over the company’s land,
which may be necessary to connect his fence witb that of the
company’s.

§ 2. For any failure to comply with any of the provisions
of this act, the company so failing for sixty days after such
written request, shall forfeit and pay.to the party injured,
five dollars for each\day’s failure thereafter, to be recovered
by warrant before @ justice of the peace for the county
wherein such failure or refusal shall occur, upon a notice to
be served upon an agent of the company, as now provided by
law.

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