CHAP. 328.—An ACT to provide for making or repairing division
fences between co-terminous land owners in the county of Russell.

Approved March 1, 1886.

1. Be it enacted by the general assembly of Virginia, That
in the county of Russell, 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 toa
justice of the peace of his district, who shall appoint three dis-
interested 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 par-
ties; and secondly, if it appears that the fence should be made
or repaired they shall then estimate the cost thereof to each
party, and fix definitely the work to be done by each party, the
manner in which to be done, and the period in which the same
shall be done, and copies of their decision, in writing, shall be
delivered to each of the parties by the arbiters, and they shall
make return thereof to the county court of said county. If, there-
upon, either party should fail to make the fence or repairs thus
determined within the time specified, then the other party may
make the fence or repairs at the cost of the party so failing; and
on motion of the party making or repairing the fence, after ten
days’ notice thereof to the party so failing, before the county
court to which the return was made, may recover the amount
so estimated, and may have judgment and execution as in mat-
ters of debt or account. The arbitrators shall have, each, one
dollar for every day employed.
2. This act shall be in force from its passage.