Chap. 113.—An ACT to amend and re-enact section 1 of chapter 227,
Acts of 1881~’82, entitled an act for making and repairing division
fences between coterminous land owners in the counties of Alle-
ghany, Bath, Botetourt, Highland, Rockbridge, Loudoun and Fred-
erick, approved March 6, 1882, as amended and re-enacted by an act
approved April 14, 1882, and as further amended and re-enacted by
an act approved November 27, 1884.

Approved February 8, 1888.

1. Be it 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, entitled
an act for making and repairing division fences between co-
terminous land owners in the counties of Alleghany, Bath,
Botetourt, Highland, Rockbridge, Loudoun and Frederick,
approved March sixth, eighteen hundred and eighty-two, as
amended and re-enacted by an act approved April fourteenth,
eighteen hundred and eighty-two, and as further amended
and re-enacted by an act approved November twenty-seventh,
eighteen hundred and eighty-four, 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 Alleghany, Bath, Bedford, Campbell,
Shenandoah, Botetourt, Highland, Rockbridge, Loudoun,
Frederick, Dinwiddie, Nelson, Clark, Pittsylvania, Carroll,
Craig, Rockingham, Augusta and Scott, when a division fence
between coterminus 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, in ten days’ notice to the
other, may apply to a justice of the peace of his district, 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 de-
termine first whether to make or repair, as applied for, be to the
interest of both parties; and secondly, if yea, they shall esti-
mate 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 the cost of doing the same, anda
copy of their decision, in writing, shall be delivered to each
party and a copy thereupon returned to their county court.

f, therefore, either party fail 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, after ten days’ notice thereof, before the county court
to which said return may be made, may recover the amount
so estimated, and the cost of enforcing the same, and have
judgment and execution as in matters of debt and 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.