Chap. 248.—An ACT to amend and re-enact an act entitled an act to
prescribe a fence law for Newport News election precinct in the
county of Warwick, approved May 2, 1887, and to add an additional
section thereto.

Approved February 24, 1888.

1. Be it enacted by the general assembly of Virginia, That
within the limits of all that portion of Newport magisterial
district in the county of Warwick, known as Newport News
election precinct, as the same is now laid off and defined, the
boundary lines of each and every lot, parcel and tract of
land shall be deemed and are hereby declared and consti-
tuted lawful fences.

2. It shall not be lawful for the owner, hirer, or manager
of any horse, mule, swine, sheep, goat, or neat cattle of any
description to suffer or permit either or any of the said ani-
mals to be, to run, or to roam at large beyond the limits of
hfs own land, within the limits of the said election precinct.

3. If any or either of the animals enumerated in the fore-
going section, whether owned, hired, or managed by any
person or persons residing either within or without the lim-
its of said election precinct, shall hereafter be found at large
on the public highways or parks, or upon the land of any
person other than e the owner, hirer, or manager of such

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animal or animals within said precinct, the owner, hirer, or
manager of any such animal or animals shall be liable for
every such trespass or offence to a fine of not less than two
dollars and fifty cents nor more than ten dollars, to be recov-
erable on warrant before a justice of the peace, having
jurisdiction within said precinct; and in addition, shall also

© liable to the owner or tenant of such land whereon the
said trespass is committed, for any damages caused by such
trespass, said damages to be recovered by warrant or action
as now provided by law in such cases. One-half of the fine
imposed by virtue of this section shall go and belong to the
informer or complainant of said trespass.

4. In case of any trespass as aforesaid, it shall be the duty
of every constable, or other police officer having jurisdiction
within said precinct, who shall see or be informed of such
trespass, forthwith to make complaint thereof against the
owner, hirer, cr manager of such trespassing animal, to a
justice of the peace having jurisdiction thereof; and it shall

, be the duty of such justice of the peace forthwith to issue his
warrant and proceed thereon, as provided in the third sec-
tion of this act.

5. In addition to the remedies hereinbefore provided, if
any such constable or other police officer shall see, or upon
information furnished him as provided in the preceding sec-
tion, find such animal actually trespassing as aforesaid, he
shall forthwith seize the same and hold it, until the fine,
costs, damages, and expenses for keeping the same, which
may be adjudged by the judgment of the justice trying the
warrants for such trespass, and also all expenses occurring
after such judgment is entered, are fully paid. If such ani-
mal be not redeemed by the payment of such fine, costs,
damages, and expenses, within five days from the date of any
final judgment therefor, the officer holding said animal, shall,
after having first given ten days’ notice by printed advertise-
ments posted at three or more public places in said precinct,
of the time and place of sale, sell such animal, unless
redeemed before the day of sale, for cash, at public auction,
to the highest bidder, and apply so much of the proceeds of
such sale as may be necessary to the payment of said fine,
costs, damages, and expenses;. also expenses of advertisement
and sale, including a commission of five per centum on the
gross proceeds of sale to the officer crying such sale; and the
balance, if any, of said proceeds, shall be paid to the owner
of such animal.

6. No appeal shall be allowed from the judgment of any
justice for any such trespass, until the person or persons
against whom the judgment shall have been rendered, shall
have executed bond in penalty equal to the amount of the
fines, costs, damages, and expenses covered by such judg-
ments attending the keeping of such animal, with good and
sufficient security, to be approved by the justice rendering
such judgment, payable to the commonwealth of Virginia,
and conditioned to pay said costs, fines, damages, and

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expenses, should the judgment therefor be affirmed onsuch
appeal, and upon the execution of such bond, any such ani-
mal held in custody by any officer shall be delivered to the
owner, hirer, or manager thereof. f

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