Chap. 271.—An ACT to allow the voters of Chesterfield county to vote on a
fence law.

Approved February 9, 1498.

1. Be it enacted by the general assembly of Virginia, That it shall
be the duty of the county court of Chesterfield county, or the judge
thereof in vacation, within the period of four months from the passage
of this act, to submit to the qualified voters of each magisterial district
of said county the question whether the fence law in said district shall
remain as at present, or whether they shall have the no fence law therein.

A writ of election shall issue to the sheriff of said county, and be de-
livered to the said sheriff at least twenty days before the day designated
therein for the said special election, commanding the sheriff to hold
said election, and said sheriff shall proceed to have said special election
held and conducted by the election officers in the manner prescribed for
special elections by law. The said court or judge in vacation shall have
full power to enter all orders and take all proceedings necessary to carry
this act into effect.

2. The electoral board of said county shall, in the manner provided
by law, prepare the official ballots and have printed on the same the
words

Fence law.
No fence law.
And said ballots shall be sealed and distributed to the various precincts
of the county in the manner provided by law. Each voter desiring to
vote for the fence law shall erase on said ballot, in the manner pre-
scribed by law, the words
*¢'No fence law,”’
and each voter desiring to vote for the no fence law shall erase on said
ballot, in the manner prescribed by law, the words
‘* Fence law.’”’
The vote so taken shall be counted, certified, and returned to the office
of the clerk of the county court of said county, and the commissioners
of election shall meet on the second day after said election at the said
clerk’s office and ascertain the result of said election in the manner pre-
scribed by law, and the result so ascertained shall be reduced to writing
and signed by a majority of the commissioners present, and attested by
the clerk and annexed to the abstracts of votes cast at such election:
provided, however, that there shall be separate abstracts of the votes
made out and signed and attested as aforesaid for each magisterial dis-
trict in said county.

All of said abstracts shall be certified by the said clerk to said court
on the first day of the next term of the county court and recorded in
the minutes of said court, and in the order recording the same the said
court shall declare the result and effect of said election according to the
terms of this act.

3. If it shall appear from the results of said election that in any one
or more of said magisterial districts a majority of the votes cast is in
favor of a fence law, then the law in relation to fences in each of said
districts so voting shall remain as at the present time.

If it shall appear from the results of said election that in any one or
more of said mavisterial districts a majority of the votes cast is in favor
of ano fence law, then within the limits of each of such magisterial
districts so voting in favor of a no fence law, the boundary lines “of each
lot or tract of land therein situate shall be, and are hereby, declared to
be a lawful fence; and all animals going at large in said districts shall
be subject to the provisions of section two thousand and fifty of the code
of eighteen hundred and eighty-seven, and other general laws relating
to animals tres passing or going at larce, so far as applicable.

4. Before holding such election the sheriff shall cause notices thereof
to be published at least fifteen days by printed hand-bills posted at each
voting precinct in said county.

9. The provisions of this act shall not apply in any way whatsoever to
those portions of Manchester, Bermuda, and Matoaca magisterial dis-
tricts in said county which constitute the present no fence district and
which is exempted from the operation of the law of enclosures and which
is included within metes and bounds and described as follows: Com-
mencing on James river at the termination of the northern line of the
land formerly owned by H. T. Drewry; thence along said Drewry’s
northern line to the Richmond and Petersburg railroad; thence south
along said railroad to Gilliam’s line at the Conjuror’s Neck road > thence
along said Gilliam’s line to the road known as the Richmond and Peters-
burg. turnpike; thence along said turnpike to the line of the city of
Petersburg near Campbell’s bridge; thence eastward with the northern
line of the city of Petersburg and the northern bank of the Appomattox
river to James river, and thence northward by the south bank of James
river to the point of beginning at the northern line of the land formerly
Henry T. Drewry’s, near Manchester.

At the said election to be held under this act the voters residing in the
no fence district section shall not vote, as they have no interests therein,
but the judges of election, when holding said election, shall only take
the votes of the voters residing outside thereof and make and certify
their returns accordingly and the result of said election shall only affect
and be treated as affecting the portions of the several magisterial dis-
tricts not included in the said no fence district.

The judges of election shall have power to administer oaths to in-
tending voters and further to inquire and ascertain whether or not the
sald voters reside in said existing no fenee district, and any qualified
voter of such district shall have the right to challenge all such votes not
rightfully cast, and the same, if requested, shall be certified to the county
judge on appeal, and if found to have been illegally cast, the said judge,
after ascertaining the way the said votes were cast, shall strike the same
from the abstracts returned, and alter the totals therein returned accord-
ingly.

6. This act shall take effect from its passage.