Chap. 611.—An ACT to amend and re-enact section 2038 of the cude, detining a
lawful fence for the county of Accumac.

Approved March 1, 1898.

1. Be it enacted by the general assembly of Virginia, That section
two thousand and thirty-eight of the code be amended and re-enacted
so as to read as follows:

§ 2038. Definition of a lawful fence.—Every fence five feet high,
which, if the fence be on a mound, shall include the mound to the
bottom of the ditch, shall be deemed a lawful fence as to any stock
named in section two thousand and forty-two which could not creep
the same: provided, however, that a barbed-wire fence forty-two inches
high, consisting of eight strands of barbed wire, firmly fixed to posts
well and substantially set in the ground at intervals of sixteen feet,
with a substantial stay or brace halfway between such posts, to which
said wires shall be also fixed, and said wires shall be spaced as follows:
the first wire shall be placed two and one-half inches above the ground,
the second five and one-half inches, the third nine inches, the fourth
thirteen and one-half inches, the fifth nineteen inches, the sixth twenty.
six and one-half inches, the seventh thirty-four and one-half inches and
the eighth forty-two inches; or a board fence four feet high, consisting
of five beards not less than five inches wide and firmly attached to post:
placed at intervals of eight feet shall be deemed a lawful fence as t
such stock.

2. And any wire fence of any kind whatsoever, except as above de.
scribed, shall be forty-four inches high and of such construction tha
stock named in section two thousand and forty-two code of Virginia
eighteen hundred and eighty-seven, cannot creep through the same.

3. This act shal] be in force from its passage.