Chap. 373.—An ACT to amend and re-enact an act entitled an act to amen
and re-enact section 1258, code of Virginia of 1887, in relation to railrog
companies enclosing their road-beds with fences and erecting cattle-guard
approved February 9, 1898.

Approved February 15, 1900.

1. Be it enacted by the general assembly of Virginia, That sectic
one thousand two hundred and fifty-eight of the code of Virgini
eighteen hundred and eighty-seven, be amended and re-enacted so as
to read as follows:

$ 1258. To enclose road-beds with fences; cattle-guards——Every such
company shall cause to be erected along its line and on both sides of
its road-bed lawful fences, as defined in section two thousand and thirty-
eight, which may be made of timber or wire or of both, and shall keep
the same in proper repair, and with which the owners of adjoining lands
may connect their fences at such places as they may deem proper. In
erecting these fences, the company shall, at the termini of those por-
tions of its road-bed which it is required to fence, and on each side of
all public and private crossings, construct across its road-bed and keep
in good repair sufficient cattle-guards, with which its fences shall be
connected. Such cattle-guards at private crossings may, with the con-
sent of the owners of said crossings, be dispensed with, the company,
in lieu of cattle-guards, erecting and keeping in good order sufficient
gates. But no court of this commonwealth shall have jurisdiction by
writ of mandamus or otherwise to compel the erection of such fences or
building of such cattle-guards: provided, that through lands or lots,
actually enclosed with a fence where the railroad company has already
or may hereafter fence its right of way, mandamus may lie to require
such company to maintain its fencing: and provided, however, that
such company may at any private crossing or private wagon-way erect
gates or bars in addition to the cattle-guards required by this act if in
the judgment of said company the hazard to trains at such crossing
requires gates or bars as an additional safeguard to life and property on
the trains.

2. ‘This act shall be in force from its passage.