Chap. 139.—An ACT to define a lawful fence for the county of Scott.

Approved March 10, 1902.

1. Be it enacted by the general assembly of Virginia, That section
two thousand and thirty-eight of the Code, as amended and re-enacted
by an act approved March first, eighteen hundred and ninety-eight, be
amended and re-enacted, and so forth, to read as follows:

§ 2038. Definition of a lawful fence.—Every fence four and one-half
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
through the same: provided, however, that every fence shall consist of
not less than four boards, rails, or wires. The top wire, rail, or board
shall be four and one-half feet from the ground; the second shall be six-
tcen inches from the top one, the third fourteen inches below the second,
the fourth twelve inches below the third: provided, that if the fence be
made of rails or boards, the middle of each rail or board shall be where
the wire would be in case the fence were built of wire. If the fence is
made of wire, each wire shall be firmly fixed to posts firmly set in the
ground not more than sixteen feet apart, and a brace between the posts,
to which the wire shall be attached. In case the fence is made of boards,
each board shall be firmly nailed to posts firmly set in the ground not
exceeding twelve feet apart. All acts and parts of acts inconsistent with
this act are hereby repealed.

2. This act shall apply to Scott county only, and be in force from its
passage.