Chap. 272.—An ACT to amend and re-enact section 2038 of the Code, defining a
lawful fence.

Approved March 25, 1902.

1. Be it enacted by the general assembly of Virginia, That section
two thousand and thirty-eight of the Code of Virginia 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 through the
same: provided, however, that a barbed wire fence forty-two inches high,
consisting of eight strands of barbed wire, firmly fixed to posts substan-
tially set in the ground at intervals of sixteen feet, with a substantial
stay or brace half way between such posts, to which said. wires shall be
also fixed, and said wires being spaced as follows: The first wire to 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, the eighth forty-two inches;
or a board fence four fect high, consisting of five boards not less than
five inches wide and firmly attached to posts placed at intervals of eight
feet, or any fence three feet high within the limits of any incorporated
town whose charter does not prescribe, nor give to the council thereof
power of prescribing, what shall constitute a lawful fence within such
corporate limits, shall be deemed a lawful fence as to such stock: pro-
vided, that nothing contained in this act shall affect the right of any
such town to regulate or forbid the running at large of cattle and other
domestic animals within its corporate limits.

2. Any wire fence of any kind whatsoever, except as above described,
and except in the case of incorporated towns as above provided, shall be
forty-four inches high and of such construction that 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 shall be in force from its passage.