Chap. 540.—An ACT to amend and re-enact section 2048 of the Code of 1887, as
amended by act of the general assembly approved February 26, 1896, as amended
by an act approved March 7, 1900, so as to provide how the present existing
fence law in any county, magisterial district, or selected portion of any county,
other than such as now have the no-fence law, may be changed by the board of
supervisors of such county.

Approved December 31, 1903.

1. Be it enacted by the general assembly of Virginia, That section
twenty hundred and forty-eight of the Code of eighteen hundred and
eighty-seven, as amended by act of the general assembly, approved Feb-
ruary twenty-six, eighteen hundred and ninety-six, as amended by an act
approved -March seven, nineteen hundred, be amended and re-enacted so
as to read as follows: ,

§ 2048. The board of supervisors of any county in this State in which,
or in any magisterial district, or sclected portion of which, any kind of
fence is now required by law, after posting a notice of the time and place
of meeting for thirty days, at the front door of the courthouse and at
each voting place in the county, and by publishing the same once a week
for four successive weeks in some newspaper of such county, if any be
published therein, a majority of the board being present and concurring,
may declare the boundary lines of cach lot, or tract of land, or any
stream in such county, or in any magisterial district thereof, or in any
selected portion of such county, to be a lawful fence as to any or all of
the animals mentioned in section two thousand and forty-two of the
Code of eighteen hundred and eighty-seven, or may declare any other
kind of fence for such county, magisterial district, or selected portion
of the county, than as prescribed by section two thousand and thirty-
eight of the Code of cighteen hundred and ecighty-seven, as amended by
act of the general assembly approved March twenty-fifth, nineteen hun-
dred and two, to be a lawful fence as to any or all of the said animals;
and: the board of supervisors of anv such county shall, upon petition of a
majority of the qualified voters of any election district, declare the boun-
dary lines of each lot or tract. of land in such election district to be a law-
ful fence as to such of the animals named! in section two thousand and
forty-two of the Code as may be named in the petition: or, if a majority
of the qualified voters of any election district thereof shall desire any
other kind of fence than as prescribed by section two thousand and
thirty-eight of the Codec, as amended by the said act of March twenty-
fifth, nineteen hundred and two, to be established as a lawful fence for
such election district, and shall sign and present to the board of super-
visors a petition setting forth the kind: of fence desired, the said board
of supervisors shall thereupon declare the kind of fence described in such
petition to be a lawful fence for such election district as to such of the
animals mentioned in section two thousand and forty-two of the Code of
eighteen hundred and eighty-seven as shall be named in the petition;
and the boundaries of each lot or tract of land, or stream, the kind of
fence prescribed by the board, or the kind of fence described in said peti-
tion, as the case may be, shall constitute a lawful fence as to the said
animals, or such of them as may be named, after six months from the
time of such action by the board, and to such extent section two thou-
sand and thirty-eight shall be inoperative from and after the said six
months.

2. Provided, that nothing contained in this act shall relieve any rail-
road company of any duty or obligation imposed on every such company
by section twelve hundred and fifty-eight of the Code of Virginia, as
amended by.chapter three hundred and seventy-three of the acts of the
general assembly of Virginia, session eighteen hundred and ninety-nine
and nineteen hundred, approved February fifteenth, nineteen hundred,
or imposed by any other statute now in force in reference to fencing their
lines of railway and right of way: provided, further, that nothing
herein contained shall authorize or require the board of supervisors to
declare a more stringent fence as a lawful fence for any county, magis-
terial district, or selected portion of the county, than as prescribed by
said section twenty hundred and thirty-eight, as amended by the said act
of March twenty-fifth, nineteen hundred and two: provided, further,
that this act shall not repeal the present existing fence law in any county,
magisterial district, or selected portion of any county, until changed by
the board of supervisors in accordance with the provisions hereof: and
provided, further, that the provisions of this act shall not apply to any
county, magisterial district, or selected portion of any county, in which
the no-fence law is now in force.

3. This act shall be in force from its passage.