CHAP. 172.—An ACT to amend and re-enact section 2048 of the Code of
Virginia, 1887, as amended by an act of the general assembly, approved
December 31, 1903, entitled “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 anv county, other
than such as now have no fence law, may be changed by the board of
supervisors of such county.”

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
section twenty hundred and forty-eight of the Code of eighteen
hundred and eightv-seven. as amended bv an act annroved TDe-
cember thirty-first, nineteen hundred and three, entitled ‘‘an
act to amend and re-enact section twenty hundred and forty-
eight of the Code of eighteen hundred and eighty-seven, as
amended by an act of the general assembly, approved Febru-
ary twenty-sixth, eighteen hundred and ninety-six, as amended
by an act approved March seventh, nineteen hundred, so as to
provide how the present existing fence law in any county, mag-
isterial district, or selected portion of any county, other than
such as now have no fence law, may be changed by the board
of supervisors of such county,” be amended and re-enacted so as
to read as follows:

$2048. The board of supervisors of any county in this State,
after posting 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, except with relation to division lines between
adjoining landowners, declare the boundary lines of each lot or
tract of land, or any stream in such county, or in any magis-
terial district thereof or any selected portion of such county to
be a lawful fence as to any or all the animals mentioned in sec-
tion twenty hundred and forty-two of the Code of eighteen hun-
dred 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 twenty-thirty-eight of the
Code of eighteen hundred and eighty-seven, as amended by the
act of the general assembly 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 any such county shall,
upon petition of a majority of the qualified voters of any election
district, declare the boundary lines of each lot or tract of land
in such election district to be a lawful fence as to such of the
animals named in section twenty hundred 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 twenty hun-
dred and thirty-eight of the Code, as amended by 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 supervisors a petition, setting forth the
kind of fence desired, the said board of supervisors shall there-
upon declare the kind of fence described in such petition to be a
lawful fenee for such election district, as to such of the animals
mentioned in section twenty hundred 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 petition 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 twenty hundred and thirty-
eight shall be inoperative from and after the said six months.
And at any time after the expiration of two years from the date
of the entry of the order of the board of supervisors, heretofore
or hereafter made, establishing such boundary lines; such board
of supervisors shal] thereafter, upon like petition so to do, and
upon like procedure, annul, set aside or amend such order so
entered, according to the prayer of the petition, to take effect
six months after the date of the entry of the order.

Provided, however, that this act shall not be construed as ap-
plying, and shall net apply, to relieve adjoining landowners
from making and maintaining their division fences, as defined
by section twenty hundred and thirty-eight of the Code of Vir-
ginia, but as to such division fences sections twenty hundred and
fifty-three, twenty hundred and fifty-four, twenty hundred and
fifty-five, twenty hundred and fifty-six, twenty hundred and fifty-
seven, twenty hundred and fifty-eight, twenty hundred and fiity-
nine, and acts amendatory thereof shall remain in full force; and
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-nineteen hundred, approved
February fifteenth, nineteen hundred, or imposed by any other
statute now in force, in reference to fencing their lines of rail-
way 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,
magisterial district, or selected portion of the county, than as
prescribed by section twenty hundred and thirty-eight, as amen-
ded 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 pro-
vided, 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, if such no-fence law
exists otherwise than under order of board of supervisors, en-
tered pursuant to section twenty hundred and forty-eight of the
Code of Virginia, eighteen hundred and eighty-seven, as amend-
ed by act of the general assembly, nineteen hundred and two,
nineteen hundred and three, nineteen hundred and four. Pro-
vided, the provisions of this act shall not apply to or affect the
county of Southampton.