CHAP. 162.--An ACT to amend an act approved March 17, 1884, requiring railroad companies to construct cattle-guards.
Approved November 29, 1884.
1. Be it enacted by the general assembly of Virginia, That the act approved March seventeenth, eighteen hundred and eighty-four, entitled an act requiring railroad companies to construct cattle-guards, be amended and re-enacted, so as to read as follows:
§ 1. Be it enacted by the general assembly of Virginia, That it shall be the duty of all railroad companies, whether chartered by this state or not, whose lines pass through and are operated in the state, to construct and keep in good order cattle-guards, whenever such railroad shall pass through any enclosed lands at such point or points where fences now exist, or may hereafter become necessary upon such land, as may be agreed upon between such railroad company and such land-owner: provided, in case of disagreement between the said parties, then to be ascertained and fixed by three disinterested land-owners, to be appointed by the county court, upon the application of the land-owner, after ten days' notice to the railroad company, whether they be dividing places between contiguous farms, or fences along the public highways, or division fences belonging to the owner of the farm. Said cattle-guards shall be of sufficient length and width to prevent the passage of stock of all kinds, and shall be constructed on the request, in writing, of any land-owner interested therein, made to such agent of the company as shall have charge or supervision of the road at that point; and in addition to said cattle-guards, such railroad company shall cause to be built, and kept in good order, a lawful fence on each side thereof, extending sixteen feet from the cattle-guard, to which the land-owner shall have the right to join his fence provided, that no land-owner shall in any way be liable, either directly or indirectly, to the railroad company, or any other person, for any damage or injury which may occur or result from the construction of his fence over the company's land which may be necessary to connect his fence with that of the company's. Cattle guards to be kept up
§2. For any failure to comply with any of the provision, of this act, the company so failing for sixty days after such written request, shall forfeit and pay to the party injured five dollars for each day's failure thereafter, to be recovered by warrant before a justice of the peace for the county wherein such failure or refusal shall occur, upon a notice to be served upon an agent of the company, as now provided by law. Penalty for failure
2. This act shall be in force from its passage. Commencem't