CHAP. 105.--An ACT to submit to the qualified voters of Northampton county, the question of abolishing the present fence law in said county.

1. Be it enacted by the general assembly of Virginia, That it shall be the duty of the judge of the county court of held Northampton county, upon the petition in writing of twentyfive freeholders of said county, which petition may be presented either in term time or vacation, to order the judges of election in said county, for the different voting places in said county, to open a poll at the different voting precincts, to take the sense of the qualified voters of said county, whether they will continue or repeal the present fence laws of the county. The judges of election will prepare two ballot-boxes for each voting precinct, in one of which shall be deposited the ballots of the freeholders, and in the other the ballots of the non-freeholders, of the then qualified voters; and the said judges of election shall appoint writers to record the votes, said judges and writers to have the same compensation as in other elections. The said ballots shall be respectively as follows: "For the repeal of the fence law;" "Against the repeal of the fence law:" provided that notice of the time and place of voting upon said question shall be given by the judge of the county court by posting the same at each one of the voting places in said county, at least twenty days prior to said election. The said election shall be ordered by the said judge to be held as aforesaid, within thirty days from the time the said petition shall have been presented to him. The polls taken under this act shall be canvassed, certified, and returned as in other elections, so far as the same is applicable, except that the certificate of the judges of election shall be as follows: Election to be held Form of election

2. The judge of said election, or either of them, shall, within three days after said election, return to the clerk of the county court the poll-books and ballots, and the judge of the county court shall, within three days after said poll-books and ballots have been returned, ascertain from the certificate and abstracts of the votes cast, the result of said election, and cause the result to be entered on the order-book of the county court by the clerk thereof in term time or vacation, and a notice of said result to be posted at the front door of the court-house of said county for at least thirty days. Examination of poll-books

3. If from such abstract and return of votes cast on the question of repealing the present fence laws of the county, it shall appear that a majority of the qualified voters of the county, voting upon the question are in favor of repealing the said fence laws, and said majority includes a majority of the votes cast by freeholders, then it shall be the duty of the judge of the county court, at the first term thereafter, to declare the provisions of the said laws inoperative and repealed in said county, which announcement and declaration shall be entered upon the order-book: provided however, that said repeal shall not take effect so as to authorize the discon. tinuance of existing fences until the expiration of sixty days from and after such announcement and declaration of the county court. Result certified

4. If the existing fence laws of said county are repealed as herein provided, it shall not be lawful thereafter for any horses, hogs, cattle, sheep, mules, or goats to go at large in said county, upon the lands of any person other than the owner or, manager of said animals, nor upon the county road, nor upon any railroad tract or railway bed; and if the same are found going at large upon the lands of any person other than the owner or manager of said animals, the owner or manager of said animals shall be liable for all damages or injury done by said animals to the owner of the crops or lands on which they may trespass, whether said animals wander from the premises of their owner in the county in which the trespass was committed, or from another county; and the party so trespassed upon may recover the damages be has sustained upon a warrant before any justice of the county in which the trespass was committed, and the costsof the warrant, with the right of appeal to the county court by either party, if the amount claimed exceeds twenty dollars. And if the amount clair ed by the party aggrieved exceeds one hundred dollars, he shall institute his action for damages in the circuit court of the county where the trespass was committed. And for every succeeding offence, judgment shall be given for double the amount of damages sustained by the complainant. And any owner or manager of any of the animals aforesaid who shall permit the same to go at large upon the county road, or upon the streets of any village or town in said county, he shall be liable to a fine of five dollars for each offence in favor of said county, to be recovered by the overseer of the county road district in which the offence was committed, upon a warrant before any justice of said county, and the costs of said warrant; said fine to be applied a by the overseer of the road in keeping the road in his district in good repair. And any owner or manager of any of the animals aforesaid who shall permit the same to go at large on any railroad track or railroad bed in said county, shall be subject to a fine in favor of the commonwealth not less than twenty dollars nor more than fifty dollars, to be applied to the support of the free schools of this state, to be recovered before any justice of the county, or by indictment or information, with the right of appeal by the defendant, as in other cases of fine prosecuted for by the commonwealth. Penalties for violators of law

5. No persons adjudged to pay damages in pursuance of the provisions of this act, or convicted of any fine imposed by the same, shall be allowed to claim the benefit of the homestead law, or the exemptions of the poor debtor's law, against any such debt or demand. Claim of homestead denied

6. This act shall be in force from its passage. Commencem't