CHAP. 432.--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 ...
Approved March 21, 1916.
1. Be it enacted by the general assembly of Virginia, That section twenty hundred and forty-eight of the Code of Virginia of eighteen hundred and eighty-seven, as amended by an act approved December 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 eightyseven, as amended by an act of the general assembly, approved February twenty-six, 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, magisterial 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:
Section 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 line between adjoining land owners, declare the boundary line of each lot or tract of land, or any stream in such county, or in any magisterial district thereof, or any selected portion of such county, to be a lawful fence as to any or all the animals mentioned in section twenty hundred 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 twenty hundred and thirty-eight of the Code of eighteen hundred and eighty-seven, as amended by the act of the general assembly March twenty-fifth, nineteen hundred 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 hundred 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, an I shall sign and present to the board of supervisors 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 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 such 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 shall 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 applying, and shall not apply, to relieve the adjoining land owners from making and maintaining their division fences, as defined by section twenty hundred and thirty-eight of the Code of Virginia, 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 fifty-nine, an acts amendatory thereof, shall remain in full force; and provided, that nothing contained in this act shall relieve any railroad 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, sessions 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, magisterial district, or selected portion of the county than as prescribed by 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, if such no-fence law exists otherwise than under order of board of supervisors, entered pursuant to section twenty hundred and forty-eight of the Code of Virginia, eighteen hundred and eighty-seven, as amended by act of the general assembly nineteen hundred and two, nineteen hundred and three, nineteen hundred and four. Provided, the provisions of this act shall not apply to or affect the county of Southampton, nor to the county of Isle of Wight.