Chap. 81.—An ACT for the Protection of Sheep in the Counties of
Clarke, Frederick, and Charlotte.

Approved March 6, 1874.

1. Bo it enacted by the general assembly, That it shall be
the duty of the township assessors for the counties of Clarke,
Frederick, and Charlotte, respectively, to take annually, at
the time of listing the taxable property therein, a list of all
dogs, malo and female, with the name of the owner or person
in whose possession the same are found, upon the oath or
affirmation of the owner or housekeeper, or head of the
family with whom or on whose lot or plantation any dog or
dogs may be found, as to the number of dogs such person
may own or have, or as may be upon his or her lot, planta-
tion, or premises, whether owned by him or her or not, and
shall return such list of dogs to the clerk’s office of said coun-
ties, respectively, at the time when he returns his lists of tax-
able property, under the like fines, penalties, and forfeitures
as are now incurred by him for neglect of any similar duties
under existing laws as to his duties in listing and returning
lists of taxable property.

2. That every dog kept or staying about any house shall
be deemed sufficient evidence of ownership to authorize the
assessor to return the person inhabiting said house as the
owner of such dog; and every dog not returned, or if returned
and the tax be not paid thereon, shall be deemed to have no
owner, and may be lawfully killed by any person seeing him
run at large.

3. Upon complaint of any person to a justice of the peace
that there is a dog staying about the premises of any person
that is not listed, the justice shall summon such person and
tho assessor for the township to appear before him and give
evidence as to the listing and ownership of such dog; and if
it appear that the person charged with the ownership of such
dog is the owner thereof, and has failed to list the same as
required by this act, the assessor shall thereupon list said
dog; and if the owner fail to pay the tax thereon and the
cests hereby incurred within ten days thereafter, he shall be
fined the sum of one dollar and costs, one-half of said fine to
go to the informer, and in addition thereto the justice may,
upon good cause shown, order a constable to kill said dog.

he fees allowed under this section shall be those now allowed
by Jaw; and any constable killing a dog under this provision
shall be entitled to receive a fee of fifty cents, to be paid by
the owner of said dog.

4. The board of supervisors-of either of the aforesaid
counties may allow out of the funds received from the tax
imposed by this act, rewards for killing, in either of said
counties, panthers, wolves, foxes, and wildcats, fix or alter
the amount of such rewards, make regulations for establish-
ing the right thereto, and for guarding against frauds upon
the county, and alter or rescind such regulations: provided,
however, the fee for killing a red fox shall not be less than F
the tax imposed upon a dog. n

5. That when said assessors shall have ascertained the 1
number of dogs, they shall levy, and cause to be collected as *
a licénse tax for keeping dogs, the sum of seventy-five cents
for each dog so assessed; and the said sum shall be collected a
and accounted for by the treasurers of said counties as county ¢,
levies are by law directed to be collected and accounted for;
and the said treasurers shall keep a separate account of
money arising from the said tax on dogs in their respective
counties, and pay the same, after deducting commissions and
‘delinquents, to a commissioner hereafter authorized in this
act; and the said money shall be, and is hereby appropriated a
as a fund for remunerating the inhabitants of said counties 7
for any loss they may sustamm by sheep being destroyed by st
a dog or dogs, and for the destruction of panthers, wolves, st
foxes, and wildcats, and the residue, if any, to be divided
among the several townships of each of said counties for te
free school purposes. se

6. That when any inhabitant of either of the counties g
aforesaid shall have any sheep killed by a dog or dogs, he or *
she may apply to the appraisers for such county provided by
by this act, and they, or any two of them, are hereby author-
ized and required to view and ascertain the damages sustained
by the owners of such sheep killed as aforesaid; and when
they shall have ascertained the legality of the claim and the
damages so sustained, they, or any two of them, shall cortify
the same, under their hands and seals, to said commissioner, c
who shall receive the said certificate and give a receipt for *
the same, and shall have it filed in his office; and at the close fe
of each year he shall make an estimate of such certificates 5.
as may have been presented to him, and also the amount of te
all such tax of the same year; and if upon such estimate it
shall appear that the amount of said tax will be insufficient
to discharge the whole amount of damages, he shall appor-
tion the amount, and pay to each sufferer in proportion to
the loss sustained. He shall also pay all rewards offered by a
the supervisors for the destruction of panthers, wolves, foxes, '
and wildcats, when properly certified to him, and if at any is
time after settling the yearly account as aforesaid there shall
be an overplus, such overplus shall be divided between the p
townships of said county in proportion to the funds originally P
received from each for the support of free schools.

7. That it shall be the duty of the justices of the peace in a
said counties, upon the application of the owners of sheep ™*
which have been killed by dogs since the passage of this act,
to issue a summons to three discreet hausckeepers in the
neighborhood to appear forthwith on the premises where
such sheep may be, and after being first duly qualified, they, rt
or any two of them, shall proceed to ascertain and appraise
the true value of said sheep, and return a statement of the
same, under their hands and seals, to the owner.
8. That the boards of supervisors of the counties of

Clarke, Frederick, and Charlotte shall cach appoint a dis-

creet person commissioner under this act, whose duty it
shall be to receive and receipt for all certificates for damages
under this act, file the same in his office, receive from the
treasurer all moneys collected under this act, and apportion
the funds ratably amongst the owners of said certificates,
and pay the same within ten days after he shall have settled
his account, which settlement shall be made once in each
year. Before entering upon the performance of his duties
under this act, he shall give bond and security in the penalty

of two thousand dollars, subject to the approval of the county

court, for the faithful discharge of his duties.

9. That the assessor and treasurer shall each receive a like
commission for their services in this behalf as is now allowed
by law for similar services, and the commissioner shall receive
a commission of five per centum on all money paid out by

im.
10. This act shall not affect sections five and six of chapter

‘one hundred and two of the Code of eighteen, hundred and

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seventy-three.
11. This act shall be in force from its passage.