Chap. 234.—An ACT for the protection of sheep in the county of
Fauguicr.

Approved March 29, 1877.

1. Bo it ondcted by the general assembly of Virginia, That
it shall be the duty of the commissioners of the revenue for
the county of Fauquier, to take annually, at the time of list-
ing tbe taxable property therein, a list of all dogs, showing
whether male or female, with the name of the owner or per-
son in whose possession the same are found. The commis-
sioners shall require the owner or householder, or head of the
family with whom or on whose lot or plantation any dog or
dogs may be found, to make oath or affirmation as to the
number of dogs such person may own or have, or as may be
kept on his or her Jot, plantation or premises, whether owned
by him or her or not; and an accurate list of dogs shall be
returned to the clerk’s office, and a copy of said list to the
county treasurer, at the time when said commissioners return
their lists of taxable property: provided, that the commis-
sioners shall not be required to list any dog under four months
of age. Any commissioner fuiling herein, shall be subject to
the same fines, penalties and forfeitures, which he would in-
cur under existing laws for neglect of any of his duties in
listing and returning Jists of taxable property.

2. Every dog kept or staying about any house, shall be
deemed sufficient evidence of ownership to authorize the com-
missioner to return the person occupying said house as the
owner of such dog; and every dog not returned, orif returned,
and the tax berein authorized be not paid, he’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 kept or staying about the premises of
any Perton that is not listed, but which ought to have been
listed, the justice shall summon such person and the commis-
sioner of the revenue to appear before him, and shall hear
and decide the case; and if the complaint be found to be
true, the commissioner shall thereupon list said dog, and
if the owner shall fail to pay the tax imposed by the next
section, and the cost of such complaint, within ten days there-
after, he or she shall be fined two dollars and costs. In any
case where the owner of a dog is délinquent in the payment
of the tax pn the same, or any fine arising from a non-com-
pliance with this act, it shall be the duty of the constable of
the district to kill said dog, for which he shall receive a fee
of fifty cents out of the fund hereinafter provided; and to
that end, the constable shall obtain a list from the county
treasurer of all delinquents in his district, and shall, in thirty
days, discharge his duty in this behalf; and on failure so to
do, where practicable, he shall be fined by any justice of the
peace in bis district fifty cents for each dog he so fails to kill,
and be responsible for any damage such dog may do in con-
sequence of his neglect.

4. When said commissioners of the revenue shall have
ascertained the number of dogs, they sball assess a license
tax of seventy-five cents on all dogs, whether male or female,
kept by any person, for the privilege of keeping the same;
and said sums, so assessed, shall be collected end accounted
for by the county treasurer as county levies are by law
directed to be collected and accounted for; and the treasurer
shall keep a separate account for the fund arising from the
said tax, and the fines or penalties resulting from the execu-
tion of this act. The said fund sball be appropriated, first,
to the payment of the fees, charges, and other expenses in-
curred in enforcing this act; secondly, for remunerating the
owners of sheep in the said county for any loss they may
sustain by the killing or crippling their sheep by dogs; thirdly,
for paying such premiums as are hereinafter provided for ;
fourthly, the residue to be applied to the support of the free
schools of the county.

5. It shall be the duty of any justice of the peace in said
county, when any owner of sheep or his agent shall make
a declaration before him, that his sheep have been killed, or
severcly wounded by dogs (not his own), to issue a summons
to three freeholders in the neighborhood, any two of whom
may act, who, being legally Sworn, shall go forthwith on the
premises where such Sheep may be, and examine into the
facts and justice of the claim, and appraise the amount of
damages sustained by the owner, said damage not to exceed
the amount per head at which such sheep were rated by the
commissioner of the revenue in bis assessment, and return a
certificate of the same under their hands to the said owner
or his agent, and a like certificate to the clerk of the county
court, who shall present it to the board of supervisors at
their next meeting.

6. The board of supervisors shall allow out of the fund
created by this act, a premium of one dollar for the scalp of
a grey fox; one dollar and fifty cents for the scalp of a red
fox; two dollars for the scalp of a wild-cat, and five dollars.
for the scalp of a wolf; upon satisfactory evidence to the
said board that the same were caught and killed within the
limits of the said county. They shall have discretion to
order the payment in whole or in part of the claims for dam-
ages to sheep, according to the amount of funds collected
under this act, and the equitable right of each application.
They shall order the payment of all fees and charges in en-
forcing this act, and they shall also order the payment to the
county school board of any surplus which may remain of this
fund. It shall be the duty of the attorney for the common-
wealth, to be present and represent the interests of the county
when claims under this act are decided. a

7. All claims arising under the fifth and sixth sections of
this act, shall be audited by the board of supervisors, and all
payments shall be on the order or warrant of the board,
signed by the chairman, and certified by the clerk of the
board.

8. The treasurer shall, annually, at the yearly mecting of
the board of supervisors, make a settlement with said board
of his management of this fand, which settlement shall be
recorded by the clerk.

9. The feces of officers employed in the execution of this
act, shall bo si:nilar to those received for like services in other
cases; and where none are provided by law, the board of su-
pervisors shall make such compensation as they may deem
right, all of which shall be paid out of the afurcsaid fund.

10. This act shall not effect sections five and six of chapter
one hundred and two of the Code of eighteen hundred and
greventy-three.

11. All acts and parts of acts inconsistent with this act are
hereby repealed. |

12. This act shall be in force from its passage.