Chap. 401.—An ACT to authorize the board of supervisors of Rockbridge
county to provide for the protection of sheep and other live stock by a
license tax on dogs, the enforcement thereof, and the reimbursement of
the owners of such animals, killed or injured by dogs, out of the proceeds
of such tax. [H B 202]

Became a law without the governor’s signature March 22, 1918.

1. Be it enacted by the general assembly of Virginia, That when
the provisions of this act shall be accepted and adopted by the board
of supervisors of Rockbridge county, a majority of the members
elected to said board voting therefor, the same shall be in full force,
and have the effect of law in said county, as follows:

On or before the fifteenth of July, in the year nineteen hundred
and eighteen, and on or before the fifteenth of March in each year
thereafter, the owner, or keeper of every dog over six months of
age must obtain a license from the county treasurer for the privilege
of keeping such dog. Said treasurer shall issue with each such h-
cense a metal tag, which must be worn by the dog at all times. Such
license shall be in the form to be approved and prepared by the
county clerk of said county; shall be signed by the treasurer thereof
or one of his deputies; shall bear its serial number, state to whom
and the year for which it is issued, and the name, sex and color of
the dog, and shall be good until another license shall be required.

Printed blanks for such licenses shall be provided under the di-
rection of said board, in books prepared for the purpose, with a
stub bearing the same serial number, on which shall be entered a
statement of the same facts, which are stated in the corresponding
license. The entries thus made shall constitute the registry of each
dog so licensed.
The owner or keeper of a dog who fails or refuses to obtain a
license for such dog within thirty days after he is required to obtain
the same, by the provisions of this act, or any order or ordinance
of said board of supervisors, adopted in pursuance hereof, shall be
nubject to a penalty of not less than three nor more than ten dol-
ars.

2, The owner or keeper of every such dog shall pay said treas-
urer the following license tax for the privilege of keeping such dog,
namely: not to exceed one dollar and fifty cents for each male or
spayed female dog, and not to exceed three dollars for each unspaved
female dog.

There shall be paid to such treasurer, in addition to such license
tax, the sum of ten cents, as a registration fee and as compensation
for such treasurer’s services in the premises.

The owner of each dog so licensed shall place and keep around
the neck of such dog, a collar of leather or other suitable material.
and shall attach such metal tag securely to such collar by means
of rivets, metal bonds, or other suitable devices.

3. It is unlawful for the owner or keeper of any female dog to
permit such dog to go beyond the premises of such owner at any
time she is in heat, unless such dog is properly held in leash. It
shall be unlawful for any person to harbor or permit to remain about
his premises any dog not having a license.

4. Any person may kill any dog which he sees in the act of pur-
suing, worrying or wounding any sheep, or injuring any live stock
or attacking human beings, whether or not such dog bears the li-
cense tag required. It shall be the duty of the sheriffs, deputy sher-
iffs, constables, game wardens, deputy game wardens and the police
ofticers of any town in said counties, to kill every dog which does
not bear a proper license tag, or any dog found guilty of violating
the provisions of this act or pursuing, worrying or wounding sheep
or killing or injuring live stock. For failure to perform his duty
under the provisions of this act any such officer shall be liable to a
penalty of five dollars for each offense; for the performance of his
duty he shall be paid the sum of one dollar for the killing of each
such dog.

5. The treasurer shall receive and receipt for the sums paid for
the license herein provided for and shall keep a separate account of
the fund arising from said tax. The said fund shall be, and the
same is hereby, appropriated for the purchase of the necessary tags.
the payment of officers as above provided, and the balance for re-
munerating the inhabitants of said counties, respectively, for any
loss they may sustain from dogs killing or crippling their sheep,
lambs or other stock; any balance remaining on hand for any yeal
shall be appropriated to the county school fund of public schools ot
to the public road fund, as the board of supervisors may determine.
to be used in accordance with the law governing such funds.

6. If the fund be insufficient to pay expenses incident to the execu-
tion of this law, and then to pay the whole amount of damages in-
flicted on such stock, each sufferer shall be paid out of said fund in
proportion to the loss sustained.
_ ¢ Tt shall be the duty of any justice of the peace on the applica-
tion of the owner of any sheep, Jambs, or other stock, or his agent,
which have been killed or wounded by dogs (not his own), after the
passage of this act, to issue a summons to three discreet persons who
are qualified voters (two of whom may act), who, having been duly
sworn, shall go forthwith on the premises and examine into the
facts and justice of the claim and appraise the amount of damages
sustained by the owner; such damages shall not exceed the assessed
value of said property, but if the same was not in possession of said
owner at the time of assessment, the damage shall be assessed ac-
cording to the assessed value of the same or like grade and quality
in the community where they are killed; said appraisers shall re-
turn an accurate statement to a justice, who, if it appears that such
property was killed or crippled by dogs not belonging to the owner
of the stock, shall approve the same by endorsement and forward
the papers to the clerk of the board of supervisors, who shall re-
ceive the same and present them to the board of supervisors at their
next meeting. The said board shall thereupon hear and consider
the claim and upon satisfactory proof of the amount of his damages
and of his right to the benefit of this act, shall enter upon their
minute book their allowance of such damages, to which such owner
is, in their judgment, entitled, by reason of the killing or injury of
his sheep or other animals, by dogs.

8. All payments made by the treasurer out of funds created by
this act shall be on the order of the board of supervisors certified by
the clerk of said board.

9. The treasurer shall annually, at the yearly meeting of the
board of supervisors, make a statement to said board of his re-
ceipts and disbursements of this fund, and said. board shall then or-
der the payment of the damages allowed by them, or such part
thereof as they may be able to pay out of said fund, and all pay-
ments of said fund shall be made within sixty days after said year-
ly meeting; at the expiration of the said sixty days the said treas-
urers shall make a final settlement of this fund with the board of
supervisors, and said settlement shall be recorded by the clerk.

10. All dogs licensed pursuant to this act shall be deemed per-
sonal property and may be the subject of larceny and malicious or
unlawful trespass. .

11. Any person violating, failing or refusing to comply with
any of the provisions of this act shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be sentenced to pay a
fine not exceeding twenty-five dollars. -

12. No other or greater tax than that herein prescribed shall be
assessed against the owner of any such dog, in said county on ac-
count of said dog, or for the privilege of keeping the same.

13. It shall be lawful for said board of supervisors, if and when
it shall adopt and accept this act for said county, and it is in that
event, hereby expressly made the duty of said board, to adopt and
ordain such regulations and provisions, by way of addition or
amendment to this act as may, in the judgment of such board, be
necessary or proper, for elfectuating the object of tnis act, or remedy-
ing any defects or omissions therein, and the same, when adopted
by the votes of a majority of all of the members of said board, shall
have the force and effect of law.

14. It shall also be lawful for said board of supervisors to, in
its discretion, ordain and prescribe that the provisions of this act,
and of any regulations, order or ordinance adopted by such board in
effectuation, or in amendment thereof, shall apply to any incorpor-
ated town in such county upon terms to be prescribed by such board
of supervisors.

15. Plenary power is hereby conferred upon said board of super-
visors to adopt such orders, or ordinances, and to take such action
as may be necessary or proper to carry out the provisions and give
effect to the object of this act.

To this end, in addition to such other action as said board shall
take in the premises, said board is empowered to devolve such duties
upon the commissioners of the revenue, sheriffs, and game wardens
of said county, and their deputies, and upon any constables or police
officers in said county, or in any incorporated town therein, as may
be necessary or helpful, in the judgment of said board, in connection
with the ascertainment or assessment of all or any dogs in said coun-
ty with the tax aforesaid, or the collection thereof, or the enforce-
ment of this act.

16. All acts and parts of acts in conflict with this act are hereby
repealed.