Chap. 413.—An ACT to amend and re-enact an act entitled an act to prevent
damage and injuries by dogs, and to provide compensation to owners of
stock so injured; to provide for license on dogs, and to provide for penalties
for violations thereof ; to provide compensation to owners of fowl so in-
jured, and to provide funds for the enforcement of this act therefrom,
approved March 20, 1918. (H B 342]

Approved March 22, 1920.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to prevent damage and injuries by dogs, and to provide

compensation to owners of stock so injured; to provide for license on
dogs, and to provide for penalties for violations thereof, approved
March twentieth, nineteen hundred and eighteen, be amended and re-
enacted so as to read as follows:

(1) Be it enacted by the general assembly of Virginia, That it
shall be the duty of every person owning, or having under his control,
or on premises upon which he resides, any dog over four months of
age, to pay on or before the first day of February, of each year, a
license tax on such dog, as hereinafter provided; or in event such dog
shall become four months of age, or come into the possession of any
person at any time after the first day of February, such license tax
shall be forthwith paid thereon. All dog licenses shall run from the
first day of February to the thirty-first day of the following January,
but there shall be no abatement or reduction in the license tax for the
fractional part of a year.

(2) Every dog above four months of age shall be liable to a
license tax as follows, namely: On every male and spayed female,
one dollar; on every unspayed female, three dollars; such tax to be
in lieu of all other taxes at present imposed upon or on account of
such dogs by State and local county laws, and city and town ordi-
nances, which license tax shall be paid to the treasurer of the county,
city or town, or to such other officers as is or shall be designated by
law to collect county, city and town taxes, in the county, city or town,
such officer to be hereinafter designated for the purpose of this act as
“treasurer,” wherein the owner of such dog, or such person as may
have him under control, may reside, but any person may pay a kennel
tax of ten dollars, which shall entitle him to keep therein not more
than twelve dogs belonging to himself, or in training for others, or
he may pay fifteen dollars, which shall entitle him to keep in said
kennel as many dogs belonging to himself or in training for others as
he may desire—such kennel dogs to be at all times kept confined,
unless accompanied by the owner or his agent, but in case of fox
hounds and deer hounds, when in chase, or returning home from
chase, such dogs may at such times be let out from under the 1mme-
diate control of the owner or other person having them in charge.
~ Upon the payment of the tax hereinabove provided for, the person
paying the same shall be entitled to receive a receipt card therefor, on
whiclr shall be plainly recorded by the treasurer the date on which
such tax is paid, and a metal license tag, on which shall be stamped or
otherwise permanently marked the year for which the license is paid,
and the serial number of the license; such tag shall be a different
shape for each year, and shall be of a design adopted by the commis-
sioner of game and inland fisheries, such design when so adopted shall
be used over the entire State during the year. Such commissioner may
adopt different designs to indicate whether the license paid is paid on
a male or spayed female, or on an unspayed female, or upon a kennel
dog. The department of game and inland fisheries shall deliver to
each treasurer a sufficient supply of such tags on or before the first
day of November in each year; such tags shall be on sale by him
a that day for the year beginning February first next. Upon the
ire to pay such tax on or before February first there shall be addec
ye per centum penalty, which shall be the only penalty for suct
ire to pay such tax until May first, but after May first the failure
ay same shall constitute a misdemeanor, as herein set forth. Suck
surer shall receipt to the department of game and inland fisheries
such tags, and shall on the first of November of each year rendet
ccount with the department for all tags sold, and return all unsolc
which were received by him on the preceding first day of Novem-

When such tag is so issued, the treasurer shall record the name
he owner of the dog, or the name of such person as has the dog
ustody, with the number of the license tag, and the amount of the
ise tax paid. Necessary tags shall be furnished by the department
ame and inland fisheries to treasurers, and these tags, when fur-
ed, shall be paid for out of the funds received and retained by
1 counties, cities and towns derived from dog licenses, such license
-when so furnished to the owners of dogs, or those having them
harge, shall be attached to a substantial collar to be furnished
he owner of dog, or other person having such dog under his con-
and shall be worn by such dog at all times, except as otherwise
rided in this act. If any such tag should be lost, the owner of
dog, or such person as may have such dog in his charge, shall at
: pay to the treasurer ten cents for a new tag, which shall forth-
. be attached to the dog’s collar, and shall at all times be worn
eon, except as otherwise provided in this act. The treasurer of
| county, city and town shall receive for handling the funds arising
1 taxes imposed by this act, ten cents for each tag sold, except
icates and kennel tags, for which he shall receive ten per centum.
hall be the duty of the treasurer of each county, city and town
irnish the commissioner of game and inland fisheries on or before
first day of May of each year with a list of all persons in his
ity, city or town who have paid license taxes on dogs as herein pro-
d, and any treasurer who shall fail to comply with this provision
1is act shall forfeit to the Commonwealth the sum of five dollars
each day after the first day of May, until such list 1s furnished to
commissioner of game and inland fisheries, and in furnishing such
to the commissioner of game and inland fisheries, this act shall be
trued to have been complied with when such list is deposited in the
ed States mail, duly registered and properly addressed to the com-
ioner of game and inland fisheries on or before the first day of
'in each year. Upon receipt of such list, the commissioner of
e and inland fisheries shall properly proceed, through county, city
town game wardens, to obtain warrants for persons liable under
act to pay dog licenses, and who have not paid same, and if any
| person or persons be convicted of having failed to pay the license
on dogs owned by them, in their custody, or on their premises,
r before the first day of May of such year, he or they shall pay
| fine as is imposed in accordance with the provisions of this act.
ther with all costs incident to such prosecution, and unless such
fine and costs, as well as such license tax or taxes, be forthwith paid,
such dog or dogs shall be killed by the game warden, or by some other
officer who may be designated by the magistrate to act, but the killing
of such dogs or dog shall not operate as a release of the fine and costs,
and of the license tax or taxes, already due.

(3) It shall be unlawful for any person to permit any dog to run
at large at any time, without a license tag as hereinabove provided.

(4) It shall be the duty of any game warden, regular, special or
ex-officio, or the privilege of any person, who may find or know of a
dog roaming at large at any time of the year, without a license tag
as herein provided, to immediately notify the owner thereof, if known
to him, and if such dog be again found roaming at large contrary to
the provisions of this act, or if upon the first occasion of finding such
dog so at large, the owner be not known to the warden, or if any dog,
whether wearing a tag or not, be found killing, injuring or chasing
sheep, or killing or injuring any domestic animal, it shall be the duty
of the warden to kill such dog forthwith in any manner he may see fit,
and any person finding a dog worrying or killing sheep, or committing
any of the depredations mentioned in this section, shall have the right
to kill such dog on sight. If any warden or other person shall not find
a dog killing sheep, or committing any of the depredations mentioned
in the section, but have reason to believe that such dog is worrying or
killing sheep, or committing any of the depredations mentioned in this
section, he shall apply to a magistrate of the county, city or town
wherein such dog may be, who shall issue a warrant requiring the
owner, or other person having such dog in his charge, if known, to
appear before such magistrate at a time and place named therein, at
which time evidence shall be heard, and if it shall appear that such
dog is a sheep killer, or has committed any of the depredations men-
tioned in this section, the dog shall immediately be ordered to be
killed, which the warden, or other officer designated by the magistrate,
shall do. If any dog be running at large on which license has not
been paid, and has no known ownership, it shall be the duty of the
game warden to kill such dog on sight. Any warden failing or refus-
ing to perform any duty herein directed to be performed by him shall
be deemed guilty of a misdemeanor, and upon conviction thereof he
shall be fined not less than five, nor more than twenty dollars for
each offense, or for each dereliction of duty. Any person or officer
killing a dog under this act shall burn or bury the same. Game war-
dens shall receive a fee of two dollars and fifty cents, to be paid out of
the fund derived from the sale of dog license tags, for each dog killed
by them under the provisions of this act. Bills for such fees shall be
rendered by each game warden entitled to receive them to the board
of supervisors of the county, or to the city and town council, or to
such other governing body of a city or town, as may be authorized
by law to pass upon, approve and order to be paid, bills against such
city or town. Every such bill shall be verified by the oath of the
warden presenting same, and when it shall appear to such board of
supervisors, city or town council, or other governing body that the
supervisors, city or town council, or other governing body that the
account is correct, the same shall be forthwith ordered to be paid.

(5) <Any person, firm or stock company taxed by the State who
shall have any stock or fowl killed or injured by any dog shall be
entitled to receive compensation therefor at the assessed value of such
stock and the fair value of such fowl out of the fund derived from
dog licenses, and in addition thereto he shall recover from the owner
of such dog or the person having such dog under his control at the
time the damage is done, in an appropriate action at law, the dif-
ference between the assessed value and the full value of such stock or
fowl, and in case of any person being bitten by a mad-dog he shall
recover from such fund the costs of necessary treatment, not to exceed
two hundred dollars.

(6) All moneys arising from the collection of dog license taxes
shall be kept in a separate fund by the treasurer. From such fund
the treasurer shall remit a sum equal to fifteen per centum of the
gross receipts from dog license taxes collected nineteen hundred and
twenty and thereafter only fifteen per centum, to the auditor of public
accounts, to be placed by the auditor of public accounts to the credit of
the department of game and inland fisheries to be used by the depart-
ment of game and inland fisheries for the enforcement of this act, and
to carry out the purposes thereof. Such remittance shall be made at
such times as such treasurer makes his settlement with the auditor
of public accounts. It shall be the duty of the commissioner of game
and inland fisheries to enforce the provisions of this act; and for per-
forming such services he shall receive a salary of nine hundred dollars
($900.00) per annum and his necessary traveling expenses, to be paid
only out of the money collected from license taxes on dogs and out
of such part of such funds as is placed by this act under the control
of the department of game and inland fisheries for the purpose of
enforcing the provisions of this act. Out of the remaining eighty-five
per centum nineteen hundred and twenty and thereafter eighty-five per
centum of the fund so collected by the treasurer all damages and fees
provided for in this act shall be paid. In the event the same is not
sufficient for the payment of all such fees and damages, they shall
be paid in the order of their presentation, and any person whose claim
is not paid in any one year by reason of lack of money to the credit of
the dog license fund shall be paid out of the first money coming into
that fund after his claim is reached. Any funds remaining in the
hands of the treasurer, as shown by his report made to the board of
supervisors of his county, or to the city or town council, or other
governing body, at the beginning of each year, shall be used by the
counties for either the public roads or public schools, as the board of
supervisors may direct, and may be used in cities and towns for such
purposes as the city or town council, or other governing body, may
direct, provided, however, that the board of supervisors may pay for
either hawk or crow scalps, or both, as may be authorized by law, out
of such fund. It shall be the duty of the treasurer to report twice
annually, on May first and November first in each year, to the commis-
sioner of gdme and inland fisheries, the total amount of money col-
lected by them for dog licenses, kennel licenses, and duplicates of tags,
number of license tags issued for male and spayed females, unspayed
females, kennel and duplicates issued by them, the amount paid out by
them for fees and for damages done by dogs, and the balances left in
their hands at the time such report is made.

(7) Any person failing to pay a license tax on any dog which he
may own, have under his control, or on premises upon which he
resides, or who shall otherwise violate the provisions of this act, shall
be deemed guilty of a misdemeanor, and on conviction shall be fined
not less than five dollars, nor more than one hundred dollars, for each
offense.

(8) The department of game and inland fisheries is specially
charged with the enforcement of this law, and to that end is authorized
to use so much of the funds hereinabove directed to be paid out of the
dog license fund of each county, city, and town to the auditor of public
accounts to the credit of said department of game and inland fisheries,
as’ it may deem advisable. All acts or parts of acts, local or general,
in conflict with this act are hereby repealed.

(9) This act shall not be construed to prevent dogs from having
collars and tags removed while they are actually being hunted, and
are accompanied by the hunter, nor to prevent dogs, other than kennel
dogs, from running at large day or night.