Chap. 102.—An ACT for the protection of sheep in Rockingham county.

Approved January 80, 1894.

1. Be it enacted by the general assembly of Virginia, That it shall
be the duty of the assessors for the county of Rockingham to take
annually, at the time of listing the taxable property therein, a list
of all dogs, showing whether male or 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 on his lot, plantation or premises, whether owned by him
(or her) or not, and shall] return such list of dogs to the clerk’s office
of said county at the time when he returns his list of taxable prop-
erty, under the like fine, 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 staying about any house shall be deemed sufficient
evidence of ownership to authorize the assessors to return the person
inhabiting said house as owner of such dogs, 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.

8. Upon complaint of any person toa 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 the assessor to ap-
pear before him, who shall hear and decide the case, and if the com-
plaint be found to be true the assessor shall thereupon list said dog,
and if the owner fail to pay the tax thereon and the cost thereby in-
curred within ten days thereatter, he shall be fined two dollars and
ost, one-half of said fine to go to the informer. In any case where the
wner of a dog is delinquent in the payment of the tax on the same,
rany fine arising from a non-compliance with this act, it shall be
ne duty of the constable of the district to kill said dog, for which
e shall receive a fee of one dollar from the party delinquent, if col-
-ctible, if not, from dog-tax fund; and to that end the constable
hall obtain a list of all delinquents in his district, and shall, within
hirty days, discharge his duty in this behalf, and on failure so to do
e Bhall be fined by the justices of his district one dollar for each
og, and be responsible for any damage they may do in consequence
f his neglect.

4. That when said assessors shal] have ascertained the number of
ogs they shall assess a license tax of a sufficient amount per head
n all male and female dogs to pay all sheep losses caused by dogs,
uch tax to be double the amount on female dogs as that upon male
nd spayed female dogs. Such loss shall be ascertained by the
ard of supervisors, and they shall fix the amount of license tax on
ach dog and furnish same to the assessors on or before July first of
ach year. Said board of supervisors shall use as a basis of estimate
Oo arrive at such license tax the sheep losses sustained from July
irst, eighteen hundred and ninety-three, to June thirtieth, eighteen
1undred and ninety-four, and every fiscal year thereafter in like
nanner. Should there be a surplus, the same shall be carried into
he dog-tax fund of the succeeding year. Should there be a deficit,
he same shall be made up in the levy of the ensuing year, in all
-aseg regulating the dog-tax fund with the sheep losses as nearly as
»0ssible; and said sums so assessed shall be collected, or caused to
be collected and 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 of the fund
arising from said tax and the fines or penalties resulting from
the execution of this act. The said fund shall be, and is hereby, ap-
propriated for remunerating the inhabitants of said county for any
loss they may sustain from dogs killing or crippling their sheep, and
for paying any expense in enforcing this act not otherwise pro-
vided for.

do. That it shall be the duty of any justice of the peace in said
county, on application of the owner of sheep or his agent, which
have been killed or wounded by dogs since the passage of this act,
to issue a summons to three discreet housekeepers, or, at his discre-
tion, approve the selection of three such appraisers by the sheep-
owuer or his agent, who may not have been summoned by a justice,
Who 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, and return an ac-
curate statement of the same under their hands and oath to a justice,
who, if he approve the return, shall so endorse the same, but, if not,
shall endorse his disapproval and his reasons for the same, and for-
ward all the papers to the clerk of said county, who shall receive the
Fame and present them to the board of supervisors of said county at
their next meeting.
6. The board of supervisors shall have discretion to order the pay-
ment of claims for sheep losses in whole or in part, subject to the
amount of funds collected under this act and the legal and equitable
right of each application. It shall be the duty of the attorney for
the commonwealth to be present and represent the interests of the
county when these claims are decided.

7. 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
county clerk.

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

9. The fees of officers employed in the execution of this act shall
be similar to those received for like service, and where none are pre-
scribed by law the board of supervisors shall make such proper com-
pensation, all of which shall be paid out of the aforesaid fund.

10. This act shall not affect sections five and six of chapter one
hundred and two of the code of eighteen hundred and seventy-three.

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

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