CHAP. 200.—An ACT for the protection of sheep in the county of
Warren.

Approved February 27, 1880.

1. Be it enacted by the general assembly, That it shall be
the duty of the commissioner of the revenue for the county of
Warren to take annually, at the time of listing the taxable
property therein, a list of all dogs, male and female, with the
name of the owner or person in whose possession the same
may be found, upon the oath or affirmation of the owner or
housekeeper, or the head of the family with whom or on whose
lot, farm, or premises any dog or dogs may be found, as to the
number of dogs such persons may own or have, or may be
upon his or her lot, farm, 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 lists of
taxable 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, lot,
farm, or premises shall be deemed sufficient evidence of owner-
ship to authorize the commissioner of the revenue of said
county to return the person inhabiting such house, lot, farm, or
premises as the owner of such dog; and every dog not re-
turned, and if returned the tax be not paid thereon, shall be
deemed to have no owner, and may be lawfully killed by any
person seeing him or her at large.
3. Upon complaint of any person to a justice of the peace
of said county that there is a dog that is not listed staying
about the premises of any person, the justice shall summon
such person and the commissioner of the revenue of said
county 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 com-
missioner of the revenue -of said county shall thereupon list
such dog; and if the owner fail to pay the tax thereon and the
costs hereby incurred within ten days thereafter, he shall be
fined the sum of one dollar and costs of such proceeding, and
in any case where the owner of a dog i is delinquent in payment
of the tax on the same, or any fine arising from non-compliance
with this act, it shall be the duty of the constable of the dis-
trict to kill said dog, for which he shall receive one dollar out
of the fund hereinafter provided, and to that end the constable
shall obtain a list from the county treasurer of all delinquents
under this act in his district, and shall in thirty days discharge
his duty in this behalf; and on failure so to do, when practica-
ble, he shall be fined by any justice of the peace in his district
‘one dollar for each dog he so fails to kill, and be responsible
for any damage such dog « or dogs may do in consequence of his
neglect.

4. When said commissioner of the revenue shall have ascer-
tained the number of dogs, he shall assess a license tax of
seventy-five cents per head on all male dogs and spayed
bitches, and on all unspayed bitches one dollar and fifty cents ;
and said sums so assessed shall be collected and accounted for
by the county treasurer as county levies are by law directed to
tbe collected and accounted for; and the treasurer of said
‘county shall keep a separate account for the fund arising from
the said tax and the fines and penalties arising from the execu-
tion of this act. The said fund shall be appropriated, first, to
the payment of ‘the fees, charges, and other expenses incurred
in enforcing this act; secondly, for the payment of such pre-
miums as are hereinafter provided for; thirdly, for remunera-
ting the owners of sheep in said county for any loss they may
sustain in the killing and crippling of their sheep by dogs;
and, fourthly, the residue, if any, to be applied to the support
of the free schools of the county, such residue to be divided
among the several school districts of the county in proportion
to the funds received from each for the same purpose, and to
be used by the boards of free school trustees of such districts
solely for the purpose of employing and paying teachers in
said schools, as is now done with the county levy for the same
purpose.

5. It shall be the duty of any justice of the peace in said
county, whenever any owner of sheep, or his agent, shall make
a declaration before him that his sheep have been killed or
severely wounded by dogs, to hear evidence as to the number
of sheep killed or severely wounded, and as to the amount of
damages sustained. In no case, however, shall the amount
allowed exceed the assessed value thereof. ‘The justice hear-
ing the case shall return to the owner of the sheep killed or
severely wounded a certificate, under his hand, setting forth
the damage sustained, and a like certificate to the clerk of the
county court of said county, who shall present it to the board
of supervisors at their next meeting; and for such proceeding
the justice shall be paid by the said owner or agent fifty cents,
to be added to the damage done to the sheep.

6. The board of supervisors of said county shall allow out of
the fund created by this act, premiums for killing foxes and
wildcats, fix or alter the amounts of such premiums, make reg-
ulations for establishing the right thereto, and for guarding
against frauds upon the county, and alter and rescind such
regulations; provided, however, that the fee for killing a full
grown red fox shall not be less than the tax imposed upon a
male dog; and for the killing of a full grown wildcat, not less
than double that amount. They shall have discretion to order
the payment, in whole or in part, of the claims for damages
done to sheep, and premiums for killing foxes and wildcats
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 enforcing this act, and they
shall also order the payment to the county school board of any
surplus which shall remain of this fund. It shall be the duty
of the attorney for the commonwealth to be present and repre-
sent the interests of the county when claims under this act
are decided.

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

8. The treasurer of said county shall annually, at the meet-
ing 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 services in other
cases ; and when none are provided by law, the board of super-
visors shall make such compensation as they may deem right ;
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. This act shall be in force from its passage.