Chap. 138.—An ACT to Protect Sheep in the County of Botetourt.
Approved March 1, 1875.

1. Be it enacted by the general assembly of Virginia,
That it shall be the duty of the commissioners of revenue
for the county of Botetourt to take annually, at the time of
listing the taxable property therein, a list of all dogs, show-
ing 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 an
dog or dogs may be found, as to the number of dogs suc
person may own or have, or as may be on his lot} plantation
or premises, whether owned by him Cr her) or not, and
shall return such list of dogs to the clerk’s office and an ad-
curate copy of said list to the county treasurer of said
county at the time when he returns his list of taxable pro-
perty. Any commissioner failing herein shall be subject to
the likg fines, penalties, and forfeitures as are-now incurred
by him for neglect of.any of his duties, under existing laws,
in listing and returning lists of taxable property.

2. That every dog kept or staying about any house shall
be deemed sufficient evidence of ownership to authorize the
assessor to return the person inhabiting said house as the
owner of such dog; and every dog not returned, or if re-
tarned and the tax herein authorized be not paid, 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 person that is not listed, but which ought to have
been listed, the justice shall summon such person and the
assessor or commissioner of the revenue to appear before
him, and shall hear and decide the case; and if the com-
plaint be found to be true, the assessor or commissioner shall
thereupon list said dog; and if the owner fail to pay the tax
imposed by the next section and the costs of such complaint
within ten days thereafter, be or she shall be fined two dollars
and costs—one-half of said fine of two dollars to go to the
informer. In any case where the owner of a dog is delin-
quent in the payment of the tax on the same, or any fine
arising from a non-compliance 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 one dollar, out of the fund
hereinafter provided, and to that end the constable shall
obtain a list from the county treasurer of all the delin-
quents in his district, and shall within thirty days discharge
his duty in this behalf; and on failure so to do where practi-
cable, he shall be fined by any justice of the peace of his
district one dollar for each dog he so fails to kill, and be re-
sponsible for any damage such dogs may do in consequence
of his neglect.

4, That when said commissioners of revenue shall have
ascertained the number of dogs, they shall assess-a license
tax of one dollar per head on all male dogs, and on every
slut or female dog, three dollars shall be assessed for the
privilege of keeping the same; 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 di-
rected 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 shall be appropriated—first,
to the payment of the fees, charges, and other expenses in-
curred in enforcing this act; secondly, for remunerating the
inhabitantg of said county for any loss they may sustain
from dogs killing or crippling their sheep; thirdly, for pay-
ing such premiums as are hereinafter provided for; and
fourthly, the residue, if any, shall be applied to the support
of the free schools in said county.

5. That it shall be the duty of any justice of the peace in

said county, on an application of the owner of shoow, or his
agent, which have been killed or severely wounded by dogs,
after the commencement of this act, 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
acts and justice of the claim and appraise tle amount of
damages sustained by the owner, 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 said county, who
shall receive the same and present it to the board of super-
visors of said county at their next meeting.

6. The board of supervisors shall allow out of the fund
created by this actauch premiums for killing foxes, wolves,
wild cats, and panthers as, in their judgment, they shall
deem best to further the objects of this act; they are em-
powered to make such changes in the premiums, and make
such regulations for establishing rights thereto and for
guarding against frauds on the treasury as experience may
suggest; and also for identifying the dogs on which the tax
‘has been paid. They shall also order the payment of alt
fees and charges in enforcing this act, and shall, annually,
‘apportion the surplus fund ratably amongst the owners of
said certificates, to an amount not oxceeding the damages
sustained by such owners, respectively, and order their pay-
ment. It shall be the duty of the attorney for the com-
monwealth to be present and represent the interests of the
county when these claims are decided.

7. an 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 in other
cases; and where none are prescribed by law, the board of
supervisors shall make such proper compensation as they
may think right; all of which shall-be paid out of the afore-
said fund. ,

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

11. The ten pteceding sections of this act shall be in force
from and after the time of their receiving the sanction of s
majority of the qualified voters of said county, who may
desire to vote on the question of their adoption or rejection.
And in order that the question of the adoption or rejection
of this law be submitted to the people of tho county, it
shall be the duty of the several officers conducting the vlec-
tion to be held in the month of May, eighteen hundred and
seventy-five, in the county of Botetourt, for officers to be
elected at that time, to prepare a separate box for each
voting precinct, in which shall be deposited the ballots of
the then qualified voters who shall desire to vote upon the
question. The said ballots shall be, respectively, as follows:
‘For the law for the protection of sheep in the county of
Botetourt.” “Against the law for the protection of sheep
in the county of SBotetourt.”

12. The manner of receiving and canvassing the ballots
cast at said election for the law, and the making returns and
abstracts of the result thereof, shall conform in all respects
to the regulations prescribed by the general election laws of
this state. ,

13. The persons conducting the election at the various
places of voting, shall certify the number of votes cast for
the law and the number of votes cast against it to the clerk
of the county court of Botetourt, who shall lay the same
before the county court at its first term after the said elec-
tion; and if it shall appear from the returns and abstracts
of votes so returned that a majority of the qualified voters
voting are in favor of the law, it shall be the duty of the
judge of the county court to declare the said law in force.

14. In the event that a majority of the qualified voters
voting upon the question of adoption or rejection of this law
in the month of May, of the year eighteen hundred and
seventy-five, shall not be in favor of said law, it shall be
lawful for the judge of the county court of Botetourt, at
any time thereafter, and as often as he may think proper,
upon the petition of any one hundred or more of the free-
holders of said county, by an order entered of record, to
submit the question of adoption or rejection of said law to
the qualified voters of eaid county at any other general elec-
tion, to be held in the month of May of any other year, such
other election to be governed in all respects, and returns
made, as is provided for in sections eleven, twelve, and thir-
teen of this act: provided however, that official notice of
such submission shall be published in some newspaper printed
in said county, and also posted at each place of voting in the
county, for at least four weeks next preceding such other
election. And whenever it shall appear from the returns
and abstract of votes, at such other election, that a majorit
of the qualified voters voting are in favor of the law, it shall
be the duty of said judge to declare the said law in force.

15. Sections eleven, twelve, thirteen, and fourteen of this
act shall be in force from their passage.