Chap. 238.—An ACT for the Protection of Sheep in the County of A-
bemarle.

Approved March 25, 1875.

1. Be it enacted by the general assembly of Virginia, Tha:
it shall be the duty of the commissioners of the revenug {or
Albemarle county, to take, annually, at the time of listing th:
taxable property therein, a list of all dogs (male and female:
with the name%f the owner or person in whose possessior
the same are found, upon the oath or affirmation of the owner
or housekeeper, or head of the family with whom or on whos:
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 he
upon his or her lot, or plantation, or premises, whether owne!
by him or her, or not, and shall return such list of dogs to the
clerk’s office of said county at the same time when he return:
his list of taxable property, under the like fines, penalties an
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 sbz.:
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-
turned and the tax be not paid thereon, shall be deemed t6
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, that is not listed, staying upon the pre-
mises of any person, the justice shall at once summon such
person and the commissioner of the revenue, whose duty 1!
was to list him, to appear before him and give evidence as (0
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 bv
this act, the commissioner of the revenue shall thereupon
list said 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, one-hall
of said fine to go to the informer; and in addition thereto.
the justice may, upon good cause shown, order a constable to
kill said dog. The fees allowed under this section shall be
those now allowed by law; and any constable killing a dog
under this provision, shall be entitled to receive a fee of fifty
cents, to be paid by the owner of said dog.

4. The board of supervisors of the aforesaid county may
allow out of the funds received from the tax imposed by
this act, rewards for killing, in said county, foxes and wild
cats, as follows: For a grey fox scalp, twenty-five cents; for
a red fox scalp, fifty cents; and for a wild cat scalp, one dollar.

5. That when the commissioners of the revenue shall have
ascertained the number of dogs, they shall levy and cause to
be collected as a license tax for keeping dogs, the sum of
fifty cents for each dog, and the sum of one dollar for each
bitch so assessed; and the said sums shall be collected and
accounted for by the treasurer of said county as county
levies are by law directed to be collected and accounted for;
and the said treasurer shall keep a separate account of money
arising from the said tax on dogs, and pay the same, after
deducting commissions and delinquents, to a commissioner
hereafter authorized in this act; and the said money shall
be and is hereby appropriated for a fund for remunerating
said county for any loss they may sustain by sheep being
destroyed by a dog or dogs, and for the destruction of foxes
and wild eats, and the residue, if any, to be divided among the
magisterial districts of said county for free school purposes.

6. That when any inhabitapt of the aforesaid county shall
have any sheep killed by a dug or dogs, he or she may apply
to the appraisers provided for by this act, and they, or any
two of them, are hercby authorized and required to view and
ascertain the damages sustained by the owners of such sheep
killed as aforesaid; and when they shall have ascertained the
legality of the claim and the damages so sustained, they, or
any two of them, shall certify the same, under their hands
and seals, to said commissioner, who shall receive the said
certificate and give a receipt for the same, and shall have it
filed in his office; and at the close of each year he shall
make an estimate of such certificates as may have been pre-
sented to him, and also the amount of all such tax of the
same year; and if, upon such estimate, it shall appear that
the amount of said tax will be insufficient to discharge the
whole amount of:damages, he shall apportion the amount
and pay to each sufferer in proportion to the loss sustained.
He shall also pay all the rewards herein provided for, for the
destruction of foxes and wild cats, when properly certified to
him, and if, at any time, after settling the yearly account as
aforesaid, there shall be an overplus, such overplus shall be
divided between the magistcrial districts of said county, in
proportion to the funds originally received from each, for the
support of free schools.

7. That it shall be the duty of the justices of the peace in
said county, upon the application of the owners, or their
agents, of such sheep which have been killed by dogs since
the passage of this act, to issue a summons to three discreet
housekeepers in the neighborhood, to appear forthwith on
‘the premises where such shecp may be, and being first duly
qualified, they, or any two of them, shall proceed to ascer-
tain and appraise the true value of said sheep, afld return 3
statement of the same, under their hands and seals, to the
owner.

8. That the board of supervisors of said county shall ap-
point a discreet person commissioner under this act, w hoes
duty it shall be to receive and receipt for all certificates for
damages under this act, file the same in his office, receive
from the treasurer all moneys collected under this act, and
apportion the funds ratably among the owners of said cer-
tificates, and pay the same within ten days after he sbat
have settled his account, which settlement shall be made
once in cach year. Before entering upon the performance:
of his duties under this act, he shall give bond and security
in the penalty of two thousand dollars, subject to the ap
proval of the county court, for the faithful discharge of his
duties.

9. That the commissioner of the revenue and treasurer
shall receive a like commission tor their services in this
behalf as is now allowed by law for similar services, and the
commissioner shall receive a commission of five per centum
on all money paid out by him.

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

11. Phat it shall be the duty of the judge of the county
court of said county, upon application, in writing, of any
fifty freeholders of said county, to submit to the qualified
voters of said county, at such time as he may deem best, the
question of the adoption or rejection of this law. The officers
conducting the next suceeeding election shall conduct the
election hereby provided for, and shall receive the ballots
east in such election, which ballots shall be respectively as
follows: ‘“‘l’or the law for the protection of sheep in the
county of Albemarle;”’ “Against the law for the protection
of sheep in the county of Albemarle.”

12. The manner of receiving and canvassing the ballots
cast at said election for or against said law, and making ab-
stracts and returns of the result ther eof, shall conform in all
respects to the regulations prescribed by the general election
laws of this state.

13. The persons conducting said elections at the various
places of voting, shall certity the number of votes cast for
the law, and the number of votes cast against the law, to the
clerk of the county court of the aforesaid county; and if it
shall appear from the returns and abstracts of votes so re-
turned, that a majority of the qualified voters voting are in
favor of the law, the clerk shall certify the same to the
county court at its next succeeding term after its adoption,
and it shall thereupon be the duty of the judge of said court
to declare the said law in force.

14. This law shall be in force one month from the time it
is declared by the judge of the county court to have been
adopted by the votes of said county.