Chap. 126.—An ACT for the protection of Sheep in the counties of
Bedford, Fauquier, Wythe, and Botetourt.

Approved March 17, 1876.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the commissioners of the revenue for
the counties of Bedford, Fauquier, Wythe, and Botetourt, 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. The commissioners shall require the
owner or housekeeper, or head of the family, with whom or
on whose lot or plantation any dog or dogs may be found, to
make oath or affirmation, as to the number of dogs such per-
son may own or have, or as may be kept on bis lot, planta-
tion, or premises, whether owned by him or her or not, and
an accurate list of dogs shall be returned to the clerk’s office,
and a copy of said list to the county treasurer, at the time
when said commissioners return their lists of taxable pro-.
perty: provided, that the commissioner shall not be required
to list any dog under four months of age. Any commis-
sioner failing herein, shal] be subject to the same fines, pen-.
alties, and forfeitures, which he would incur under existing
laws for neglect of any of his duties, in listing and returning:
lists of taxable property.

2. Every dog kept or staying about any house shall be
deemed sufficient evidence of ownership to authorize the.
commissioner to return the person occupying said house as.
the owner of such dog; and every dog not returned, or if.
returned, 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 p@rson and the commissioner
of the revenue to appear before him, and shall hear and de-
cide the case; and if the complaint be found to be true, the
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, he or she shall
be fined two dollars and,costs. In any case where the owner
of a dog is delinquent in 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 delinquents
in his district, and shall, in thirty days, discharge his duty
in this behalf; and on failure so to do, where practicable, 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 dogs may do in consequence of his neglect.

4, When said commissioners of the revenue shall have
ascertained the number of dogs, they shal! assess a license
tax of one dollar per head on all male dogs, and on every
slut or female dog, two dollars shall be assessed for the privi-
cee of keeping the same; and said sums so assessed shall 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 separat@account for the fund
arising from the said tax, and the fines or penalties resulting
trom the execution of this act. The said fund shall be appro-
priated—first, to the payment of the fees, charges, and other
expenses incurred in enforcing this act; secondly, for remu-
nerating the owners of sheep in said counties for any loss
they may sustain for the killing or crippling their sheep by
dogs; thirdly, for paying such premiums as are hereinafter
provided for; and fourthly, the residue, if any, to be applied
to the support of the free schools of the counties.

5. It shall be the duty of any justice of the peace in said
counties, 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 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 facts and
justice of the claim, and appraise the 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 the county court, who shall present
it to the board of supervisors at their next meeting.
6. The board of supervisors shall allow, out of the fund
created by this act, a premium of one dollar for the scalp of
a gray fox, one dollar and fifty cents for the scalp of a red
fox, two dollars for the scalp of a wild cat, and ten dollars
for the scalp of a wolf, upoy satisfactory evidence that the
same were killed in the limit of the counties. They shall
have discretion to order th@payment, in whole or in part, of
the claims for damages to sheep, 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 in enforcing this act, and they shall also order the
payment to the county school board of any surplus which
may remain of this fund. It shall be the duty of the attor-
ney for the commonwealth to be present and represent the
interests of thecounty when claims under this act are decided.

7. All payments made by the treasurer 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 services in other
cases; and where none are provided by law, the board of
supervisors 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.