Chap. 107.—An ACT to amend and re-enact an act entitled an act for
mn protection of sheep in the county of Fairfax, approved January
oth, 1875. : .

Approved February 26, 1877.

I. Be it enacted by the general assembly, That an act en-
titled an act for the protection of sheep in the county of
airfax, approved January fifth, eighteen hundred and sev-
enty-five, be amended and re-enacted so as to read as follows:
It shall be the duty of the commissioners of the revenue
for the county of Fairfax, to take annually, at the time of.
listing the taxable property therein, a list of all dogs, male
or female, with the name of the owner or person in whose
possession the same may be found. Upon the oath or affir-
mation of the owner or housekeeper, or head of the family
with whom, or in whose lot or plantation. any dog or dogs
may be found, ag to the number and sex of dogs such person
may own or have, or be upon his or her lot, plantation, or
premises, whether owned by him or her or not, and shall
return such lists of dogs to the clerk’s office of said county,
at the time when ho returns his lists of taxable property,
under the like fines, penalties and forfeitures, for neglect of
any similar duties thereon, as in relation to his duties in list-
ing and returning lists of taxable pruperty.

2. It shall be the duty of the commissioners of the revenue
to prepare a list of the names of all persons assessed with
dogs within the boundaries of each voting precinct, in the
county, together with the number and sex of dogs 80 as-
sessed, and shall, within ten days after having completed the
annual lists of ratables, set up said list of dogs at each voting
precinct in said county.

3. That every dog kept or staying about any house shall
be deemed sufficient evidence of ownership to authorize the
commissioners of the revenue to return the person inhabiting
said house as the owner of such dog; and every dog not re-
turned, or if returned, and the license tax herein authorized
not paid thereon, shall be deemed to have no owner, and may
be lawfully killed by any person seeing it run at large.

4. Upon complaint of any person to a 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 to
appear before him, who shall hear and decide the case; and
if the complaint be found to be true, or if such person sum-
moned do not appear, the justice shall thereupon send a list
of said dog or dogs to the commissioner of the revenue, who
shall list said dog or dogs; und if the owner fail to pay the
license tax thereon imposed by this act, and the costs thereby
incurred, within ten days thereafter, he shall be fined two
dollars and costs—one-half to go to the informer. If, in any
case where the owner of a dog is delinquent in the payment
of a license 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 funds created by this act. And
to that end the county treasurer shall furnish the constables
of each district a list of the parties delinquent in his district,
who shall, within thirty days, discharge his duty in this be-
half; and on failure to do so, he shall be fined by the justice
of his district one dollar for each dog, and shall be responsi-
ble for any damage they may do in consequence of his neg-
lect of duty.
3. That when said commissioners of the revenue shall have
ascertained the number of dogs, they shall levy a license tax
of one dollar for each male dog, and two dollars for each
temale dog so listed, for the privilege of keeping the same,
and the sums shall be collected and accounted for by the
treasurer of said county, as county levies are by law directed
9 be collected and accounted for. And the said treasurer
shall keep a separate account of all money arising from said
tax on dogs, and the fines and penalties arising from the ex-
ecution of this act.

6. The said license tax shall be, and is hereby, appropriated
for paying any expense incurred in enforcing this act, and for
remonerating the inhabitants of said county for any loss they
may sustain from dogs (not their own) killing or crippling
their sheep, and tor paying such premiums as may be herein-
afterwards provided; and the residue, if any, shall be applied
to the support of the public free schools of said county.

7. It shall be the duty of any justice of the peace in said
county,on an application of the owner of sheep, or his agent,
which have been killed, or severely wounded by dogs (not
his own), since the commencement of this act, to issue a
simmons to three freeholders in the neighborhood, any two
of whom miay act, who, being duly sworn, shall go upon the
premises where the sheep may be, and examine into the facts
sod justice of the claim, and appraise the amount of damages
sustained by the owner—said damages not to exceed the
amount, per head, at which such sheep were rated by the
commissioner of the revenue in his assessment, and return
4 certificate of the same to said owner or his agent, and a
hke certificate to the clerk of said county, who shall receive
theeame and present it to the board of supervisors of the
rounty at their next meeting. :

8. The board of supervisors may allow out of the fund
created by this act, such premiums for killing foxes in this
county as in their judgment they shall deem best to further
the objects of this act: provided, that in no case shall more
than one dollar be paid for the scalp of each fox so killed.
They are empowered to make such changes in the premiums,
aod make such regulations for guarding against frauds on
the treasury as experience may suggest, and also for identi-
fying the dogs upon which a license tax has been paid. They
shall also order the payment of all fees and charges in en-
forcing this act. Oo premiums or certificates of damages
shall be paid until the close of each year, when if a deficiency
be found in this fund after paying all fees and charges, the
said board of supervisors shall annually apportion the fund
mtably among the owners of said certificates and premiums.

9. All payments made by the treasurer, out of the fund
created by this act, shall be on the order of the board of su-
pervisors, certified by the county clerk. 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 :ecorded by the clerk. The
fees of the officers employed in the execution of this act shall
be similar to those received for like services; and where none
are prescribed by law, the board of supervisors shall make
such proper compensation, all of which shail be paid out of
the aforesaid 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. This act shall be in force from its passage.