Chap. 123.—An ACT for the protection of sheep in the county of
. Rockbridge.

Approved March 5, 1877.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the commissioners of the revenue for
the county of Rockbridge, 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. The com-
missioners shall require the owner or householder, or head of
the family, with whom or on whose lot or plantation any
dog or dogs may be found, to make oath or afirmation as to
the number of dogs such person may own or have, or as may
be kept on his lot, plantation, 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 property: provided that the commis-
sioner shall not be required to list any dog under four months
of age. Any commissioner failing herein, shall be subject to
the same fines, penalties, and forfeitures which he would in-
cur 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 re-
turned, 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 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
shall 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 treasurer or his deputy of the
district, to kill said dog, for which he shall receive a fee of fifty
cents, out of the fund hereinafter provided; and to that end,
the commissioner 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 soto do, where
practicable, he shall be fined by any justice of the peace in
his district, seventy-five cents for each dog he so fails to kill,
and, be responsible for any damage such dog may do in con-
sequence of his neglect.

4. When said commissioners of the revenue shall have as-
certaincd the number of dogs, they shall assess a license tax
of fifty cents per bead on all male dogs, and on every bitch
or female dog one dollar shall be assessed, for the privilege
of keeping the same; and said sums so assessed shall be col-
lected 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 separate account for the fund
arising from the said tax, and the fines or penalties resulting
from the execution of this act. The said fund shall be ap-
propriated: first, to the payment of the fees, charges, and
other expenses incurred in enforcing this act; second, for
remunerating the owners of sheep in said county for any
loss they may sustain by the killing or crippling their sheep
by dogs; third, for paying such premiums as are hereinafter
provided for;,and fourth, the residue to be applied to the
payment of poor-house expenses.

5. It shall be the duty of any justice of the peace in said
county, whenever any owner of sheep or agent shall make
complaint on oath before him, that his or her sheep have been
killed or severely wounded by dogs other than his or her
own, to issue a summons to three freeholders in the neigh:
borhood, 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 com-
plaint, and appraise the amount of damages sustained by the
awner, s0 that the damages shall not exceed the appraised
value of the sheep killed or wounded, and return a certificate
of the same, under their hands, to the said owner or 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; ono dollar and fifty cents for the scalp of a red
fox; two dollars for the scalp of a wildcat; and five dollars
for the scalp of a wolf, upon satisfactory evidence to the said
board that the same were caught and killed within the limits
of the said county. They shall have discretion to order the
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 into the county
treasury, to be applied as directed in section fourth, of any
surplus which may remain of this fund. It shall be the duty
of the attorney for the commonwealth to be present and re-
present the interests of thé county, when claims under this
act are decided.
7. All claims, arising under the fifth and sixth sections of
this act, shall be audited by the board of supervisors; and all
payments shall be on the order or warrant of the board;
signed by the chairman, and certified by the clerk of the
board.

8. The treasurer shall annually, at the yearly meeting of
the board of supervisors, make a settlement with said board
ot 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 bundred and two of the Code of eighteen hundred and
seventy-three.

11. This act shall be in force from its passage.