Chap. 156.—An ACT for the protection of sheep in the county of
Rockbridge.

Approved March 6, 1878.

1. Beit 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 ox 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 affirmation as to
the number of dogs such person may own or have, or a3 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 be would
incur under existing laws for neglect of any of his duties in
listing and returning lists of taxable property.

2. Every dog staying or kept about any house shall be
deemed sufficient evidence of ownership to authorize the
commissioner to return the person occupying the said house
as the owner of said 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 isa dog kept or staying about the premises of
any person that is not listed, but which ought to bave been
listed, the justice shall summon such person and the com-
missioner of the revenue to appear before him, and shall hear
and decide the case; and, if the complaint be found to be
true, the commissioner shall thereupon list suid dog; and if
the owner shall fail to pay the tax imposed by the next sec-
tion, and the costs of such complaint within ten days there-
after, he or she shall be fined two dollars and costs. Ia 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-com-
pliance with this act, it shall be the duty of the treasurer
(or his deputy) of the district to kill said dog, for which he
Bhall receive a fee of fifty cents ont of the fund hereinalter
provided; and to that end the commissioner shall obtain a
list from tho connty 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, be shall
be fined by any justice of the peace in hia district, seventy-
five cents for each dog he so fails to kill, and be responsible
for any damage such dog may do in consequence of his
neglect.

4. When said commissioners of the revenuo shall have
ascertained the number of dogs, they shall assess a license
tax of fifty cents per head on all male dogs, and on every
bitch or female dog one dollar shall be assessed for the privi-
lege of keeping the eame: provided that each housekeeper
or head of ‘a family shall be entitled to hold one male dog,
which shall not be listed, and shall be free from tax; 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 separate account for the fund arising from said tax, and
the fines or penalties resulting from the execution of this
act. The said fund shall be appropriated, first, to the pay-
ment of the fees, charges, and other expenses incurred in
enforcing this act; second, for re;mnunerating 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
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 com-
plaint, and appraise the amount of damages sustained by the
owner, so that the damages shall not exceed the appraised
value of the skeep 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
meetirg. |

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 ceuts for the scalp of a red
fox, two dollars for the scalp of a wild cat, 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 courty. They sball 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 vach 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
represent the interests of the 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 tbe 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 u settlement with the 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 chap-
ter one hundred and two of the Code of eighteen hundred
and seventy-three.

11. This act shall be in force when ratified by a majority
of the votes cast in said county at the first general election
after its passage, as hereinafter provided.

12. It shall be the duty of the officers conducting the elec-
tions in the county aforesaid, at the time and places of hold-
ing the first general election after the passage of this act, to
prepare &@ separate ballot-box for the several voting pre-
cincts, in which shall be deposited the ballots of the then
qualified voters who may desire to vote upon the question of
the adoption or rejection of this act. The ballots shall be,
respectively, as fullows: “For the dog law;” “ Against the
dog law”: provided that notice shall be given by the sheriff's
posting the time and places of voting on the front door of the
courthouse, and at the several voting places in the said dis-
tricts, fifteen days before the day of election.

13. The manner of receiving and canvassing the ballots at
such election on said question, and making return and ab-
atract thereof, shall conform in all respects to the require-
ment of the general election law of the state, except that the
certificate of the judges shall be as follows:

We bereby certify, that at the election held ———, ———
votes were cast for the dog law, and —— votes were cast
against the dog law.

o b Clerks,

KF. F.,
G. H., > Judges.
I. J.,