Chap. 24.—An ACT to amend and re-enact an act approved 20th March,
1877, entitled an act for the protection of sheep in the county of Fau-
quier. :

Approved January 14, 1878.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the commissioner of the revenue for
the county of Fauquier, to take annually at the time of list-
ing the property, a list of all dogs, showing whether male or
female, with the name of the owner or person in whose pos-
session they are found. The commissioner shall require the
owner or householder, or head of the family with whom or
on whose lot, plantation or premises, 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 as may be kept
thereon; and an accurate list of such 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 personal property: provided that the commissioners
shall not be required to list any dog under four months of
age: and provided, further, that every bona fide householder
or head of a family, shall be entitled to hold exempt from
such listing and from such taxation as is hereinafter imposed,
one dog to be designated by him or her, upon making oath
or affirmation that such dog is kept and used as a honse or
guard dog, and is habitually kept on said lot, plantation, or
premises; any commissioner failing herein, shall be subject to
the same fines, penalties and forfeitures, which he would
incur under existing laws for neglect of any of his duties in
listing and returning lists of personal property.

2. The householder or head of a family upon whose lot,
plantation or premises, any dog shall be usually kept or stay,
shall be deemed the owner of any such dog, and be so listed
and taxed; but, the commissioner of the revenue shall have
authority at any time before returning said lists, to correct
any error therein which may be made to appear by satisfac-
tory evidence.

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 so listed, but which ought to have been
listed, the justice shall summon such person, and the commis-
sioner of the revenue to appear before him, and shall hear
and decide the case; and, if the complaint shall 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 twenty days
thereafter, he or she shall be fined two dollars and costs. In
any case where the owner of a dog is delinquent in the pay-
ment of the tax: on the same, or the said fine, it shall be the
duty of the constable of the district to kiJl said dog, for
which he shall receive a fee of fifty cents out of the fund
hereinafter provided; and to that end the constable shall
obtain a list from the county treasurer of all delinquents in
his district, and shall, in thirty days, discharge bis duty in
this behalf; and on his failure so to do, where practicable, he

‘shall be subject to a fine of fifty cents for each dog he so
fails to kill.

4, The board of supervisors of the county, upon the filing

, of the lists of dogs hereinbefore provided for, shall proceed

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to ascertain the amount necessary to be assessed upon said
dogs in order to meet the demands upon the fund during the
ensuing year—taking as the basis of their estimate, the
amount of losses of sheep by doys, costs, premiums, and
charges of the previous year, and assess On said taxable dogs
a tux per capita sufficient to raise said amount: provided
that the tax on female dogs shall be double that on male
dogs: and provided, further, that the tax on male dogs shall
not exceed the sum of one dollar. The treasurer shall col-
lect and account for the taxes so imposed, as county levies
are by law directed to be erllected and accounted for, and

» shall keep a separate account of the fund arising from said

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tax, and the fines or penalties resulting from the execution of
this act. The said fund shall be appropriated, first, to the
payment of the fees, charges, and other expenses incurred in
enforcing this act; secondly, fur paying such premiums as
are hereinafter provided for; and, thirdly, for remunerating
the owners of sheep in the said county for any loss they may
sustain by the killing or crippling of their sheep by dogs,
when ascertained as hereinafter provided.

5. It shall be the duty of any justice of the peace in said
county, on complaint under oath of any owner of sheep or
his agent, that his sheep have been killed or severely

’ wounded by dogs (not his own) to issue a summons to three

freeholders in the neighborhood, any two of whom may act,
who being duly eworn, shall go forthwith on the premises
where such sheep may be, examine said sheep (if practicable)
and enquire into the facts and justice of the claim, and ap-
praise the damages sustained by the owner—such appraise-
ment not to exceed the amount per head at which such sheep
were assessed by the commissioner of the revenue, or where
not assessed but acquired afterwards, not to exceed the value
of said sheep according to the opinion of said free-holders
given under oath. Said justices shall return a certificate of
the same under their bands to 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 grey fox; one dollar and fifty cents 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 said
board that the same were caught and killed within the limits
of the county; and said scalps shall be thereupon destroyed.
They shall have power to order the payment, in whole or in
part, according to the amount applicable thereto, of losses on
sheep, and of the fees, charges, and expenses aforesaid.

7. Should there remain a balance of said fund in the hands
of the treasurer after the payments aforesaid are made, the
same shall be retained by him, (and at the expiration of his
term of office turned over to his successor), and shall enter
into, and be credited to the fund of the next year. Should
the amount in any year be not sufficient to pay all the losses
of sheep for the year, it shall .be appropriated rateably
thereto.

8. It shall be the duty of the attorney for the common-
wealth to be present and represent the interests of the county
when claims under this act are decided.

9. 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.

10. 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 shall be recorded by
the clerk.

11. The fees of officers employed in the execution of this
act, shall be the same as those received for services in like
cases; and when 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.

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

13. All acts and parts of acts inconsistent with this act
are hereby repealed.

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