Chap. 25.—An ACT to amend and re-enact an act entitled an act for the
protection of sheep in the county of Fairfax, approved February
26th, 1877.

. Approved January 14, 1878.

1. Be it enacted by the general assembly, That an act en-
titled an act for the protection of sheep in the county of
Fairfax, approved February twenty-sixth, eighteen hundred
and geventy- -seven, be amended and re-enacted so as to read
as follows:

§1. It shall be the duty of the commissioners of the reve-
nue 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
i

or affirmation 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, as to the number and sex of dogs such
person may own or have, or be upon bis or her lot, planta-
tion 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 he returns his lists of taxable prop-
erty, under the like fines, penalties, and forfeitures for ne-

gilect of any similar duties thereon, as in relation to his duties

in listing and returning lists of taxable property.
§ 2. It shall be the duty of the commissioners of the rev-
enue 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 so as-
sessed, and shall within ten daysafter having completed the an-
nual lists of ratables, set up said list of dogs at each voting pre-
cinct 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 sceing it run at large: pro-
vided, however, that any person who wantonly kills any dog
upon the public highways, or on the premises of the owner
of said dog, upon whom the license tax provided for in this
act shall have been assessed and paid, or shall take or carry
away said dog, shall be deemed guilty of a misdemeanor, and
shall pay a find of not less than five nor more than twenty-
five dollars, to be recorded before any justice of the peace in
said county as other fines and penalties are recovered. The
said fine, after paying the cost of its collection, shall go to
the owner of said dog.

§ 4. Upon complaint of any person to a justice of the peace
that there is a dog staying upon 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,
it 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; and, 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, cr any fine arising from a non-

compliance with this act, it shall be the duty of the consta-
ble of the district to kill said dog; for which he shall receive
a fee of one dollar out of the funds created by thisact. 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
behalf; and, on failure so to do, he shall be fined by the jus-
tice of his district, one dollar for each dog, and shall be res-
ponsible for any damage they may do in eanseqnenes of his
neglect of duty.

§5. That when said commissioners of the revenue shall
have ascertained the number of days, they shall, for the year
eighteen hundred and seventy-eight, levy a license tax of
fifty cents on each dog so listed. After the said year, it shall
be the duty of the board of supervisors at its annual meeting
for the purpose of laying the county levy, to ascertain the
probable amount of damage that will be done to sheep by
dogs during the ensuing year; the probable number of dogs
that will be delinquent for said year; the cost of assessing,
collecting, and disbursing said license tax, and any other
charges therewith connected, and shall ascertain therefrom
the amount of license tax necessary to be levied on all the
dogs to be listed in the county of Fairtax to pay said dama-
ges and charges, but in no event shall said license tax exceed
one dollar on each dog so assessed,-for the privilege of keep-
ing the same, and tbe sums shall be collected and accounted
for by the treasurer of said county, as county levies are by
law directed to 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 execution of this act.

§ 6. The said license tax shall be, and is hereby appropria-
ted for paying any expenses incurred in enforcing this act,
and for remunerating the inhabitants of said county for any
loss they may sustain from dogs (not their own) killing or
crippling their sheep, and ror paying such premiums as may
be hereinafterwards 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 sum-
mons to three freeholders in the neighborhood, any two of
whom may act, who, being duly sworn, shall go upon the
premises where the sheep may be, and examine into the facts
and justice of the claim; and, if they find there has been no
fraud practiced or intended, and that the sheep have really
been killed or maimed by dogs not belonging to the owner
(or his agent) of the sheep, they shall 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 a certificate of the same to said owner or his agent,
and a like certificate to the clerk of said county, who shall
receive the same and present it. to the board of supervisors
of the county at their next meeting. But if the appraiser
appoiated under this act, shall find that there has been any
attempt at fraud on the part of the owner (or agent) of said
sheep, either by wantonly failing to protect said sheep from
dogs other than his own, or by so tearing or mutilating sheep,
which have died from other causes, as to make it appear that
they have been killed by dogs, other than the owner’s own,
the appraisers shall report the fact, together with the evi-
dence, to the justice of the peace from whom the summons
was received, and it shall be his duty to have tbe party
arrested and brought before him, or some other justice in
and for the said county, who shall forthwith proceed to try
said party, and if found guilty, shall assess a fine against
said party of not less than ten dollars nor more than fift
dollars, to be collected as other fines are; which fine shall,
after the payment of legitimate charges, go to the fund cre-
vated by this act. 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 tho object of this act: previded, that in no
case shall more than one dollar be paid for the scalp of each
fox so killed, and that the party presenting said scalp shall
make oath that the fox from which it was taken was killed
by dog or dogs (owned by himself) within the limits of Fair-
fax county. They are empowered to make such changes in
the premiums, and make such regulations for guarding
against frauds on the treasury, as experience may suggest,
and also for identifying the dogs upon which a license tax
has been paid. They shall also order the payment of all fees
and charges in enforcing this act. No premiums or certifi-
cates of damages shall be paid until the close of each year,
when, if a deticiency be found in this fund after paying all
fees and charges, the said board of supervisors shall annually
apportion the fund ratably among the owners of said certifi-
cates and premiums.

§9. Ali payments made by the treasurer, out of the fund
created by this act, shall be on the order of the board of
‘supervisors, certified by the county clerk. The treasurer
shall annually, at the yearly meeting of the board of super-
visors, make a settlement with said board of his management
of this fund, which settlement shall be recorded 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 when
none are prescribed by law, the board of supervisors shall
make such proper compensation—all of which shall be paid
out of the aforesaid fund.

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

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