CHAP. 89.—An ACT for the protection of sheep | in the county of
Bediord.

Approved February 8, 1879.

1. Be it enacted by the general assembly of Virginia, Theat
it shall be the duty of the commissioners of the revenue for the
county of Bedford to take annually, at the time of listing the
taxable property therein, a iist of all dogs, showing whether
male or female, with the name of the owner or person in whose
possession the same are found. The commissioners shall re-
quire the owner or housekeeper, 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 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 b@ 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 pro-
perty: provided, that each housekeeper or family shall be
entitled to hold one dog, which shall not be listed, and shall
be free from tax: and provided, also, that any dog under four
months of age shall not be listed. Any commissioner failing
herein shall “be subject to the same fines, penalties, and for-
feitures which he would incur under existing laws for the
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 com-
missioner to return the person occupying said house as the
owner of such dog; and any 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 see-
ing him run at large.

3. Upon complaint of any person to a justice of the peace
that there is a dog kept or stayiug 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 decide
the case; and if the complaint be foun to be true, the com-
missioner shall thereupon list said dog; and if the owner fail
to pay the tax imposed by the next section, and the costs of
such complaint within t:n 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 constable of the district to kill said dog, for which
he shall receive a fee of one dollar out of the fund hereinafter
provided ; and to that end the constable shail obtain a list from
the county treasurer of all delinquents in his district, and shall
in thirty days discharge his duty in this behalf; and on failure
so to do, when practicable, he shall be fined by any justice of
the peace in his district one dollar for each dog he so fails to
kill, and be responsible for any damage such dog or dogs may
do in consequence of his neglect,

4. When said commissioner of the revenye shall have ascer-
tained the number of dogs, they shall assess a license tax of
one dollar per head on all male dogs and spayed bitches, and
on every slut two dollars 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 and penalties resulting
from the execution of this act. The said fund shall be appro-
priated: first, to the payment of the fees, charges and other
expenses incurred in enforcing this act ; secondly, for remuner-
ating the owners of sheep in said county for any loss they may
gustain in the killing or crippling their sheep by dogs; thirdly,
for paying such premiums as are hereinafter provided for; and
fourthly, the residue, if any, to be applied to the support of
the free schools of the county.

5. It shall be the duty of any justice of the peace in said
county, whenever any owner of sheep or his agent shall make
a declaration before him that his sheep have been killed or
severely wounded by dogs, to hear evidence as to the number
of sheep killed or severely wounded, and as to the amount of
damages sistained; in no case, however, shall the amount
allowed exceed the assessed value thereof. The justice hear-
ing the case shall return to the owner of the sheep killed or
severely wounded a certificate, under his hand, setting forth
the damage sustained, 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 seventy-five cents for the
scalp of a gray fox, one dollar for the scalp of a red fox, and
one dollar for the scalp of a wild cat, upon satisfactory evi-
dence that the same were killed within the limits of the county,
and that the scalps on which premiums are claimed have been
destroyed. They shall have discretion to order the payment,
in whole or in part, of the claims for damages to sheep and
premiums on scalps 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 en-
forcing this act, and they shall also order the payment to the
county school board of any surplus which may remain of this
fund. Jt 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.

"7, All payments made by the treasurer of funds created by
this act, shall be on the order of the board of supervisors, cer-
tified by the county clerk.

8, 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 recorded
by the clerk.

9. The fees of officers employed in the execution of this act
shall be similar to those reeeived for like services in other
eases; and when none are provided by law, the board of super-
visors 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 hundred and two of the Code of eighteen hundred and
seventy-three.

11. All acts and parts of acts in conflict with this act, per-
taining to Bedford county, are hereby repealed,

12, This act shall be in ferce from its passage.