Chap. 103.—An ACT to amend and re-enact sections 1, 3, 4and 5,
of an act approved March 7, 1884, entitled an act for the protection
of sheep in the county of Page.

Approved February 8, 1886.

1. Be it enacted by the general assembly of Virginia, That
sections one, three, four and five, of an act approved March
seventh, eighteen hundred and eighty-four, entitled an act for
the protection of sheep in the county of Page, be amended and
re-enacted, so as to read as follows: — : ,

§ 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 Page, to tax annually, commencing with the year
eighteen hundred and eighty-six, at the time of listing the tax-
able property, a list of all dogs, male and female, with the
name of the owner or person in whose possession the same
may be found, upon the oath or affirmation of the owner or
housekeeper, or the head of the family with whom, or on whose
lot, farm or premises, any dog or dogs may be found, as to the
number of dogs such person may own or have, or may be
found upon his or her lot, farm or premises, whether owned by
him or her or not, and shall return such list of dogs to the
clerk’s office of said county, at the time when he returns his
lists of taxable property, under the like fines, penalties and for-
feitures as are now incurred by him for neglect of any similar
duties under existing laws as to his duties in listing and return-
ing lists of taxable property.

§ 3. Upon complaint of any person to a justice of the peace
of said county that there is a dog that is not listed staying
about the premises of any person, the justice shall summon
such person and the commissioner of the revenue to appear
before him, and give evidence as to the listing and ownership
of such dog, and if it appear that the person charged with the
ownership of such dog is the owner thereof, and has failed to
list the same as required by this act, the commissioner of the
revenue of said county shall thereupon list such dog, and if the
owner fail to pay the tax thereon, and the cost hereby incurred,
within ten days thereafter, he shall be fined the sum of one dol-
lar and costs of such proceedings; and in any case where the
owner of the dog is delinquent in payment of the tax on the
same, or any fine arising from 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 one dollar out of the funds herein-
after provided, (and to that end the county treasurer of said
county shall furnish each constable in said county a list of all
delinquents under this act, ) and shall in thirty days discharge
his duty in this behalf; and on failure so to do, when practica-
ble, he shall be fined, by any justice of the peace in his dis-
trict, one dollar for each dog he so fails to kill, and be respon.
sible for any damage such dog or dogs may do in consequence
of his neglect. :

$4. When said commissioner of the revenue shall have as-
certained the number of dogs, he shall assess a license tax of
fifty cents per head on all male dogs, and one dollar per head
on all female dogs, and the 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 of said county shall keep a separate account for the
fund arising from the said tax, and the fines and penalties aris-
ing from the execution of the said act. The said fund shall be
appropriated, first, to the payment of the fees, charges, and
other expenses incurred in enforcing this act; secondly, for re-
munerating the owners of sheep in said county for any loss
they may sustain in the killing or crippling of their sheep by dogs;
thirdly, for the payment of such premiums as are hereinafter
provided for; fourthly, the residue, if any, to be applied to the
support of the public schools of the county; such residue to be
divided among the several school districts of the county in pro-
portion to the funds received from each for the same purpose,
and to be used by the boards of public school trustees of such
districts solely for the purpose of employing and paying teachers
in said schools as is now done with the county levy for the
same purpose. |

§ 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 se-
verely wounded by dogs, to hear evidence as to the number of
sheep killed or severely wounded, and as to the amount of dam-
ages sustained. Inno case, however, shall the amount allowed
exceed the assessed value thereof. The justice hearing the
case shall return to the owner of the sheep killed or severely
wounded, a certificate, under his hand, setting forth the dam-
ages sustained, and a like certificate to the clerk of the county
court of said county, who shall present it to the board of su-
pervisors at their next meeting; and for such proceeding the
justice shall be paid, by said owner or agent, fifty cents, to be
added to the damage done the sheep; or if the sheep so killed
or severely wounded were not listed by the commissioner of
the revenue for the said county at the last assessment preceding
the killing or severely wounding of the same, then the justice
applied to shall issue a summons to three disinterested free-
holders 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 claim, and appraise the amount of damages sustained by
the owner, and return a certificate of the same, under their
hands, to the said owner or his agent, and a like certificate to
the clerk of the county court of said county, who shall present
it to the board of supervisors at their next meeting; and for
such proceeding the said appraisers (those acting) shall each
be paid fifty cents by said owner or agent, to be added to the
damage done to the sheep.

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