CHAP. 446.—An ACT to amend and re-enact chapter 24, acts of

assembly 1877-78, entitled an act to amend and re-enact an act

approved March "20, 1887, entitled an act for the protection of
eep in the county of Fauquier.

Approved March 3, 1890.

1. Be it enacted by the general assembly of Virginia,
That chapter twenty-four of acts of assembly, eighteen
hundred and seventy-seven and eighteen hundred and
seventy-eight, be amended and re-enacted to read as fol-
lows:

§1. Be it enacted by the general assembly of Virginia,
That it shall be the duty of the commissioners of the
revenue for the county of Fauquier to take annually, at
the time of listing the property, a list of all dogs, showing
whether male or female, with the name of the owner or
person in whose possession they are found. The commis-
sioner 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 house
or guard dog, and is habitually kept on said lot, planta-
tion, 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

97
stay, shall be deemed the owner of any such dog, and he
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 satisfactory evidence.

$3. Upon complaint of any person to a justice of the
peace that there is a dog kept or staying about the premi-
sea of any person that is not so 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 com-
plaint shall be found to be true, the commissioner shal]
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 payment of tax on the
same, or the said fine, it shall be the duty of the consta-
ble of the district to kill said dog, for which he shal] re-
ceive a fee of fifty cents out of the fund hereinafter pro-
vided; and to that end the constable shall obtain a hist
from the county treasurer of all delinquents in his dis-
trict, and shall in thirty days discharge his 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 to ascertain the amount necessary to be assessed
upon said dogs in order to meet the demands upon the
fund during the ensuing vear, taking as the basis of their
estimate the amount of losses of sheep by dogs, costs, pre-
miums, and charges of the previous year, and assess on
said taxable dogs a tax 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 one dollar. The trea-
surer shall collect and account for the taxes so imposed as
county levies are by law directed to be collected and ac-
counted for, and shall keep a separate account of 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 payment of the fees, charges, and
other expenses incurred in enforcing this act, and, sec-
ondly, 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 here-
inafter provided.

85. 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 se-
verely wounded by dogs (not his own), to issue a sum.
mons to three freeholders in the neighborhood, any two ot!
whom may act, who, being duly sworn, shall go forthwith
on the premises where such sheep may be, examine such
sheep (if practicable), and inquire into the facta and jus-
tice of the claim, and appraise the damages sustained by
the owner, such appraisement not to exceed the amount
per head at which such sheep were assessed by the com-
missioner of the revenue, or where not assessed, but ac-
quired afterwards, not to exceed the value of said sheep
according to the opinion of said freeholders given under
oath. Said justice shall return a certificate of the same
under his hand to the 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 meet-
ing, and said board of supervisors shall have power to
order the payment, in whole or in part, according to the
amount applicable thereto, of losses on sheep, and of fees,
charges, and expenses aforesaid.

§6. 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 expi-
ration 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 suffi-
cient to pay all the losses of sheep for the year, it shall
be appropriated ratably thereto.

§7. 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.

§8. All claims arising under the fifth section of this act
shall be audited by the board of supervisors, and all pay-
ments shall be on the order or warrant of the board, signed
by the chairman and certified. by the clerk of the board.

§9 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 re-
corded by the clerk.

§10. The fees of officers employed in the execution of
this act shall be the same as those received for services
in like 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 afore-
said fund.

§11. This act shall not affect sections twenty-one hun-
dred and ninety-two and twenty-one hundred and ninety-
three of the code of eighteen hundred and eighty-seven.

- $12. All acts and parts of acts inconsistent with this
act are hereby repealed.

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