Chap. 449.—An ACT for the protection of sheep in the county of
Smyth.

Approved February 29, 1892,

1. Be it enacted by the general assembly of Virginia,
That it shall be the duty of the assessors for the county of
Smyth to take annually at the time of listing the taxable
property therein a list of all dogs over six months old,
showing whether male or female, with the name of the
owner or person in whose possession the same are found,
upon the oaths or affirmation of the owner or housekeeper
or head of the family with whom or on whose lot or plan-
tation any dog or dogs may be found, as to the number of
dogs such person may own or have, or as may be on his
lot, plantation 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 list
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 list-
ing and returning taxable property.

2. That every case where the owner of a dog fails to pay
the license-tax provided for in the third section of this
act, it shall be the duty of the constable of the district in
which said delinquent resides to kill said dog, for which
he shall receive a fee of fifty cents out of the fund herein-
after provided, and to that end the said constable shall
obtain from the county treasurer a list of all delinquents
under this act in his district, and shall, within thirty days
after receiving said list, discharge his duty in this behalf,
and on his failure so to do, when practicable, he shall pay
a fine of fifty cents for each dog he so fails to kill.

3. That when said assessors shall have ascertained the
number of dogs, they shall assess a license-tax of twenty-
five cents per head on all male dogs and all spayed female
dogs, and on every slut or female dog one dollar shall be
assessed, and said 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 shall keep a separate account of the fund
arising from said tax. The said fund shall be, and the
same is hereby, appropriated for remunerating the in-
habitants of said county for any loss they may sustain
from dogs killing or crippling their sheep, and for paying
any expense necessary to carry this act into effect: pro-
vided that if after the fund herein provided for has been
tried for one year it shall prove insufficient to pay dam-
ages sustained for sheep killed and crippled, and the nec-
essary expense to enforce this act, the board of supervis-
ors may increase the license-tax on male dogs and on
spayed female dogs to a sum not exceeding fifty cents per
head, and the fund herein provided for shall be kept ex-
clusively to pay for sheep killed or crippled by dogs, and
any balance remaining on hand for any year shall be car-
ried into the fund of the next year; and if it appear that
a surplus is accumulating from this fund, the board of
supervisors for the county shall reduce the tax on male
dogs and on spayed female dogs to a sum which, in their
judgment, seems practicable, and may, in their judgment
and discretion, in such case reduce such license-tax to a
sum less than twenty-five cents per head.

4, If it be found that the fund arising under this act for
the first year shall be insufficient to pay the whole amount
of damages inflicted by dogs on the owners of sheep in
said county, each sufferer shall be paid out of said fund
in proportion to the loss sustained.

5. That it shall he 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 passage of this act, to
issue & summons to three discreet persons who are quali-
fied voters in said county (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, such damages not to exceed fifty
cents per head, the assessed value of said sheep; and
when said sheep were not in the possession of said owner
at the time of assessment, or if in the possession, not as-
sessed, the damages shall be the assessed value of sheep
of like grade and quality in the community where such
sheep are killed or crippled, and said appraisers shall re-
turn an accurate statement of the same under their hands
to a justice, who, if it appears that such sheep were killed
or crippled by dogs not belonging to the owner of said
sheep, shall approve the said return by endorsing the
same, and shall forward all the papers to the clerk of said
county, who shall receive the same and present them to
the board of supervisors at their next meeting.

6. All the payments made by the treasurer out of funds
created by this act shall be on the order of the board of
supervisors, certified by the clerk of said board.

7. 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, and said settle-
ment shall be recorded by the clerk, and all payments out
of this fund shall be made within fifteen days after said
yearly meeting.

8. The fees of officers employed in the execution of this
act shall be similar to those received for like service, and
when none are prescribed by law the board of supervisors
shall make such compensation as they may deem right,
all of which shall be paid out of such fund.

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

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