Chap. 169.—An ACT to protect sheep and other stock in the counties of Acco-
mac and Northampton.

Approved February 7, 18%.

1. Be it enacted by the general assembly of Virginia, That it shall
be the duty of the assessors for the counties of Accomac and North-
ampton to take annually, at the time of listing the taxable property
therein, a list of all dogs over three months old, showing whether
male or female, with the name of the owner or person in whose pos-
session the same is found, upon the oath or affirmation of the owner
or housekeeper, or head of the family, with whom or on whose lot or
plantation any dog or dogs may be found, as to the number of dogs
Ruch 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 their respective counties at
the time when he returns his list of taxable property, under the like
fines, penalties and- forfeiture as are now ineurred,,.by him for
neglect of any similar duties under existing laws as to his duties in
listing and returning taxable property.

2. That every case where the owner of the 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 hereinafter provided, and to that end the said con-
stable shall obtain from the county treasurer a list of all delinquents
under this act in his district, and shall, within thirty days after
receiving such 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 fifty 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 the 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 inhabitants of said counties for any loss they
may sustain from dogs killing or crippling their sheep or any other
stock, and for paying any expense necessary to carry this act into
effect; and any balance remaining on hand for any year shall be ap-
propriated to the county school fund of public schools, to be used in
accordance with the laws governing the disposition of such fund.

4. If it be found that the fund arising under this act for any year
shall be insufficient to pay the whole amount of damages inflicted
by dogs on the owners of sheep or other stock property, in either of
said counties, each sufferer shall be paid out of said fund in propor-
tion to the loss sustained.

5. That it shall be the duty of any justice of the peace in said
counties, on an application of the owner of sheep or other stock, or
his agent, which have been killed or wounded by dogs (not his own)
since the passage of this act, to issue a summons to three discreet
persons, who are qualified voters in either of said counties (two of
whom may act), who, being legally sworn, shall go forthwith on the
premises where such sheep or other stock may be and examine into
the facts and justice of the claim, and appraise the amount of dam-
ages sustained by the owner; such damages not to exceed the assessed
value of said sheep or other stock, and when said sheep or other
stock were not in possession of said owner at the time of assessment,
or if in possession not assessed, the damage shall be the assessed
value of sheep of like grade and quality in the community. Where
such sheep or stock are killed or crippled, and said appraisers shall
return an accurate statement under their hands to a justice, who, if
it appears that such sheep or other stock were killed or crippled by
dogs not belonging to the owner of said sheep or other stock, shall
approve the said return by endorsing the same, and shall forward
all the papers to the clerk of his respective county, who shall receive
the same and present them to the board of supervisors at their next
meeting. a
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 manage-
ment of this fund, and said settlement 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 pre-
scribed by law, the board of supervisors shall make such compensa-
tion as they may deem right, all of which shall be paid out of such

und.

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. Provided, however, the provisions of this act shall not apply
to the town of Onancock, in Accomac, nor the town of Cape Charles,
in Northampton.

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