Chap. 498.—An ACT for the protection of sheep in the county of Rockbridge.

Approved March 1, 1894.

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
Rockbridge 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 the person in whose possession they are found. The
commissioner 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 lists 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 affirma-
tion that such dog is kept and used as a house or guard dog and is
habitually kept on said lot, plantation or premises. Any commis-
sioner failing herein shall be subject to the same fine, 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 stay shall be deemed
the owner of any such dog and be so listed and taxed; but the com-
missioners of the revenue shall have authority at any time before re-
turning 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 premises of any person that
is not so listed, but which ought to have been listed, the justice shall
summon such person and the commissionerof the revenue to appear
before him, and shall hear and decide the case; and if the complaint
shall be found to be true, the commissioner shall thereupon list said
dog, and if the owner shall fail to pay the tax imposed by the next
section, and the cost of such complaint, within twenty days there-
after, 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 constable of the
district 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 con-
stable shall obtain a list from the county treasurer of all delinquents
10 his district, and shall in thirty days discharge his duty in this be-
half, and on his failure so to do, where practicable, he shall be sub-
ject 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 year, taking as the
basis of their estimate the amount of losses of sheep by dogs, costs
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: and
provided, further, that for the current year there shall be levied on
each male dog so listed a tax of fifty cents, and on each female dog
a tax of one dollar. The treasurer shall collect and account for the
taxes so imposed as county levies are by law directed to be collected
and accounted 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 en-
forcing this act; and, secondly, 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 hereinafter
provided.

5. 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 severely wounded by dogs (not his own),
to issue a summons to three freeholders in the neighborhood, any two
of whom may act, who, being duly sworn, shall go forthwith on the
premises where such sheep may be, examine such sheep (if practica-
ble) and inquire into the facts and justice of the claim, and appraise
the damages sustained by the owner, such appraisement not to ex-
ceed the amount per head at which such sheep were assessed by the
commissioner of the revenue, or where not assessed, but acquired
afterwards, not to exceed the value of said sheep according to the
opinion of said freeholders given under oath. Said justice shall re-
turn 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 meeting;
and said board of supervisors shall have power to order the pay-
ment, 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 expiration 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 sufficient
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 commonwealth 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 thie act shall be
audited by the board of supervisors, and all payments shall be on
the order or warrant of the board, signed by the chairman and certi-
fied 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 recorded 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 aforesaid fund.

“11. This act shall not affect sections twenty-one hundred and
ninety-two and twenty-one hundred and ninety-three of the code of
2ighteen hundred and eighty-seven.

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