Chap. 609.—An ACT for the protection of sheep in the county of Fluvanna.

Approved March 8, 1894.

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
Fluvanna to take annually at the time of listing the property a list
of all dogs, showing whether males or females, with the name of the
owner or the 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 pr 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 commission-
ers return their list of personal property: provided that the com-
missioners shall not be required to list any dog under four months
of age. Any commissioner 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 list of
personal property.

2. The householder or head of a family upon whose lot, planta-
tion or premises any dog shal! be usually kept or stay shall be deemed
the owner of any such dog, and be so listed and taxed, but the com-
missioner of the revenue shall have authority at any time before re-
turning said lists to correct any error therein which shall be made
to appear by satisfactory evidence.

8. 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
summons such person and the commissioner of 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 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 constable of the said dis-
trict to kill said dog, for which he shal] receive affee of fifty cents out
of the fund hereinafter provided, and to this end the constable shall
obtain a list 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
liste 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 4
tax per capita sufficient to raise said amount;, provided that the
tax on female dogs shall be double that on male dogs: and pro.
vided, further, that the tax on male dogs shall not exceed 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 enforcing 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 herein 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 has been killed or severely wounded by dogs (not his own), to
issue & summons to three freeholders in the neighborhood, any two of
whom may act, who, being duly sworn, shall go forthwith on the prem-
ises where such sheep may be, examine such sheep (if practicable), and
inquire into the facts and justice of the claim, and appraise the dam-
ages sustained by the owner, such appraisement not to exceed the
amount per head at which such sheep were assessed by the commis-
sioner of revenue, or where not assessed but acquired afterwards, not
to exceed the value of said sheep according to the opinion of said free-
holders given under oath. Such 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 meeting, and the said board of su-
pervisors shall have power to order the payment in whole or in part,
according to the amount applicable thereto, or 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 returned 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 suffi-
cient to pay all 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 interest of the county when claims un-
der 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 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 manage-
ment 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 dang e
11. 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.

12. Nor shall it be operative until it has been submitted to the
qualified voters of said county at some regular election, to be desig-
nated by the county court of said county, on petition of fifty quali-
fied voters of said county and been ratified by a majority of said
qualified voters at said election.