Chap. 276.—An ACT for protection of sheep owners in Nelson district, York
county, Virginia.

Approved February 16, 1901.

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 York to
take annually, at the time of listing the taxable property therein, a list
of all dogs in Nelson magisterial district in said county, showing whether
male or female, with the name of the owner or person in whose possession
the same is found, upon the oath or affirmation of the owner or house-
keeper, 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 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 taxa-
ble property, under the like fines, penalties and forfeitures as are now in-
curred 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 in the third section of this act, it shall be the duty of the
constable of the said Nelson magisterial district to kill said dog, for
which he shall receive a fee of fifty cents out of the fund hereinafter pro-
vided, and to that end the said constable shall obtain from the county
treasurer a list of all delinquents under this act in his said district, and
shall, within thirty days after receiving such list, discharge his duty in
this behalf, and on his failure to do so, he shall pay a fine of two dollars
for each dog he so fails to kill.

3. That when said commissioner of the revenue shall have ascertained
the number of dogs, he shall assess a license tax of one dollar per head
on all male dogs, and two dollars per head on all female dogs; 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 ac-
counted 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 district for any
loss they may sustain from dogs killing or crippling their sheep, and for
paying any expenses necessary to carry this act into effect; and any bal-
ance remaining on hand for more than three years shall be appropriated
to the district ‘school fund for said district, to be used in accordance with
the laws governing the disposition of such fund.

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

5. That it shall be the duty of any justice of the peace in said district,
on application of the owner of sheep, or his agent, which have been
killed or wounded by dogs (not his own) since the passage of this act,
to issue summons to three discreet persons, who are qualified voters in
said district (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 the assessed value of
said sheep, and when said sheep 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 are killed or crippled, and said appraisers shall return
an accurate statement under their hands to a justice of said district, who,
if it appears that such sheep were killed or crippled by dogs not belong-
ing 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 the said county,
who shall receive the same and present them to the board of supervisors
at pe 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 shal] annually at the yearly meeting of the board of
supervisors, make a settlement with said board of his management of the
fund, and said settlement shall be recorded by the clerk, and all pay-
ments out of this fund shall be made within fifteen days after said yearly
meeting.

&. The fees of officers employed in the execution of this act shall be
similar to those received for like services, and when none are prescribed
oy law, the board of supervisors shall make such compensation as they
may deem right, except the commissioner of the revenue who shall re-
ceive two per centum of all taxes collected under this act, 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 nincty-three of the code of eighteen
hundred and eighty-seven, nor shall this act affect any dogs now listed,
or may hereafter be listed for taxation under an act approved March
seventh, nineteen hundred, chapter nine hundred and seventy-one of the
acts of eighteen hundred and ninety-nine and nineteen hundred.
10. This act shall be in force from its passage.