CHAP. 21.—An ACT to amend and re-enact chapter 81 of the acts of the
general assembly of 1874, entitled, an act for the protection of shee
in the counties of Clarke, Frederick and Charlotte, approved Ma
6, 1874, as amended and re-enacted by an act to amend and re-enact
sections 3, 5 and 6, of an act for the protection of sheep in the counties
of Clarke, Frederick and Charlotte, approved March 6, 1874, as to
the county of Frederick, approved March 4, 1892, in so far only as
said act applies to the county of Frederick. (H. B. 15.)

Approved February 9, 1916.

1. Be it enacted by the general assembly of Virginia, That
chgpter eighty-one of the acts of the general assembly of eigh-
teen hundred and seventy-four, entitled an act for the protec-
tion of sheep in the counties of Clarke, Frederick and Charlotte,
approved March sixth, eighteen hundred and seventy-four, as
amended and re-enacted by an act to amend and re-enact sec-
tions three, five and six of said chapter, approved on March
fourth, eighteen hundred and ninety-two, so far as said act ap-
plies to Frederick county, be amended and re-enacted so as to
read as follows:

That it shall be the duty of the commissioners of the reve-
nue for the counties of Clarke, Frederick and Charlotte, re-
spectively, to take annually, at the time of listing the taxable
property therein, a list of all dogs, male and female, with the
name of the owner or person in whose possession the same are
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 such
person may own or have, or as may be upon his or her lot, plan-
tation or premises, whether owned by him or her or not, and
shall return such list of dogs to the clerk’s office of said counties,
respectively, at the time when he returns his lists of taxable
property, under the like fines, penalties, and forfeitures as are
now incurred by him for neglect of any similar duties under
existing laws as to his duties in listing and returning lists of
taxable property.

2. That every dog kept or staying about any house shall be
deemed sufficient evidence of ownership to authorize the asses-
sor to return the person inhabiting said house as the owner of
such dog; and every dog not returned, or if returned and the
tax be not paid thereon, shall be deemed to have no owner, and
may be lawfully killed by any person seeing him run at large.

3. Upon complaint of any person to the justice of the peace
that there is a dog staying about the premises of any person
that is not listed, the justice shall summon such person and the
commissioner of the revenue for the district, to appear before
him and give evidence as to the listing of such dog, and he shall
hear and decide the case, and if the complaint be found to be
true, and the person so charged shall fail to pay the tax thereon,
and the costs hereby incurred, he shall be fined the sum of one
dollar and costs; and in addition the justice shall order the con-
stable to kill said dog. The fees allowed under this section shall
be those allowed by law, and the constable shall receive the fine
imposed as his fee for killing the dog. The treasurer of the
county shall annually make out and present at the June sitting
of the board of supervisors his delinquent list, and he shall,
within thirty days after said list has been approved by the court,
make off copies of said list, setting forth the names of the owners
of the dogs in each magisterial district in his county who have
been returned delinquent for the non-payment of the tax thereon,
and the number of dogs charged to each delinquent; and he shall
eause one of said copies to be delivered to the constable of each
district, and said justice shall issue a warrant to the constable,
commanding him to kill the dogs set forth as delinquent in said
list. The constable shall, without unnecessary delay, proceed to
discharge his duties in this behalf; but before killing any dog,
if the amount of tax and cost hereby incurred (including a fee
of fifty cents to the constable) be tendered to him, he shall give
his receipt for the amount and shall not kill said dog. The con-
stable shall make return to the justice within sixty days of the
manner in which he has executed said warrant, specifying how
many dogs he has killed, and to whom they were charged, and
the amount of tax collected by him, and from whom, and the
justice shall forthwith certify to the board of supervisors of his
county the amount of taxes collected by said constable, and from
whom collected, and the constable shall pay over to the county
treasurer the amount and take his receipt therefor. The con-
stable shall receive for each dog killed the sum of one dollar out
of the funds created by this act, to be paid by the county treas-
urer upon a warrant issued by the board of supervisors; and
for a failure to kill any dog when practicable, which he has been
ordered to kill, he shall be fined the sum of five dollars by any
justice in his district.
_ 4. The board of supervisors of each of the aforesaid coun-
ties may allow out of the funds received from the tax imposed
by this act, rewards for killing, in either of said counties,
panthers, wolves, foxes and wildcats, fix or alter the amount
of such rewards, make regulations for establishing the right
thereto, and for guarding against frauds upon the county, and
alter or rescind such regulations; provided, however, the fee for
culling a red fox shall not be less than the tax imposed upon a

og.

5. When the commissioners of the revenue shall have ascer-
tained the number of dogs, they shall assess as a license tax for
keeping dogs the sum of seventy-five cents for each dog so as-
sessed, and said sum shall be collected and accounted for by the
treasurers of said counties as county levies are by law directed
to be collected and accounted for; and said treasurers shall keep
a separate account of money: arising from said tax on dogs in
their respective counties, and said money, after deducting de-
linquents and commissions, shall be, and is hereby appropri-
ated—first, to the payment of the fees, charges and other ex-
penses incurred in enforcing this act; secondly, to pay for the
destruction of panthers, wolves, foxes and wildcats; thirdly, for
remunerating the inhabitants of said counties for any loss they
may sustain in sheep being killed by a dog or dogs; provided,
however, that the remuneration for said loss shall not exceed
an amount for each sheep in excess of fifty per centum above
the last assessed value thereof, and if the sheep have not been
assessed, then the amount allowed shall not exceed an amount
exceeding fifty per centum above the average last assessed valua-
tion of sheep in the magisterial district in which said loss occurs.

6. That when any inhabitant of either of said counties afore-
said shall have’ any sheep killed by a dog or dogs, he or she may
apply for appraisers as hereinafter provided for by this act, and
they, or any two of them, are hereby authorized and required
to view and ascertain the damages sustained by the owners of
sheep killed as aforesaid; and when they have ascertained the
legality of the claim, and the damages so sustained, they, or any
two of them, having first been sworn, shall certify the same,
under their hands and seals, to the clerk of the board of super-
visors, who shall receive said certificate and give a receipt for
same, and the said clerk shall present the same at the next
meeting of the board of supervisors of said county, and if the
same shall be approved by said board, a warrant shall be drawn
upon the treasurer of the county who shall pay the said war-
rant out of the funds provided by this act. If on the first day
of July of each year, after settling the yearly accounts, fees,
damages and commissions due the county treasurer, there shall
be an overplus of said tax, then said overplus of tax on hand in
excess of four hundred dollars, shall be turned over by said
county treasurer to the general road fund of the county, to be
used by the board of supervisors as it may deem proper. The
office of commissioner under the original act is hereby abolished,
and the present commissioner of Frederick county shall forth-
with pay over to the treasurer of Frederick county all dog tax
funds now in his hands. The said treasurer shall receive said
funds and hold the same as other county funds subject to the
order, or orders, of the board of supervisors of Frederick county
made in accordance with the provisions of this act.

7. That it shall be the duty of the justice of the peace in
said counties, upon the application of owners of sheep which
have been killed by dogs since the passage of this act, to issue
a summons to three discreet householders in the neighborhood
to appear forthwith on the premises where such sheep may be,
and after being first duly qualified, they, or any two of them,
shall proceed to ascertain and appraise the true value of said
sheep, and return a statement of the same, under their hands
and seals, to the clerk of the board of supervisors and to the
owner.

8. That the board of supervisors of the county of Frederick
shall receive and receipt for all certificates for damages under
this act, file the same, and upon their approval by the board of
supervisors of said county, a warrant shall be issued for the
payment of the same.

9. That the assessor and treasurer shall each receive a like
commission for their services on this behalf as is now allowed
by law for similar services.

10. This act shall not affect sections five and six of chapter
one hundred and two of the Code of eighteen hundred and sev-
enty-three.