Chap. 390.—An ACT to prevent damage and injuries by dogs, and to provide
compensation to owners of stock so injured; to provide for license on
dogs, and to provide for penalties for violation thereof. {H B 107]

Approved March 20, 1918.

1. Be it enacted by the general assembly of Virginia, That it
shall be the duty of every person owning or having under his
control or on his premises any dog over six months of age to list
the same forthwith with the commissioner of revenue of the county,
city or town wherein he resides, for taxation, and to pay on or
before the first day of February of each year a license tax on
such dog as hereinafter provided, or in event such dog shall be-
come six months of age or come into the possession of any person
at any time after the first of February, such license shall be paid
forthwith. All dog licenses shall run from the first day of Feb-
ruary to the thirty-first day of the following January.

2. Every dog above six months of age shall be liable to a
license tax as follows, viz., on all male dogs and spayed females,
one dollar; on all unspayed females, three dollars; said tax to
be in lieu of all other taxes at present imposed by State and local
county laws, which license tax shall be paid to the treasurer of the
county, city or town wherein. the owner of the dog or such person
as may have him under control may reside, or any person may
pay a kennel tax of ten dollars, which shall entitle him to keep
therein not more than twelve dogs belonging to himself, or in
training for others or fifteen dollars which shall entitle him to
keep therein as many dogs, belonging to himself, or in training
for others as he may desire; the treasurer of the counties and cities
shall not receive more for handling the funds arising from the
taxes imposed by this act than they receive for handling other
county funds nor shall the commissioners of the revenue receive
more than fifteen cents for listing each dog, but neither the treasurer
nor the commissioners of the revenue shall receive compensation
for their services, in issuing license and tags herein provided for,
such kennel dogs to be at all times kept confined, unless accom-
panied by the owner or his agent, or in case of fox and deer hounds
when in chase or returning home from chase. Upon payment of
such tax the person paying same shall be entitled to receive a receipt
card therefor, and a metal license tax with the year for which the
license is paid. the county or city or town issuing same, and the
serial number of the license stamped thereon, which tag shall be
a different shape for each year, and to be of a design adopted by
the commissioner of game and inland fisheries, and used over the
entire State during the same year. When the tag is issued the
treasurer shall record the name of the owner of the dog, with the
number of the license tag. Tags to be furnished by the board of
supervisors and paid for out of the funds derived from dog licenses
and to be attached to a substantial collar to be furnished by the
owner of the dog and worn at all times. If any such tag
should be lost, the owner of the dog shall pay to the treasurer
twenty-five cents for a new tag. It shall be the duty of the county,
city or town game wardens, on the first day of July, or as soon
thereafter as practicable, to obtain from the treasurer of said county,
city or town a list of all the dogs in his county, city or the towns
in his county on which the license has not been paid, and the
warden shall immediately apply to a justice of the peace for a
warrant against the party or parties whose names have been fur-
nished by the treasurer, and if such party or parties be convicted,
he or they shall pay a fine and costs, as herein provided, and unless
such fine and costs, as well as such tax, be forthwith paid, such dog
shall be killed by the game warden or the officer serving said
warrant.

3. It shall be unlawful for any person to permit any dog to
run at large during the night time unless such dog be muzzled,
or in the immediate use and control of his owner or custodian, or
to permit any dog to run at large at any time without a license
tag as hereinabove provided.

4. It shall be the duty of any game warden, regular, special
or ex-officio, or the privilege of any person who may find, or know
of a dog roaming at large unmuzzled in the night time at any
time of the year (without a license tag, as above described) to
immediately notify the owner thereof, if known to him, and if
such dog be again found or be known to the warden to be running
at large, contrary to the provisions of this act, or if upon the
first occasion of finding such dog so at large the owner be not
known to the warden, or if any dog be found killing, injuring, or
chasing sheep, or injuring or killing any domestic animals or fowls,
it shall be the duty of the warden to kill such dog in any manner
he may see fit, for which he shall be paid two dollars and a half
out of the funds arising from dog licenses, and any person finding
a dog killing sheep shall have the right to kill said dog, or if any
warden or other person shall not find a dog killing sheep, but have
reason to believe that such dog is killing sheep, he shall apply to
a magistrate of the county wherein such dog may be, who shall
issue a warrant requiring the owner, if known, to appear before
such magistrate at a time and place therein named, at which time
evidence shall be heard, and if it shall appear that such dog is a
sheep killer, the dog shall immediately be ordered to be killed,
which the warden shall do. If any dog be found running at large
on which license has not been paid, and has no known ownership it
shall be the duty of the game warden, to kill such dog on sight.
Any warden failing or refusing to perform the duties as herein
defined, shall be deemed guilty of a misdemeanor, and upon con-
viction thereof, be fined not less than five, nor more than twenty
dollars. Any person or officer killing a dog under this act shall
bury or btirn the same.

5. Any person who shall have any stock or fowls killed or in-
jured by any dog shall be entitled to receive compensation therefor
in the manner now provided by law, and in addition thereto he shall
recover from the owner of such dog or the person having such dog
under his control at the time the damage is done in an appro-
priate action at law, the difference between the assessed value and
the full value of such stock or fowls.

6. All moneys arising from dog’ license taxes shall be kept in a
separate fund by the treasurer and used for the payment of dam-
ages and fees unless herein otherwise provided. In the event the
same are not sufficient for the payment of all such fees and dam-
ages, they shall be paid in the order the claims are presented, and
any persons whose claims are not paid in any one year by reason
of lack of money to the credit of the dog license fund, shall be
paid out of the first money coming into that fund after his claim
is reached. Any funds remaining in the hands of the treasurer,
as shown by his report, to be made to the supervisors or city or
town councils at the beginning of each year, unused for such pur-
pose at the end of any year, shall be used by any county, city or
town for either the public schools or the public roads as the boards
of supervisors may direct, provided the board of supervisors of Fau-
quier county may pay for hawk scalps out of said fund and may
be used in the cities or towns for such purposes as the city or town
council or other governing body may direct.

7. Any person failing to list with the commissioner of the
revenue and to pay a license tax on any dog which he may own,
have under his control or on his premises, or who shall otherwise
violate the provisions of this act, shall be guilty of a misdemeanor,
and on conviction shall be fined not less than five dollars, nor more
than one hundred dollars for each offense.

8. The department of game and inland fisheries is especially
charged with the enforcement of this law. All acts and parts of
acts local or general in conflict with this act are hereby repealed,
the special dog law of Fauquier county and all laws amendatory
thereof are hereby repealed. |

9. This act shall not be construed to prevent dogs from run-
ning at large day or night or from having the collars and tags
removed, while they are actually being hunted and are accompanied
by the hunter.