CHAPTER 242

AN ACT to amend and reenact § 29-202 of the Code of 1950,
relating to compensation sor livestock and poultry killed by
dogs so as to provide when such compensation may be may

228

Approved March 17, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 29-202 of the Code of 1950 be amended and re-
enacted as follows:

§ 29-202. Compensation for livestock and poultry killed
by dogs.—Any person taxed by the State who has any livestock
or poultry killed or injured by any dog not his own shall be
entitled to receive compensation therefor at the assessed value
of such livestock and fair value of unassessed lambs or poultry,
and in addition thereto may recover from the owner or cus-
todian of such dog, in an appropriate action at law, the differ-
ence between the assessed value and the full value of such live-
stock or poultry; but in no case shall any such person receive
or recover for any livestock or poultry so killed more than the
then fair value thereof regardless of what the assessed value
may be. Nothing herein shall be construed as limiting the
common law liability of an owner of a dog for damages com-
mitted by it. Claimants for damages shall furnish evidence
under oath of quantity and value to the governing body of the
county or of any city within ninety days after sustaining such
damage.

Provided, however, that if the governing body of the county
of Surry so prescribe by ordinance, no payment by the county
shall be made under this section unless and until the claimant
shall have exhausted his legal remedies against the owner of
the dog doing the damage for which compensation under this
section is sought; such governing body of such county may
require the submission of evidence that the claimant has ezx-
hausted his legal remedies against the owner of the dog, if
‘nown.