CHAPTER 281

An Act to amend and reenact § 29-202 of the Code of Virginia as amended,
relating to compensation of owners of livestock and poultry killed

by dogs.
[fH 213]
Approved March 15, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 29-202 of the Code of Virginia as amended be amended and
reenacted as follows:

§ 29-202. Any person who has any livestock or poultry killed or
injured by any dog not his own shall be entitled to receive as compensation
therefor a reasonable value of such livestock or poultry; provided that in
the counties of Fauquier, Giles, Halifax, Pittsylvania, Washington,
Russell, Tazewell, Patrick, Rockbridge, Fairfax, Carroll, Floyd and Gray-
son, the governing body may compensate the claimant upon the basis of
the assessed value of such livestock and the fair value of unassessed
lambs and poultry, but in no event to exceed the reasonable value thereof.
Nothing herein shall be construed as limiting the common law liability of
an owner of a dog for damages committed by it, and when compensation
is paid as above provided, the county or city shall be subrogated to the
extent of compensation paid to the right of action of the owner of such
livestock or poultry against the owner of the dog and may enforce the
same in an appropriate action at law. Claimants for damages shall fur-
nish 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,
Carroll, Grayson and Floyd 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 exhausted his legal remedies against the owner of
the dog, if known.

2. An emergency exists and this act is in force from its passage.