CHAPTER 338

An Act to amend and reenact § 29-209, as amended, of the Code of Vir-
ginia, relating to disposition of dog fund. CH 493]

Approved March 12, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 22-209, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 29-209. After paying the fifteen per centum on gross collections
to the State Treasurer as otherwise provided, the remaining amount in
the dog fund of the county or city shall first be used to pay for control of
rabies, treatment of persons for rabies, advertising notices, freight and
express or postage, and if the remainder is sufficient, all damages to live-
stock or poultry, and if the governing body of the county so desires it may
make therefrom an allowance to the game warden for services, and all
allowances and payments heretofore made by the governing body of any
county to game wardens and ex officio game wardens for services are
hereby validated. In the event the remainder is not sufficient to pay such
damages, the claims shall be filed and paid in the order of presentation out
of the first available money coming into the fund.

In the county of Orange, the governing body may employ, and pay
from the dog fund, a person or persons to investigate claims made for
payment under this section.

Should there not be a sum sufficient in the dog fund of the county of
Augusta, county of Rockbridge or of the county of Albemarle, respectively,
to defray all costs in such county, including the payment of claims as
provided in § 29-202, then the governing body of such county may appro-
priate a sufficient amount from the general fund of such county to provide
payment of such costs and claims.

Any funds in excess of two hundred fifty dollars remaining in the
hands of the treasurer on December thirty-first may on that date be
transferred into the general fund of the county or city, or at the discretion
of the governing body of any county or city, any portion thereof may be
transferred into a special fund and used for the purpose of replenishing
or restocking quail or other game in such county or counties adjoining
such city; provided, that in the counties of Giles and Wythe and the city
of Warwick, the entire fund remaining in the hands of the treasurer on
December thirty-first shall be transferred by the governing body into a
special fund and, subject to the approval of the Commission, shall be used
for the purpose of replenishing, restocking and protecting quail or other
game and game fish in the county; provided, that in the county of Giles
the governing body shall transfer the entire fund remaining in the hands
of the treasurer on December thirty-first of each year into a special fund
to be used for the purpose of replenishing or restocking and protection
of quail and other game and game fish in the county, and in the county of
Essex the governing body shall likewise transfer the sum of two hundred
fifty dollars, as above provided, for the same purpose of replenishing or
restocking and protection of quail and other game and game fish in the
county; provided, that in the county of Wythe and the city of Warwick
the special fund or any portion thereof not so expended at the expiration
394 ACTS OF ASSEMBLY . [vA., 1956

of two years from the date of its transfer as such special fund shall revert
to the general fund of the county or city, respectively, and in the discretion
of the governing body be apportioned as next herein provided. | .

In the discretion of the governing body of the respective counties,
the fund remaining in such county may be apportioned between the county
and any incorporated town or towns in such county in the proportion that
the amount of the license tax collected in the town or towns bears to the
total dog license tax in the county in which the town or towns are located
to: be used as the governing body of the town directs, except that in the
county of Essex no apportionment shall be made to the town of Tappa-
hannock and that in the county of Middlesex no apportionment shall be
made to the town of Urbanna.

Any funds heretofore set aside in the county of Grayson for the
purpose of replenishing, restocking and protecting quail or other game
and game fish in the county may, by order of the governing body of the
county, be transferred to the general fund of the county. .

In the counties of Buchanan and Dickenson, the entire fund remaining
in the hands of the treasurer on December thirty-first shall be transferred
by the governing body into a special fund and subject to the approval of
the Commission of Game and Inland Fisheries shall be used for the
purpose of replenishing, restocking and protecting game birds and game
animals and game fish in the counties.