CHAP. 169.--An ACT to protect sheep and other stock in the counties of Accomac and Northampton.

1. Be it enacted by the general assembly of Virginia, That it shall be the duty of the assessors for the counties of Accomac and Northampton to take annually, at the time of listing the taxable property therein, a list of all dogs over three months old, showing whether male or female, with the name of the owner or person in whose possession the same is 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 on his lot, plantation or premises, whether owned by him (or her) or not, and shall return such list of dogs to the clerk's office of their respective counties at the time when he returns his list of taxable property, under the like fines, penalties and forfeiture as are now incurred by him for neglect of any similar duties under existing laws as to his duties in listing and returning taxable property.

2. That every case where the owner of the dog fails to pay the license tax provided for in the third section of this act, it shall be the duty of the constable of the district in which said delinquent resides to kill said dog, for which he shall receive a fee of fifty cents out of the fund hereinafter provided, and to that end the said constable shall obtain from the county treasurer a list of all delinquents under this act in his district, and shall, within thirty days after receiving such list, discharge his duty in this behalf, and on his failure so to do, when practicable, he shall pay a fine of fifty cents for each dog he so fails to kill.

3. That when said assessors shall have ascertained the number of dogs, they shall assess a license tax of fifty cents per head on all male dogs and all spayed female dogs, and on every slut or female dog one dollar shall be assessed, and the said sums so assessed shall be collected and accounted for by the county treasurer as county levies are by law directed to be collected and accounted for, and the treasurer shall keep a separate account of the fund arising from said tax. The said fund shall be, and the same is hereby, appropriated for remunerating the inhabitants of said counties for any loss they may sustain from dogs killing or crippling their sheep or any other stock, and for paying any expense necessary to carry this act into effect; and any balance remaining on hand for any year shall be appropriated to the county school fund of public schools, to be used in accordance with the laws governing the disposition of such fund.

4. If it be found that the fund arising under this act for any year shall be insufficient to pay the whole amount of damages inflicted by dogs on the owners of sheep or other stock property, in either of said counties, each sufferer shall be paid out of said fund in proportion to the loss sustained.

5. That it shall be the duty of any justice of the peace in said counties, on an application of the owner of sheep or other stock, or his agent, which have been killed or wounded by dogs (not his own) since the passage of this act, to issue a summons to three discreet persons, who are qualified voters in either of said counties (two of whom may act), who, being legally sworn, shall go forthwith on the premises where such sheep or other stock may be and examine into the facts and justice of the claim, and appraise the amount of damages sustained by the owner; such damages not to exceed the assessed value of said sheep or other stock, and when said sheep or other , stock were not in possession of said owner at the time of assessment, or if in possession not assessed, the damage shall be the assessed value of sheep of like grade and quality in the community. Where such sheep or stock are killed or crippled, and said appraisers shall return an accurate statement under their hands to a justice, who, if it appears that such sheep or other stock were killed or crippled by dogs not belonging to the owner of said sheep or other stock, shall approve the said return by endorsing the same, and shall forward all the papers to the clerk of his respective county, who shall receive the same and present them to the board of supervisors at their next meeting.

6. All the payments made by the treasurer out of funds created by this act shall be on the order of the board of supervisors, certified by the clerk of said board.

7. The treasurer shall annually, at the yearly meeting of the board of supervisors, make a settlement with said board of his management of this fund, and said settlement shall be recorded by the clerk, and all payments out of this fund shall be made within fifteen days after said yearly meeting.

8. The fees of officers employed in the execution of this act shall be similar to those received for like service, and when none are prescribed by law, the board of supervisors shall make such compensation as they may deem right, all of which shall be paid out of such fund.

9. This act shall not affect sections twenty-one hundred and ninety-two and twenty-one hundred and ninety-three of the code of eighteen hundred and eighty-seven.

10. Provided, however, the provisions of this act shall not apply to the town of Onancock, in Accomac, nor the town of Cape Charles
, in Northampton
.

11. This act shall be in force from its passage.