Hillsdale Whig standard. (Hillsdale, Mich.) 1846-1851, 1850-05-07
LAWS OF MICHIGAN.

AN ACT for the protection Of sheep and other
domestic animals, and for other purposes
Section /. BE IL enacted by the Senate aid
House Of Representatives. Of he State of
Michigan:
That any person may kill any dog that he
may see chasing, worrying, wounding or kill
| ing any sheep, lambs, swine, cattle, or other
domestic animal, out of the enclosure or i'm
mediate care of the owner or keeper, unless
the same be done by the directions or per-
mission of such owneror keeper or any dog
that may suddenly assault him while he Is
peaceably walking or riding, any where out
of the enclosure of the owner or keeper of
such dog.
4 Sec. .. If any dog shall have killed, or
assisted in killing, wounding or varying any
sheep, lamb. swine, cattle, or other domestic
animal, or that shall assault a bile or other
wise nJure any person while travelling the
highway, or out of the enclosure or keeper of
such dog, such owner or keeper shall be La
BILE TO the owner of such property or person
injured, in double the amount Of damages
sustained, TO be recovered in an action of
trespass, on the case; and it shall not be
necessary in order to sustain an action; TO
prove that the owner or keeper knew that
such dog was accustomed to do such dam
age or mischief; and upon the trial of any
cause mentioned in this section the plaintiff
and defendant may be examined under oath,
touching the matter at issue, and evidence
may be given as in other cases, and if it shall
appear to the satisfaction of the court, by the
evidence, that the defendant is Justly liable
tor the damages complained funder the pro-
visions of this act, the court shall render
Judgment against such defendant for double
the amount of damages proved. and costs of
suit but in no case shall the plaintiff recover
more than five dollars costs.
Sec. 3. The owner or keeper of any dog
which has been chasing, worrying, wounding
or killing any sheep, lamb, swine or catt 10,
(not the property of such owner or Keeper
out of his enclosure, or which has assaulted
or bitten any person while peaceably walk
ing or riding out of the enclosure of the ow-
rer or keeper, shall, within fJrty-eight hours
after having received notice thereofin wri-
ting, cause such dog to be killed For eve
ry neglect so to do, he shall forfeit the sum of
three dollars, and the further sum of one dol
lar and fifty cents for every forty-eight hours
thereafter until such dog be killed. unless it
shall satisfactorily appear TO the court before
which suit shall be brought for the reeove-
ry ofthe said penalty, that il was not in the
power of such owner or keeper to kill such
dog. But no recovery shall be had unless it
shall satisfactorily appear that such dog has
done the mischief of which such owner or
keeper has had notice aforesaid.
See. 4. Whenever citizen of any town
ship where the trespass has been committed,
shall make a complaint in writing, verified by
his oath or other testimony to the satisfaction
of the supervisor thereof. that penalty i'm
posed by the provisions of this act has been
incurred, he shall commence a suit for
the recovery thereof in his name of office, and
prosecute the same with due diligence; and
the moneys recovered shall be by him paid
into the township treasury, to be applied to-
wards the incidental expenses of the town
ship.
Sec. 5. That sections eight and nine of
chapter forty mine of the revised statutes of
1916, arc hereby repealed Provided, Such
repeal shall not affect any action pending.
See. 6. This act shall take effect and be
in force from and after its passage.
Approved, March %, 1850.