Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1878-10-09


tbi, decree in his proclamation OF tne saio
election 10 DO held a. directed By the Act
of Assembly. bf rhH |"'Ai'
Hx virtue of an Act OF Assembly. approx
ed the l2th day OF June, A. ID isle. aiso
make further pTociainatlon OF an ti,, ~. - ~
the taxation oil dogs and the protecIioh Oh
sheep" ,so,,, -.
protection OF sheep -, -.
and after the passage of this act there si,ai
be assessed levied and collected anhualiy'
with other county taxes, in each Oh the town-
shIps and boroughs Of this commonwealth,
from the owners and keepers VI IosS, .iis
following named taxes, nafnely rOr eacn
male dog the sum OF hity cests, anu LOT es-
sry female dog the sum ~ one dollar, 70 be
paid TO the treasurer of tGe county WheIe
collected tn be kept hy tiIn separate anu ~
such manner rnat Ire can know now inucn
has been ecd ,egted from each township ana
borough and how much paid out iOr Iosses
or damages in each. at any time 70 pe ,utiu
! from which persons sustaining loss or udiu-
age TO sheer by a dog or dogs. and the neces-
snry costs in establishing their claim thsFe-
for es herein provided, may be pald.
SEC. . For the purpose OF ieSyihs arc i -
ie-.fru.. sTclT taxes, the assessors III eacH
township and borough shall. annuaiiy, at
the time Of assessing other ta&aoie PIoPeitS
ascertain and return TO the county cOM
In.s.ioners OF their county true statement
of al the dogs in their townships anu Do.-
oughs. respectively, and The nsHiss OF 'e ,I,s
:
how many OF each sex il kept or owned Oy
each person; and such hcOmmIssionersl IN easn
county snail. annually. levy ana cause 70 re
collected tho taxes hereinDeiore naiiru,
with and In tine same manner, ana Tor the
SAME compensation. that other county taxes
are collected. =,
SEc- b That whenever any person shall
sustain any loss or damage TO sAeep Dy "a
dog or dogs. In any township or ooIousn'
such person. or his or her ngeht or aLtoihes;
may complain 70 any Justice Of the peace OF
such township or borough. IN WTitsng- 10 oe
signed by the person making eomFl..-ut.
stating therein and by wsJose dog. or dogs, u
known; wher-up0n the justice OF the peace
To whom such complaint snail De fnaue'
I shall cause notice 70 he served on tne own
er or keeper of the dog or dogs causi ns the
damage If knOgr, that "A complaint has
been made TO him of such loss or uaIihSc'
and IL the owne- or keeper OF sSch DOG or
dogs does not appear. as soon as praetico,e'
anu settle and pay for such loss or caIniige,
then such Justice shall appoint three coinpe-
tent disinte-ested persons, not related 20 the
ciai INFANT or other persons Interested there.
I in to appraise the loss or damage sustained
by the claimant; and such appraisers, after
being sworn or affirmed by sucf justice OF
the peace. or some other comp etent person:
To- perform tiit. duties OF their appointment
without Partially and ability, shall, as soon
as practicable. examine the place " wnere the
dsl image Is claimed to have been done, ana
the sheep Injured or killed, If practicable,
and they are requested to do so, and Shall De
examined, on oath or Affirmation 10 re al
m lnistered by one OF them. any witness ctit-
e,l before them by subpoena from such US
tice or otherwise, and after making dl!lgent
inquiry in relation TO such claim, shall deter
/ IN ne and report to such Justice In writing
whether any such damage has been sustain
! ed, aud the amount thereof, and VINO was
the owner or keeper OF the dog or dcgS, II
known, by which such damage mas been
/ done and whether OF not any part thereof
was caused by a dog owned or kept oy the
/ claimant, which report. 50 made. snail De
signed by = majority ofsuch appraisers. and
delivered to the Justice by whom they were
appointed.
SEC. 4. That upon receiving such rer"rt.
/ the said justice shall Immediately make
certificate thereon or thereto. signed ana
seaIed by him. that such appraisers were
! duly appointed and sworn By MIN. and That
/ they made such report: and II 10y such re-
/ port 70 appears that any damages nave been
/ sUstai ned by the complainant, tue said JUS
| tice shall deliver such report and all papers
relating 70 the case. 70 suca Claimant or ais
or her agent Or attorney. upon payment OF
i the costs up 10 that time. herein after pro-
viGed (or having secured the same to be
paid! TO be delivered 70 the commissioners
I OF the county where such damages have
/ been sustained % be iilet in their otfice.
SEC .. Ihat upon the commissioners OF
| the county receiving Sucn report. II shall APP
pear hereby that q certain amount of dam
age or loss has been sustained by the claim
ant to sheep. by dog or dogs not owned OF
kspt by him or her, they shall Immediately
draw their order on the treasurer OF such
county, in favor OF the Claimant for the
amount ofioss or damage such claimant has
sustained according 70 such report with nee
e-sary and proper cJsts incurred As afOre-
said, TO be paid cut Of the fund raised or 20
be raised by taxes on dogs rs herein before
provided ami IL 1t shall appear by such re-
port or otherwise, that = responsible person
was the owner OF keeper of the dog or dogs
by which the damage complained of was
done. and there is a reasonable probability
such damage and costs can be collected from
such owner or keeper, then such com mis-
-iOnerS shall Immediately proceed. IN the
manner provided Oy iag FOR the collection
o. debts and costs Of Ike amount. to collect
such damages and costs by a suir or suits
from the owner or owners, CT keeper or
keepers Of such dog or dogs, and place the
proceeds thereof less costs, in the proper
sheep fund OF the county; Provided, At any
and all times, IL shall be the duty OF the
owner of any p-killing dog or dogs, or
uuy person owning sheep. TO Kill any and
all dogs guilty OF killing sheep within this
commonwealth.
SEC d. That all dogs In this commonwealth
shall hereafter be personal property and
subjects oflarceny, and the owner or keeper
Oi any dog shall he liable 10 the county COM
mi>sioners for all loss or damage to sheep by
such dog. with the necessary costs incurred
in recovering and collecting such damages,
including an attorney fee OF i've dollars II
finally determined before justice of the
peace. and Of ten dollars If tired in a court
of common pleas bot st any time after no.
tice of a claim for damages under the prcVis-
ions of this act. the owner or keeper OF any
dog may tender to the claimant OF his egxnt
or attorney making such claim - sum of |
money equal to the loss or damage sustained |
or may offer before a justice Of the peace,
with notice 10 the claimant. his agent OF at /,
torney. rs aforesaid, n Judgment in an action I
or tresptss for the amount OF sucn loss or |
damage. and all costs mp to the time OF such |
Offer. which offer. for a fee of twenty cents, |
shall be entered on the docket of sucn JUS /
tice and in case the claimant in such case.
or commissioners, sts the case may be. shall 1
not accept OF such tender offer of iudg-
ment and afterwards on the final deterrnin-
alton OF such case shall not recover a greater /
amount than the sam teu6ered or for which 4
a Judgment has been offered, aforesaid 4.
besides the interest and cost since such ten
IN .la4r
ant or commissioners shall not recover any I
costs accruiDg after such tender or offer, but /
shall pay 10 the defendant or defendants the |
cost such defendant or defendants have in \
CURED such oifer or tender, including an at /
tOrney fee as herein tOfOre provided u case \
OF a recovery b. claimants. which costs may (,
De deducted from the amount Of any judg- \
meni recovered in such case by she claim |
ants or commissioners. and ii such Judgment i
j. not sufficient such costs may b collected |
by an action Of debt in any court having ju- I
ri,dictton OF such amount as in other cases 1
of debt.
SEC. That Justices of the peace for the I
special services under the provisions OF this 1
act. shall be entitled TO one dollar for each 4
ease. and the appraisers each one dollar per 4
day for the time necessarily spent by them l
In investigating each claim, to be paid by /
the claimant in such case.
SEC. $. That at the end of each year the |
commissioners of each county shall certify I
To the treasurer of the county the several
claims and amounts thereof. filed in their
Office under the provisions of the act, re-
iltihlhk uHptiu anu II any Sucn treasurer
shall have IN his hands. of moneys collected
for the payment thereof. more than two
hundred dollars above the amount of such
claims. he shall Immediately spportlon and
distribute the excess to several school dis Z
tricis in such county, in proportion to the
amount OF such balance or excess raised by
said taxes on dogs in each or in the several
townships or boroughs forming such dis
trtcts respectively. and shall notify the
school treasurer of such districts how much
IL is entitled to of such moneys and shall
pay the same to such school tressurers. on
their receipts and orders for the same, fpr
the support of the common schools of such
district.
SEC 9. That this act shall not repeal or
affect tine provisions OF any special law in |
relation to the same subject in any county |
Of this eommOnw ealth.
SEC. 10. That the Sheriff of each county |
on the request of the county commissioners, |
snail Cause this act 10 he published therein, I
with and in the same manner as notices Of
The next general election shall be published; | .
md for the purpose of deciding whether or
not the provisions OF this act are desired in |
he several counties the qualified electors /
herein, may vote at such election by bal !
OTIS written or printed on the outside 'Sheep ,
law. and ON the inside For the Sheep |
LAW" " or "a AgalnSt the sheep Law" and in