The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1878-10-23


shall be examined, on oath or affirmation
to be administered by one of them, any
witness called before them by n subpoena
from such justice or otherwise, and after
making diligent inquiry in relation to
such claim, shall determine and report to
such Justice in writing whether any such
damage has been sustained, and tho
amount thereof, and who was the owner
or Keeper of tho dog or dogs, If known,
by which such damage has been done, and
whether or not any part thereof was caused
by dog owned or kept 10y the claimant
which report, so made, shall be signed by
majority of such appraisers, and deliv-
cred to the Justice by wheIa they were ap-
pointed.
SEC. 4. That upon receiving such report,
the said Justice shall Immediately make u
certificate thereon or thereto, signed and
sealed by him, that such appraisers were
duly appointed and sworn by him, and
that they made such report; and If by
such report 1t appears that any damages
have been sustained by tho complainant,
the said Justice shall deliver such report
and all papers relating to the case, TO such
claimant or his or her agent or attorney
upon payment of the costs up to that time
hereinafter provided, Tor having secured
to be paid,) to be delivered TO the commits
sioners of the county where such damages
have been sustained to be filed i'm thoir
office.
SEC. 5. That upon the commissioners of
the county receiving such report, Il shall
appear thereby that certain amount of
damage or loss has been sustained by the
claimant to the sheep, by dog or dogs
not owned or kept by him or her, they
shall Immediately draw their order on the
treasul or of such county in favor of the
claimant for the amount of loss or dam
age such claimant has sustained according
to such report, with necessary and proper
costs incurred as aforesaid, To be paid out
of the fund raised by taxes on dogs AS
hereinbefore provided; and if It shall APP
peer by such report or otherwise, that a
responsible person was the owner or keep
erof the dog or dogs by which the damage
complained of was done and there is a
reasonable probability such damages and
costs can be collected from such owner or
Keeper, then such commissioners shall
Immediately proceed in tho manner pro-
vided by law for the collection of debts
and costs of like amount, to collect such
damages and costs by a suit or suits from
the owner or owners or keeper or keepers
of such dog or dogs, and place the proceeds
thereof, less costs, in the proper sheep
fund of the county: Pr0pided, At any
and all times, it shall be the duty Of the
owner of any sheep-killing dog or dogs,
or any person owning sheep, to kill any
and all dogs guilty of killing sheep with
in this commonwealth.
SEC. u. That all dogs in this common
wealth shall hereafter be personal proper
ty and subjects of laceny, and the owner
or keeper of any dog shall bo liable to the
county commissioners for all loss or dam
age to sheep by such dog, with all tho
necessary costs incurred in recovering
and collecting such damages, including
an attorney fee of fivo dollars, if finally
determined before n Justice of the peace,
and of ten dollars If tried in court OF
common pleas; but at any tune after no.
fNf gln a
visions OF this act, the owner or keeper OF
any dog may tender to the claimant or his
agent or attorney making such claim a
sum of money equal to the losS or dam
age sustained, or may offer before n justice
of the peace, with notice to tho claimant
his agent or attorney, as aforesaid, judg-
ment III an action of trespass for the
amount of such loss or damage, and all
costs up to the time of such offer, which
offer, for fee of twenty cents, shall be
entered on tho docket OF such Justice; and
i'll case the claimant in such case, or com
missioners, as the case may be, shall not
accept OF such tender or offer of Judgment
and afterwards on the final determination
of such case shall not recover greater
amount than the sum so rendered or for
which y judgment has been offered, as
aforesaid, besides the interest and cost
| since such tender or offer, as tho case may
be, such claimant or commissioners shall
tender or offer, but shall pay to the de-
| fendant or defendants the costs such de-
| fendant or defendants have incurred since
| such offer or tender, including an attor-
| ney fee ab hereinbefore provided in case
| of a recovery by claimants, which costs
may be deducted from the amount of any
judgment recovered in such case by the
claimants or commissioners, and il such
Judgment is not sufficient such costs NAV
] be collected by an action of debt in any
| court having jurisdiction of such amount
| as in O:her cases of debt.
SEC. Z. That justices of the peace for the
| special services under the provisions of
this act, shall be entitled to one dollar for
each case, and the appraisers each one
| dollar per day for tho time necessarily
| spent by them in investigating each claim,
to be paid by the claimant III such case.
SEQ. s. That at the end of each year the
| commissioners of each county shall certi-
| fy to the treasurer of the county the SOW
eral claims and amounts thereof filed in
! their Office under the provisions of this
act, remaining unpaid and If any such
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 immedi-
ately appOrtion and distribute the excess
| to the several school districts in such
| county, in proportion to the amount OF
! such balance or excess raiSGd by said taxes
on dogs i'm each or in the several town
ships or buroughs forming such districts,
respectively, and shall uotify the school
treasurer OF such districts how much it is
entitled To Of such money <, and shall pay
the same to such school trcasurers, on
! their receipts and orders for tho same, for
| the support Of the common schools of such
| district.
SEC. 0. That this act shall not repeal or
affect the provisions of any special law ia
relation 10 the same subject in any county
| of this commonwealth.
SEC. 10. That the sheriff of each county,
on the request of the county commission
ers, shall cause this act to be published
therein, with and in the same manner as
notices of the next general election shall
be published; and for the purpose of de-