The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1878-10-16
AN ACT
FOR THE TAXATION OF DOGS AND THE
PROTECTION OF SHEEP.

l lNs WIN OUler county taxes, IN each OF the
! townships and boroughs of this common
| wealth, from the owners and keepers of
! dogs, the following named taxes, namely:
! For each malc dog, the sum of fifty cents,
and Tor cvcry female dog the sum Of one
| dollar to be paid to the treasurer of the
! county wherC collected, to ho kept hy him
separate and in such manner that ho can
know how much has been collected from
each township and borough, and how
much paid out for losses or damages i'm
each, at any timc, to be fund from which
persons sustaining loss or damage 60 sheep
by dog or dogs, and the necessary costs
in establishing their claim therefor, as
herein provided, may be paid.
SEQ. 2. For the purpose of leVving and
collecting such taxes, the assessors in each
township and borough shall, annually, at
the time OF assessing other taxable prom
erty, ascertain and return to the county
commissioners of their county n true statC-
ment OF all the dogs in their townships
and boroughs, respectively, and tho names
of the persons owning or keeping such
dogs, and how many of each sex is kept
or owned ny each person; and such com
missloners in each county shall, annually.
levy and cause TO be collected the taxes
hereinbetore named, with, and i'm the same
manner, ana for the same compensation,
that Othcr county taxes are collected,
SEC. 3. That whenever any person shall
sustain any loss or damage 10 sheep by n
dog or dogs, in any township OF borough,
such person, or his or her agent or attor-
ney, may complain to any Justice of the
peace of such township or borough, i'm
writing, to be signed by the person MAX
ing such complaint, stating therein when,
whero and how such damage was done.
and by whose dog or dogs, if known
whcreupon the Justice of the peace to
whom such complaint shall bo made. shall
cause notice TO be served on the owner
or keeper of the dog or dogs causing tho
damage, Unknown, that a complaint has
been made to him of such loss or damage:
and if the owner or keeper of such dog or
dogs docs not appear, as soon as practica-
BILE, and settle and pay for such loss or
damage, then such Justice shall appoint
three competent disinterestCd persons. not
related to the claimant or other person in
tereSted therein, to appraise the loss or
damage sustained by the claimant; and
such appraisers, after being sworn or al
frmed by such Justice of the peace. or
some other competent person, to perform
the duties of their appointment without
partiality and according to the best OF
their Judgment and ability, shall. as soon
as practicable, examine the place where
the damage is claimed to have been done.
and the sheep injured or killed, if practi-
bic, and they are requested to do so. and
shall be examined, on oath or affirmation
to be administered by one of them, any
witness called before them by 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 the 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 by the claimant,
which report, so made, shall be signed by
a majority of such appraisers, and deliv-
cred to the justice by whom they were APP
pointed.
SEC. A. That upon receiving such report.
the said Justice shall Immediately mako a
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 it appears that any damages
nave Deen sustained by the 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, (or having secured
to be paid,) to be delivered to the commits
sioners Of the county where such damages
have been sustained to be filed in their
office.
SEC. 5. That upon the commissioners of
the county receiving such report, it shall
appear thereby that certain amount of
damage or loss has been sustained by the
claimant to the sheep, by a dog or dogs
not owned or kept by him or her, they
shall immediately draw their order on the
treasurer 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 ap-
pear by such report or otherwise, that a
responsible person was the owner or keen
er OF the dog or dogs bv which the danaae
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, III the manner pro-
Ylded by law for the collection OF debts
and COSTS Of Ike amount, TO collect such
damages and costs by q suit or suits from
the owner or owners or keeper or keepers
OF such dog or dogs, and place tho proceeds
thereon, less costs, in the proper sheen
fund or the county: PFOUided, At any
and all times, it shall be the duty of the
owner OF any sheep-lIilling dog or dogs,
or any person owning shoep. to kill anV
and all dogs guilty of killing sheep with
IN this commonwealth.
SEC .. That all dogs i'm this common
wealth shall hereafter he personal proper-
ty and subjects OF laceny, and tho owner
or keeper Of any dog shall be liable to the
county commissioners for all loss or dam
age 10 sheep by such dog, with all the
necessary costs incurred in recovering
and collecting such damages, including
an attorney fee of five dollars, if finally
determined before justice of the peace,
and Of ten dollars if tried i'm court OF
common pleas; but at any time after no.
tice OF a claim for damages under the pro-
visions OF tins act, the owner or keeper of
any dog may tender to tho 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 a justice
of the peace, with notice to the claimant,
his agent or attorney, as aforesaid, a judg-
ment IN an action of trespass for the
amount OF such loss or damage and all
n n "A Of 1, ia,