Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-10-18
Further Proclamation.
noe AND SHEEP LAW.


DOG AND SHEEP LAW.
AND WHEREAS, The County Commissioners
of Butler county, having requested the publ
cation of the Act entitled
IAN Act for the Taxation OF Dogs ana the
Protection of Sheepf' approved the 18th day OF
June, A. D., 1878, in accordance with section lu
of said Act, hereby give public notice to inc
electors OF Butler county that at the aforesald
tiDe and respective places they may vote "ior
the sheep law" or against the sheep law" IN
accordance with section 10 of said ACT, when
is herewith published
SECTION l, Be il enacted, etc., That from and
after the passage of this Act there shall be as
sessed. levied and collected, annually, win
other taxes, in each of the townships and the
boroughs of this Commonwealth, from the
owners and keepers of dogs, the following
named taxes: For each male dog the sum OF
fifty cents, and for every female dog the sum OF
one dollar, to be paid TO the Treasurer oil the
county where collected, to be kept by him sep
arate and in such manner that he can know
bow much has been collected from each town.
ship and borough, and how much paid out Tor
losses or damages in each, at any time, to be a
fund from which persons sustaining loss or
damage to sheep by dog or dogs, and the nee
essary cost in establishing their claims therefor,
as herein provided, may be paid.
SEC. 2. For the purpose of levying and col
lectIpg such taxes, the assessors in each town
ship and borough shall, annually, at the time OF
assessing other taxable property, ascertain and
return to the County Commissioners OF tnelr
county true statement of all the dogs in their
townships and boroughs, respectively, ana the
names OF the persons owning or keeping such
dog, and how many OF each sex are Kept or
owned by each person and such Commission.
ers in each county shall, annually, levy and
cause to be collected the taxes herelubefore
named, WITH and in the same manner, ana tor
the same compensation, that other taxes are
collected.
SEC g. That whenever any person shall sus-
tain any loss or damage to sheep by dog or
dogs, in any township or borough, such person,
or his or her agent or attorney, may complain 10
| the Justice OF the Peace Of such township or
| bor- gh, in writing, to be signed by the person
making such complaint, stating therein when,
where and how such damage was done, and oy
whose dog or dogs, if known; whereupon the
Justice OF the Peace to whom sueh cQmplalnt
| shall be made, shall cause notice TO De served
| on the owner or the keeper OF the dog causing
| the damage, il known, that complaint mas
i been made 10 him of fsuch loss or damage, and
| il the owner or keeper OF such dog or oogs
| does not appear soon % practicable, and set
| tie and pay for such loss or damage, then such
Justice shall appoint three competent oisinter-
| ested persons not related to the claimant or
other person interested therein, TO apr raise tne
| loss or damage sustained by The claimant; ana
| such appraisers, after being sworn and affirmed
| by such Justice of the Peace, or some other
| com petent person, to perform the duty OF their
appointments without partiality and according
| to the best of their judgment and ability, snail
as soon as practicable, examine the place "nere =
| the damage is claimed to have been done, and
| the sheep injured or killed, II practcabie, ana
| they are requested to do so, and shall De exam
| med on oath or affirmation, to be administered
| by one of them, any witnesses called Deiore
| them, by subpoena from sacn Justice OF oener
wise. and after making diligent inquiry in rela-
| ton to such claim, shall determine and report
| to such Justice, in writing, whether any such
| damage has been sustained, and the amount
| thereof, and who was the owner or keeper OF
1 the dog or dogs, If known, by which such
| damage has been done, and whether or not any
| part thereof was caused by dog kept by the
| claimant, which report, so made, shall be Sign
ed by o majority OF such appraisers and deliver
| ed to the Justice by whom they were appointed.
SEQ. f. That upon receiving such report, Tn G
eaid Justice shall Immediately make cer',ii-
| cate thereon or thereto, signed or sealed ny
him, that such appraisers were duly appointed
| and sworn by him, and that they made sucn re-
port and IL by such report 1t appears that any
| damages have been sustained by the complain
ant, the said Justice shall deliver such report
| and oil papers relating to the case, to such
| claimant Or his or her attorney, upon payment
OF the costs up to the time, hetflnaiter provid-
ed, Tor having the same secured to be paid,l 10
| be delivered to the Commissioners oil the coun-
ty where such damage have been sustained, TO
| be aled In their office.
SEC. s. That up on the Commissioners OF the
county receiving such report, 1t shall appear
| thereby certain amo unit OF damage or loss has
been sustained by the claimant to sheep, by
do 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 claim
ant for the amount OF loss or damage such
claimant has sustained according TO such re-
port, with necessary aud proper costs incurred
| as aforesaid to be paid out OF the fund raised
or to re raised by taxes on dogslas hereinbeiore
l hall hg IlDh
or otherwise, that responsible person was the
| owner or keeper Of the dog or dogs by when
the damage complained of was done. and there
| Is a reasonable probability such damage ana
| costs can be collected from such owner or
| keeper. then such commissioners shall imme-
| diately proceed, In the manner provided by law
| for the collection OF debts and costs oil like
| amount TO collect such damages and costs by
| suit or suits from 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 Provided, AT any aud all
| times It shall be the duty OF the owner OF any
| sheep-kiling dog or dogs, or any person own
| ing sheep, to kill any and all dogs guilty OF
| killing sheep within this Con monwealth.
SEC, g. That all dags IN this Commonwealth
| shall hereafter be personal property ana SUD
| iects of larceny, and the owner aud Keeper oi
| any dog shall be liable to the County Commis-
| sloners for all loss or damage to sheep by such
| dog. with all the necessary costs incurred In re-
| ceiyipg and collecting such damages. Including
an attorney fee Of five dollars, II hnaiiy deter
mined before n Justice OF tie Peace, and OF ten
| dollars II tried In a Court of Common Pleas /;
| but ut any time after notice OF claim Tor dam
| ages under the provisions oil this Act, the
owner or keeper ofqny dog may. tender TO the
| claimant or his agent or attorney making spch
| claim sum of money equal to the loss or dam
| age sustained with notice to the claimant, his
| agent or attorney as aforesaid, Judgment In
| an action of trcspass for the amount oil such
| loss or damage, and all cost up TO the Time oil
such Offer which offer, for fec OF twenty cents
shall be en- cred on the docket OF such Justice,
and 10 case the claimant In such case, or Com
unissioners, as the case may be, shall not accept
| OF such tender or oiicr or Judgment, ana aitcr-
wards on The Anal determination OF such case
shallno recover greater amount thnn the hnIn
ao rendered or for which o Judgment has been
| offered, rs aforesaid, besides the interest and
cost since such tender or OFFER as the case may
he such claimant or Commissioners shall not
renoyer any cost occurring after such tender or
ddsr bat 9hall pay 10 the defendant or dc
chdants' the costs tpch defcndtpt or doierd.
anita have inquired since such offer Or ten.
der. including an attorney foe a. hereinbc!orc
provided Ia case OF recovery by claimants,
which costs may be deducted from the amount
of any judgment recovered In sush case by the
claimants or Commissioners aud II such Judg'
mcnt is not sufficient such costs may be col
lectcd by an action OF debt In any Court having
Jurisdiction OF such amount n Ia other cases OF
deDl.
SIC 7. That the IustlGcg OF Tho Pence for the
special services under tife 'provlslon q Ih.s
Act shall be entitled to one dollar Tor each
.aac, aud the APP. raiscrs each one dollar per day
for the time necessarily spent by them In invcs
.lgatIug eseh clo!m, to be paid 10y the claimant
III such cnsc.
SEC. y. That nj the end of each year the
Commissioners OF each county shall certify 10
the Treasurer OF the county the several claims
and the amounts thereof filed In their Office
under the provision of this Act, rcmaining un-
paid and II any such Treasurer shall have In