Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-10-04

bHeIn, Dy n subpoena from sucn Justice or other
wise, and after making diligent inquiry In rela-
tion 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
the dog or dogs, IL 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 majority OF such appraisers and deliver
ed to the Justice by whom they were appointed.
SEC. 4. That upon receiving such report, tn o
said Justice shall Immediately make a certih-
cate thereon or thereto, signed or scaled by
hun, that such appraisers were duly appointed
and sworn by him, and that they made such re-
port and II by such report IL appears that any
damages have been sustained by the complain
ant, the said Justice shall deliver such report
and al papers relating to the case, to such
claimant Or his or her attorney, upon payment
OF The costs up to the time, hereinafter provid-
ed, Tor having the same secured to be paid,l to
be delivered to the Commissioners OF the coun-
ty where such damage have been sustained, TO
be 1led In their office.
SEC. 5. 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 .
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 claim
ant for the amount OF loss or damage such
claimant has sustained according to such re-
port, with necessary and proper costs incurred
as Aforesaid, to be paid ont of the fund raised
or to be raised by taxes on dogslas hereinbefore
provided: and II 1t shall appear by such report
or otherwise, that u responsible person was the
owner or keeper of the dog or dogs by which
the damage complained of WAS done, and there
is reasonable probability such damage and
costs can be collected from such owner or
keeper then such commissioners shall imme-
diatey proceed, In the manner provided by law
fOr 10 ctl deb nf
amount, to collect such damages and costs by %
suit suits from owner or owners keeper
or keepers of such dog or dogs, and place the
proceeds thereof, less costs, In the proper sheep
fund OF tue county; Provided. At any and all
times IL shall be the duty OF the owner Of any
sheep-killing dog or dogs, or any person own
ing sheep, to kill any and all dogs guilty Of
killing sheep within this Commonwealth.
SEC. 0. That all dogs In this Commonwealth
shall hereafter be personal property and sub
jects of larceny, and the owner and keeper of
any dog shall be liable to the County Comms-
sioners for all loss or damage to sheep by such
dog, with all the necessary costs incurred In re-
ceiving and collecting such damages, including
an attorney fee of five dollars. IL finally deter
mined before Justice OF tie Peace and OF ten
dollars II tried In u Court OF Common Pleas;
but at any time after notice of n claim tor dam
ages under the provisions OF this Act, the
owner or keeper of any dog may tender TO the
claimant or his agent or attorney making such
age sustained with notice to the claimant, his
agent or attorney, as aforesaid. q judgment In
an action of trespass for the amount OF such
loss or damage, and all cost up to the time Of
such offer, which offer, for fee OF twenty cents
shall be entered on the docket OF such Justice.
and In ease the claimant In such case, or Com
missioners, rs the case may be, shall not accept
of such tender or offer or judgment, and aflcr-
wards on The hnal determination of such case
shall not recover a greater amount than the snn
.sw1. t..l. -
offered, aforesaid, besides the interest and
cost since such tender or offer, as the case may
be- such ella mant or Commissioners shall NOS
recover any cost occurring after such tender or
offer, but shall pay TO the defendant or do
endants the costs such defendant or deiend-
ants have incurred since such offer or ten
der, including attorney fee n hereinbefore
provided in case of recovery by claimants.
which costs nay be deducted from the amount
Of any Judgment recovered ln such case by the
claimants or Commissioners, and II such judy
nent Is not sufficient such costs may be col
ected by an action OF debt la any Court having
urisdiction of such amount a. In other cases Of
iebt.
SEC. Z. That the Justices OF the Peace for the
pecial services under the provision OF this
Act, shall be entitled to one dollar tor each
ase, aud the app ralsers each one dollar per day
or the time necessarily spent by them In inves-
igating each claim, to be paid By the claimant
u such case.
SEC. b. That At the end of each year the
OF each county shall certify to
he Treasurer OF the county the several claims
nd the amounts thereof died In their office
nder the provision Of this Act, remaining un-
ard /; and II any such Treasurer shall have in
~ hands, OF money collected for the payment
hereof, more than two hundred dollars above
he amount of such claims, he shall Immediately
pportion and distribute the excess To the sew
raj school districts In such county, In proper
on To the amount OF such balance or excess
iised by said taxes on dogs In each or In the
eveTal townships or boroughs forming such
istricts, respectively, and shall notify the
chool Treasurer ot such district how much 10
entitled 10 OF such moneys, and shall pay the
imc TO such S"hool 1relsurers, ON their re-
.ipts and orders for the same, for the support
common schools OF such district.
SEC. o. That this Act shall not repeal or a-
CT the provisions of any special Law IN relation
the same subject In any county in this Com-
lonwealth.
SEC. 10. That the Sheriff of each county, on
e request of the County Commissioners, shall
Iuse this Act 10 be published therein. with and
the same manner as notices of the next gcn-
al election shall be published; and Tor the pur-
lse OF deciding whether or not the provisions
this Act nre desired In the several counties,
c qualified electors therein may vote nj such
ecIions, by ballots written or printed on
e outside s'Sheep Law" and on the inside
For the sheep Law" or against the Sleep
w." aud In each county wherein II shall ap-
ar by proper count OF such ballots thlt
njority "For the sheep Law" this Act
all Immediately take effect, sut In no other
unity until n majority OF the qualified electors
ereof after like advei tisement In like manner,
We determined that they desire this Act to
se effect therein; Provided, That there shall
no advertisement Crelection tlr such purpose
any county oftener than once in two years.
Approved the 18th day of june, A. d. ls7a
J. v. HARTRANFT.
THOS. DONAGHY, Sheriff:
~ Adyartisa i'm the CITIxEA