Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-10-11
Further PrOcIaHla alton. /.
DOG AND SHEEP LAW

THOMAS DONAGHi, Sherin.
Further PrOcIamaiiOn.
DOG AND SHEEP Law
AND WHEREAS, The County Commissioners
of rutler county, having requested the publ
cation of the Act entitled
"An Act for the Taxation OF Dogs and the
Protection of Sheepi' approved the 18th day OF
June, a. d 1873, in accordance with section 10
of said Act, hereby give public notice 10 The
electors OF Batter county that ut the aforesaid
time and respective places they may vote "lor
the sheep law" or against the sheep law" in
accordance with section 10 OF said Act, which
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, with
| other taxes in eaon 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 Tor every female dog The sum OF
| one dollar, to be paid to the Treasurer oil the
! county where collected, TO be kept ~ 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 for
| losses or damages in each, at any time, to be a
fund from which parsons sustaining loss or
damage 10 sheep Gy dog or aogs, ana the nee
essary cost in establishing their claims therefor,
as herein provided, may be paid.
SEC. ?. For the purpose OF levying and col
| lecting such taxes, the assessors in each town
| ship and borough shall, annually at the time OF
| assessing other taxable property, ascertain ana
| return 10 the County Commissioners OF their
| county true statement of all the dogs IL their
townships and boroughs, respectively, and the
| names OF the persons owning or keeping sAca
| dog, and hoy mapY OF eafh sex are kept OF
owned by each person; and such COMMISSION,
ers in each county shall, annually, levy and
cause to be collected the taxes herein before
| wi n
the same compensation, that other taxes are
collected.
SEC g. That whenever any person shall sus
tain any loss or damage 10 sheep by dog OF
dogs, in any township or borough, such person
| or his or her A. Mt or attorney, my complain 10
! the Justice of the Peace of such township o.
borough, IN writing, 60 De slgnco by Inc persol
making such complaint, stating therein when
where and how such damage was dcae, and by
| whose dog or dogs, if known; whereupon the
Justice OF the Peace TO whom such complaint
| shall be made, shall cause notice TO be served
on the owner or the keeper of the dog causing
the damage, il known, that complaint has
been made 10 him ofsuch loss or damage, and
If the owner or keeper OF such dog or dogs
| does not appear rs soon as practicable, ana SET
| tie and pay tor such loss or damage, then such
Justice shall appoint three competent di>inter
ested persons not related to the claimant ol
other person interested therein, to apr raise tho
loss or damage sustained by the claimant; and
s1cn appraisers, alter bong sworn and aiilrmeo
by such Justice of the Peace, or some Other
| competent person, to perform the duty OF iheli
appointments without partiality and according
to the best of their jud gment and ability, shall
| as soon as practicable, examine the place where
the damage is claimed to have been done, and
the sheen injured or Eilled, if practicable, and
| they are requested to do so, and shall be exam.
ined on oath or affirmation, to be administered
| bv one of them any witnesses called before
them by a subpoena IRON such Justice or other
| wise, and after making diligent inquiry i'll 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
the dog or dogs, If known, by which such
| damage has been done, and whether or not any
part thereof was caused by q dog kept by the
| claimant, which report, so made, snail ne sign
ed by a majority OF such appraisers and deliver
| ed to the Justice by whom they were appointed.
SEC A. That upon RECEIVING such report ih e
| said Justice shaft Immediately make a ccrtif-
| cate thereon or thereto, signed or sealed by
hlm, that such appraisers were duly appointed
and sworn 10y him, and that they made such re-
port and il by such report it appears that any
! damngcs have been sustained by the complain
| ant, the said Justice shall deiiyer sgcn 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,) to
|
| " where such damage have been sustained, to
| be Sled in ther office.
| SEC. g. That up5n the Commissioners OF the
county receiving such report, 1t shall appear
| thereby certain amount OF damage or loss has
| been sustained by the claimant to sheep, by a
do u 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 al loss OF damage such
claimant has sustained according to such re-
port, with necessary and proper costs Incurred
as aforesaid to be paid out of the fund raised
or TO he raised by taxes on dogssls hereinbefoIe
provided; aud Il it shall appear By SUCH report
or otherwise, that responsible prison was the
owner or keeper of the dog or dogs by which
the damage complained of was Gone and there
is reas enable probability such damage and
costs can be collected from such owner or
keeper, then sqch commissioners shall imme-
diately PROCEED, In the manner provided hy 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
ur 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 it shall b. 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 Con monwealth.
SEC. 6. That all dogs in this Commonwealth
shall hereafter b. personal property aud sub.
je2is Of larceny, and the owner and keeper of
any dog shall be liable to the County Commits
sioners for all loss or damage to sheep 10y such
dog with all the necessary costs Incurred In re-
ceiving and collecting suca damages, including
an attorney fec OF five dollars, il finally deter
mined betu.e Justcc Of Peace, and of ten
dollars If tried in Court cc Common Pleas
hut at any time after notice OF claim tor dam
ages under the provisions OF TINS Act, the
owner or keeper ofauy dog may. tender to the
claimant or his agent or attorney making such
Al sln-G darn
age sustained with notice to the claimant, his
agent or attorney, as aforesaid, Judgment in
an action of trespnss for the amount of such
loss or damage, and all cost up TO the time OF
such offer, which offer, for Zee Of twenty cents
shall he entered on the docket of such Justice
and in case the cl,imant in such case, or Com
miss toners, rs the case may be, shall not accept
OF such tender or offer or judgment, and alter
wards on the final determination of such case
shall not recover greater amount than the suIn
so rendered or for which judgment has been
offered, rs aforesaid, besides the interest and
cost since such tender or offer, as the case may
be- such ella mant or Commissioners shall not
recover any cost occurring after such tender or
offer, but shall pay to the defendant or dc
endauts the costs such defendant or defend
ants have incurred since such offer or ten
der including ar attorney fee as hereinbefore
provided in case of recovery by claimants,
which costs may be deducted from the amount
of arv judgment recovered in such case by tho
claimants or Commissioners, and ii such judg
mrnt Is not sufficient such costs may be col
lectcd by an action OF debt in any Court having
jurisdiction of such amount a in other cases OF
debt.
SEC. T. That the Justices of the Peace for the
special services under the provision of this
Act shall lie entitled to one dollar Tor each
case, aud the appraisers each one dollar per day
for the time necessarily spent by them in invess
tigating each claim, to be paid by the claimant
IN such case.
SEC. s. That at the end of each year the
Commissioners of each county shall certify to
this Treasurer of the county the several claims
aud the amounts thereof liled in their ofico
under the provision of this Act, remaining un'
paid /. aud il any such Treasurer shall have in