Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-10-25
Further Proclamation.
DOG AND SHEEP LAW.


accordance with section 10 of said Act, which
! is herewith published
| SECTION /, 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 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 of 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 for
| 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
rs herein provided may be paid.
| SEC. 2. 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 and
return TO the County Commissioners OF their
county true statement of all the dogs in their
] townships and boroughs, respectively, and 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 herein before
| named, with, and in the same manner, and for
the same compensation, that other taxes are
| collected
| SEQ. 3. 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 TO
| the Justice OF the Peace of such township or
| borough, in writing, to be signed by the person
making such complaint, stating therein when,
where and how such damage was done, and by
| whose dog or dogs, ii known; whereupon the
| Justice OF the Peace TO whom such complaint
| shall be made shall cause notice Ia be served
on the owner or the keeper of the dog causing
| the damage, i known, that a complaint has
| been made 10 him ofsuch loss or damage, and
| it the owner or keeper OF such dog or dogs
does not appear as soon as practicable, and SCI
| tie and pay for such loss or damage, then such
Justice shall appoint three competent di,inter-
| ested persons not related to the claimant or
other person interested therein, to apr raise the
loss or damage sustained by the claimant; and
sIch appraisers, after being sworn and affirmed
by such Justice of the Peace, or some other
competent person, 20 perform the duty of their
appointments without partiality and according
to the best of their jud gment and ability, shall
| as soon practicable, examine tue place where
the damage is claimed to have been done, and
the sheep injured or killed, ii practicable, and
they arc requested to do so, and shall be exam
med on oath or affirm alton, to be duliuistered
by one of them, any witnesses called before
them by a subpoena from such Justice or other
wise, and after making diligent inquiry in rela-
tion to such claim, shall determine and report
damage has been sustained, and the amount
thereof, aud 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 WIS 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 A. That upon receiving such report, tn
said Jlstice shall Immediately make a certifi-
cate thereon or thereto, signed or sealed by
hIuI, that such appraisers were duly appointed
and sworn oy him, and that they made sncE re-
port and il by such report it 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 cr his or her attorney, upon payment
of the costs up to the time, hereinafter proyid-
ed Tor having the same secured to be pald,) to
be delivered to the Commissioners OF the coun-
ty where such damage have been sustained, to
be ied in their office.
SEC. s. That upon the Commissioners OF the
county receiving such report, it shall appear
thereby certain amo unit OF damage or loss has
been sustained by the claimant to sheep, by
do q 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 damage such
claimant has sustained according to such re-
port, with necessary and proper costs incurred
a. aforesaid, to be paid ont of the fund raised
or to be raised by taxes on dogssas hereinbefore
provided and # it shall appear by such report
or otherwise, that a responsible person was the
owner or keeper of the dog or dogs by which
the damage complained of was done. and there
is a reas enable probability such damage and
costs odn 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 OF 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 killing dog or dogs, or any person own
ing sheep, TO kill any and all dogs gully of
killing sheep within this Commonwealth.
SEC. q. That all dogs in this Commonwealth |
shall hereafter be personal property and sub
jeets OF larceny, and the owner and keeper OF
any dog shall be liable to the County Commits |
sioners for all loss or damage 10 sheep by such |
dog, with all the necessary costs incurred in re-
ceving and collecting such damages, including |
an attorney fee of five dollars. it finally deter
mined before Justice OF 81 fGace, and of ten
dollars if tried in Court OF Common Pleas;
but at any time after notice Of Claim for dam
ages under the provisions OF this Act, the
owner or keeper ofany dog may tender to the
claimant or his agent or attorney making such
claim sum of Nancy equal to the loss or dam
age sustained with notice to the claimant, his
gent or attorney as Aforesaid, Il Judgment In
i |
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
md in case the claimant in such case, or Com
rs the case may be, shall not accept
If such tender or offer or judgment, and after
wards on the final determination of such case
shall not recover a greater amount than the sun
go rendered or for which Judgment has been
lffered, as aforesaid, besides the interest and
cost since such tender or offer, as the case may
&C. such ella mant or Commissioners shall not
recover any cost occurring after sue" tender or
)fter, but shall pay to the defendant or de-
ndants the costs such defendant or defend
nts have incurred since such offer or ten
eI, including al attorney fee as hereinhefore
provided in case of recovery by claimants,
which costs nay be deducted from the amount
# any judgment recovered in such case by the
laimants or Commissioners, and IL such Judg- |
neht Is not sufficient such costs may be col
,cted by an action OF debt in any Court having
lrlsdiction OF such amount a. in other cases OF
ebt
SEC T. That the Justices OF the Peace for the
pecial services under the provision of this
.ct, shall be entitled to one dollar Tor each
lse ard the appraisers each one dollar per day
,r the time necessarily spent by them in inves-
eating each claim, to be paid 10y the claimant
such case.
SEC g. That nj the end Of each year the
OF each county shall certify 10
lie Treasurer of the county the several claims
I'd the amounts thereof filed in their Office
nder the provision of this Act remaining un-
lld and it any such Treasurer shall have in
IS hauds, of money collected for the payment
ere)f, more than TWO hundred dollars above
e amount of such claims, he shall Immediately
,pOrtion aud distribute the excess TO the sew
al school districts in such county, in proper
on to the amount of such balance or excess
iseI by said taxes on dogs in each or in the
veral townships or boroughs forming such
stricts, respectively, and shall notify the
hoo Treasurer OF such district how much it
entitled 10 OF such moneys, and shall pay the
me TO such School 1reasurers 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 af-
ct the provisions of any special law IN relation
tue same subject in any county in this Com
onwealth.
SEC. 10. That the Sheriff of each county, on
c request of the County Commissioners, shall