Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-25
UNDERWRITING SHEEP OWNERS.

UNDERWRITING SHEEP OWNERS.
An Act Entitled IAN Aos %Indemnifying the
Owners of Sheep in case of Damage by Dogs,
and Creating Fund to pay for the Same by a
Tax on Dogs"
Be it Enacted By the Legislative Assembly of the
State of North Dakota.
SEC. l. ASSESSORS TO MAKE LIST. That
each county and township assessor in this
state when making the assessment shall
annually make a list of the names of all
persons who own or keep a dog or dogs,
and set opposite the name of sue owner
or keeper the number of dogs he or she has
in his or her possession, or that Is or are
kept on his or her premises, which list
shall be returned by such assessor to the
auditor of the county in which said list is
taken as soon as the assessment is COM
pleted.
SEC. 2. LICENSE FEEL The county
auditor shall charge upon the collectors
book against the name of each person re-
ported and retained as the owner or keeper
of a dog or dogs, as a license fee the sum
Of ST. for each male and 50 for each female
dog owned or kept by such person, which
fee shall be collected at the same time and
in the same manner as taxes upon personal
property. In counties not under township
organization, the collector shall pay the
amount received from the license aforesaid
to the treasurer of his county, and in
counties under township organization the
sum so collected in each town shall be paid
who shall first give to the people
of the state of North Dakota, for the use
of the inhabitants of his town, a BOND with
at least two suretieS to be approved by the
board of supervisors of such county, in
double the sum of such license fees in his
town conditioned that he will faithfully
pay out said fund as hereinafter provided.
Said bond shall be filed and remain in the
office of the county auditor OF the proper
county.
SEC. 3. LICENSE FUND, HOW AID OUT.l
1t h be the duty of the county treas
urers and supervisors having the custody
of the funds collected as license fees as
aforesaid, to pay the same out IN the man
ner following:
First. By such county t%reasurers to the
ownership of sheep in their respective
counties and by the supervisors to the
owners of sheep in their respective towns,
who shall make proof to them before the
first Monday in March in each year of loss
or injury to sheep by dogs, other than
their own, the full amount of the loss or
ff5n c}ppy So SO pro ps9yteSd a if f,m there e are ,1d FUNDS Is s adt
sufficient funds to pay such loss or injury
in full, then the owners of sheep so sus-
tanning loss or injury as aforesaid, and
making proof thereof as In this act pro-
vided, shall be paid out of such fund in
proportion to his or her loss or injury, or
his or her prO.rata share thereof.
Second. If there be a balance of said
treasurer or town supervisor after
paying the losses and injuries
sustained as aforesaid, such balance
shall be turned into the current county
funds in counties not under township or
ganization, and be appropriated as the
county board may direct. and by the super
visurs OF the town in counties under town
ship organizations, into tie general fund
of the town, to be disposed of as such town
shall see proper.
SEGA PAYMENT NOT TO BAR ACTION
wHEN.] The payment to any owner of
sheep OF money for damages resulting from
loss or injury to his or her sneep, shall not
be a bar to an action by such wne against
the owner or keeper of the dog or dogs
committing such injury or causing such
loss for the recovery of damages therefor.
The court or jury before whom such action
is tried shall ascertain for evidence what
portion, If any,, of the damage sought to be
recovered in such action has been paid to
the plaintiff in such action by the county
treasurer or supervisor of the proper coun-
ty or town; and i'll case the plaintiff in
such action RECEIVERS damages, the court
shall enter Judgment against the defendant
in the name of the plaintiff, for the use of
the proper county or town, as the case may
be, for the amount which the plaintiff has
received on account of such damages from
the county treasurer, or supervisor of the
proper county or town, if such recovery
shall equal or exceed the amount so receiv-
ed by such plaintiff from the county treas
nrer or town supervisor Of his county or
town; and the residue of such recovery, if
any there be, shall be entered in the
name Of the plaintiff in such action TO
his own use: If the amount of recovery in
such action shall not equal the amount pre-
viously paid to the plaintiff on account of
such damages by the county treasurer. or
the town supervisors of the proper county
or town. then the judgement shall be en-
tered as aforesaid for the use of such, coun-
ty or town for the full amount of sucn re-
covery. Writs of execution issued upon
such judgment shall show On their face
what portion of the judgement is to be
paid to the proper county or town. and
what portion is to be paid to the plaintiff
in such action. and the judgement when
collected shall be paid over to the parties
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