The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-24
TAE sheep BILL
HOUSE BILL NO. 81 BY Mr.. MAX
WELL RELATING 70 PRorEc-
TON OF SHEEP FROM
DOCS.

4 > nv"
DOGS.
CHARLESTON, Jan. ga bfiil TO
amend and re-enact sections /, 8 and
70. 9a:2. sa,4, 9a.s. ga.7sof chapter six.
ty-two OF the code Of 1893, relating to
the protection Of sheep, lambs. goats
or kids, from chasing. worrying and
killing by dogs; the taxing and max.
ing personal property OF dogs, and
their protection as such.
tJanuary IA, 1907 Introduced By
Mr.. Maxwell. Referred to the com.
Inittee on the judiciary. Ordered
printed by the committee on the JUL.
ciay)
Be It enacted by the Legislature of
West Virginia:
l. That sections q, s. o. Sal, sag,
ga.S, ea-4, sa-e. 9a-7 Of chapter sixty.
two of the Code Of West virginia Of
1889, be amended and re-enacted SO
as to read as follows:
Sec. D. Any person may kill any
dog that he may see chasing. wor.
rying, wounding or killing any sheep,
lambs. goats or kids outside OF. the
enclosure Of the owner of such dog,
unless the same be done by direction
of the owner of such sheep. lambs,
goats or kids.
Sec. s. II any dog shall have kill.
ed or assisted in killing, wounding or
worrying any sheep, lambs, goats or
kids out of the enclosure of the own.
ers OF such dog. the owner or keeper
of such dog shall be liable to the own.
er of such sheep, lambs. goats or kids
in the amounts OF the damages sus.
tanned, to be recovered in an action be
fore any court or Justice having 1uris.
diction OF such action; and It shall
not be necessary to sustain such &c.
ton. to prove that the owner or keep
er of such dog, knew such dog was
accustomed to do such worrying, XIII
ing or wounding, but a recovery ur-
der this section shall bar and preciuds
the owner of such sheep, lambs, goats
or kids from obtaining compensation
from the county court, and wien com.
~pensatfon is obtained from the coun.
ty court any law which is now or may
hereafter be in force, then tile conn
ty wherein the payment is! made, is.
authorized to sue under this section.
and recover as the owner. of tffs
sheep, lambs. goats or kids; might
have done, and the amount SO, recoy.
cred shall be paid into tire county
treasury. But no suit Shall be com.
menced unless authorized BY the,
county court. Any person who shalT'
harbor or secrete or aid in secreting!
amy dog which he knows or has rea.,
son to believe has worried, cfiased or
KILLED any sheep, lambs; goats or kids,
mot the property Of the owner of
such dog) out OF his enclosure. or
knowingly, permits the same to be.
done on any premises under his con.
troll, sharf be guilty Of a misdemeanor,
and upon conviction thereof before.
any court or justice having ihrisdlc.
tfon thereof, in the county in which
the offense IS committed. be fined not
less than ten dollars nor more than,
fifty dollars, and at the discretion Of
the court or Justice. imprisoned in, the
county Jail not more than thirty
days; and each day that snch dog is.
SO harbored, kept or ~secreted, shah
constitute a separate offense.
Sec. 9. The owner or Keeper Of:
any dog that has been, worrying,
woundFng, chasing or killing an.
sheep. lambs, goats or kids. mot the
property of such owner or keeper,.
out Of his enclosure shall, within for
[ty-eight hours after having received
notice thereof in writing from reliable
and trusty source. under oath, cause
such dog to be killed. IL the, owner
or keeper refase to kill said dog as
~herefnbefore provided, any Justice of
the peace upon Information, shah
summon the owner or keeper OF said
dog, and after receiving satisfactory
proof that his dog did the mischief,
shall issue a warrant on application
! being made by the owner of sheep