Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05

owns such dog, forfeits to the person
injured the amount Of the damage done,
provided the said damage was not oc
casioned through the fault of the person
injured; to be recovered by an action of
trespass.
Section II. Whenever any sheep.
lambs. or other domestic animals. owned
by a resident Of this state are killed or
injured by dogs, such owner may MAKE
complaint thereof to the mayor of the
city, or to one Of the municipal officers
Of the town or plantation where such
damage was DONE within seven days af-
ter he has knowledge of the same, and
thereupon the municipal officers shall
Investigate the complaint, and If salts
fed that the said damage was commit
ted by dogs within the limits of their
mate the damage thereof according to
the full value and fifty per cent addi-
tional for which they are kept, whether
as breeders or for other purposes, and
direct that the same. shall be paid from
the town treasury.
If the municipal officers and the own
er Of the sheep or domestic animals are
unable to agree as to the amount OF the
damage which shall be paid the amount
be selected in manner following: One
referee to be chosen by the municipal
officers. one by the owner of the animals
injured or killed, and the third by the
two referees already selected In ease
one party refuses or neglects to select
referee, the other party, after thirty days
sal damage was given or received, Shall
select two referees, and the two select
ed shall choose the third. The said
referees shall submit a written report,
signed by a majority within fifteen days
from the date Of their appointment,
stating the amount to be paid by the
be final and the expenses of the referees
shall be divided equally between the
owner Of the animals and the town, city
or plantation.
Any town paying such damages
caused by dogs may maintain an action
on the case against the owner or keeper
Of such dogs to recover the amount paid,
not exceeding the actual damage COM
mitted and fifty per cent additional
Any person who keeps a dog that Kills
or Injuries sheep or lambs shall be fined
not less than fifty dollars nor exceeding
enc hundred dollars and costs, unless
before the final disposition OF the case.
the said owner or keeper OF the SAD dog
produces satisfactory evidence hat the
dog has been killed.
other domestic animals are killed "r IN
jured by two or more dogs at the same
time kent by two or more owners or
keepers. the said owners or keepers Of
said dogs shall be jointly and severally
liable for such damage.
Section 10 When any city. town or
plantation shall have paid damages to
The owners of sheep lambs, or. other do
mestic animals. as provided IN section
the amount Of such damages cannot be
collected from the owners or keepers OF
said dogs or the dog or dogs Sc causing ing
mayor Of such city, or the municipal or,
Hcers of said town or plantation, snail
forward to the state auditor a statement
amount so paid and the state shall re-
imburse such city, town or plantation
to the amount of such damage from the
fund received by said state under sect:un
four and so much as may he necessary
is hereby appropriated to pay the Gs.c same ne;
Section IA. All money received oy
the treasurer of state as provided i'll sec
ton four and remaining uneXpended at
the end of the year shall be credited to
the several cities. towns and planta-
tons upon their state tax in proportion
TO the amount each has paid into the
state treasury under the provisions OF
this act and 50 much thereof as remains
unexpended as aforesaid, is hereby ap-
proprated TO nay the same; proEldHd
however that the amount to be refund
ed to such plantations that are taxed as
wild lands shall be paid direct IT, me
plantation treasurer instead of beng
Section Is. Any mayor. selectman,
clerk constable. or police officer who re-
fuses or wilfuly neglects to perform the
ing sections shall be punished by INC
OF not less than ten nor more than iiftJ
Section 1G Whoever steals. INJURIES
or confines and secretcs any registered
dog. or kills any such dog, eXctp, as
and unless such killing be iustifable in
the protection of person. property or
game. shall be liable to tn" owner III
civil action for the full value OF the
Section II Any person may at any
time lawfully kill any dog, found hunt
ing OF chasing moose. caribou, or deer.
or any dog kept and used for that nuG
pose. Any person may lawfully XIV a
dog which suddenly assaults him or
another person when peaceably walking
or riding or is found worrying, wound
ing. or killing any domestic animal
when said dog is outside of the tnrloS-
Immediate
keeper.
or finds dog stroling outside of the
premises or immediate" care of its keep
or. and the said dog is not safely muz-
thereafter make writer, complaint be
fore the municipal or police c1|rt hay
Ing jurisdiction in the city or town
where it's owner or keeper resides. or in
case there is no court before Il trial
justice in said town. that he really he
lieves and has reason tn belize" thdt
said dog is dangerous and Vicious.
whereupon said court or trial justice
shall order said owner or keeper 10 APP
pear. and answer to said complaint ny
with n copy of said complaint aud order
a reasonable time before the day SCI for
the hearing thereon; and if UPON near
ing. the court or trail Justice is satisfied
that tho complaint is true lac shall order
the dog to be killed and the owncs or
Section 10, If dog. whose owner or
keeper refuses or ncglccts To comply
with said order wounds amy person Nv
sudden assault as aforesaid. or
wounds and kills any domestic animal.
the owner or keeper shall pay the person
injured treble damages and costs. to be
recovered by an action on the ease.
Section 20, Dogs kept in unorGanzod
plantations shall be licensed by lher
owners or keepers in the oldes- adjon-
ing plantation or town. In case there is
no adjoining town or plantation. Saln
dogs shall be licensed in the near, st
town or plantation.
Section 81, For the purposes of this
act. all trial justices. municipal ana
police courts shall have concurrent Iu-
risdiction with the superior and supreme
judicial court. All actions shall I've II"
complaint or indictment unless other
wise specified All fines imposed shall
he paid into the treasury whore the of
Tense is committed and shall he used
for the benefit of the town uni IS 9TH
erwise provided.
Section %. All acts inconsistent with
this act are hereby repealed (Approved
April 81
Chapter 223.
An Act to correct certai in clerical errors
in AN Act to amend an Act entitled
An Act to create lion on manufac-
tured Slaves and Laths'. approved
March eighteenth. nineteen hundred
and nine,
Tho act entitled "Au Act to create n