Year: 1862

lnatlOn that he has not sufficient money
or property to pay such license, or that
he did not own or keep any dog liable
to be licensed at the time the license
list was made by the assessor, he shall
be forthwith discharged.


Sec. 7. Whenever it shall appear
from examination, as provided in Sec
ton five of this act, that such person
has not sufficient money or property to
pay such license, then it shall be the
duty Of the treasurer or any constable
or police officer, and lawful for any per-
son, to kill or cause such dogs to be de-
stroyed; and any person who shall kill
or destroy any such dog shall, upon
proof thereof, receive fifty cents out of
the license fund, for each dog destroy
ed by him.


Sec. s. If any license money shall
remain unpaid on the first Monday of
February, or at the end of sixty days
from the time such treasurer received
such license list for collection, he shall
make out and deliver to the clerk of
such town, city or village, a statement
in writing, containing the names of the
persons and the amount Of license re-
naming unpaid, and he shall make out
and subscribe an affidavit to such state
ment, before some Justice of the peace
or other person authorized to admins
ter oaths, that the license mentioned in
such statement remains unpaid, that he
has complied with the requirements of
the law, and that after di:igent efforts
he has been unable to collect the same.


Sec. 9. The owner Of any sheep or
lambs suffering loss by reason of wor-
ryjng, manning or killing thereof by
dogs, may present within thirty days
after such loss shall come to his knowl-
edge, to the mayor or alderman alder
men Of the city, the president or trus-
tees of any incorporated village, or su-
pervisors Of the town, wherein the dam
age is done, proof thereof, verified by
oath or affirmation; and thereupon the
said officers shall draw an order in fa-
vor of the owner of said sheep or lambs,
upon the treasurer of said town, city or
incorporated village, for the amount Of
such loss. The treasurer shall register
all such orders in full at the time of
their presentation, and shall annually.
on the first Tuesday in April, pay all
such orders IN full, if the gross amount
received by said town, city or incorpo-
rated village, under the provisions Of
this act, up to such date, after deduct
ing all sums previously paid out under
such provisions, if be sufficient there
for; otherwise, the treasurer shall di-
vide said amount, after deducting
as aforesaid, pro rata, among said
orders, and in full discharge thereof:
provided, that all surplus license money,
if any there should be, in the treasury
Of said town, city or Incorporated viii
lage, after lying in said treasury six
months, shall be paid into the fund for
the support of schools in said town, city
or village.


Sec. 10. Any officer Of any town, city
or Incorporated village, who shall refuse
or neglect to perform the duties impos-
ed upon him by this act, shall be pun
ished by fine not exceeding twenty dol
lars for every twenty-four hours which
he shall so neglect or refuse, which
shall be paid into the treasury of such
town, city or Incorporated village.


Sec. II. All fines and forfeitures i'm
posed as penalty for the violation of
any of the provisions of this act, or
neglect of any duty imposed by the
same, shall be presented by complaint
before a justice of the peace Of the
proper jurisdiction, and no mere tech
nical objection to the complaint shall
be alleged to defeat a prosecution so
commenced; and prosecutions for fines
and torfeitures, under this act, shall be
in the name of the state of Wisconsin.


Sec. l2. In all cases under the pro-
visions of this act, when any person or
corporation shall be entitled to recover
damages, the same shall he recovered
in civil action, prosecuted according
to the laws of this state; and in cases
where the action shall be prosecuted
by city, the action shall be prosecu-
ted by the mayor or chief officer OF
such city as plaintiff; and when the ac-
ton shall be prosecuted by an incorpo-
rated village, the action shall be in the
name of the principal officer of such
village as plaintiff; and when the ac-
ton shall be prosecuted by town, then
the chairman of the board of superyi-
sors shall prosecute the same.


Sec. Is. Chapter IT'S of the general
laws of 1860, entitled can act to regu-
late the license and keeping of dogs"
and all other acts inconsistent with the
provisions of this act, are hereby re.
pealed: provided, that nothing in this
act shall be so construed as to repeal
chapter 4S of the revised statutes, and
said chapter As IS hereby declared TO-
be aud to remain in full force.