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within three months after the commission of the offence, and shall be TITLE 17. applied for the use of the poor.

TITLE XVII.

OF DOGS.

SEC. 1. Tax upon dogs in every county except New-York.
2. Duty of assessors to make lists of owners of dogs, &c.
3. Owner of dog to deliver description on demand; penalty.

4. Tax, how collected; to whom to be paid.

5. Duty of collector; his authority and liability.

6. Dog may be killed, after 5 days neglect to pay tax.

7. Commissions to collector.

8. Application of monies collected by tax.

9. Owner of dog killing, &c. sheep, absolutely liable for damages.
10. Damages from injuries to sheep by dogs, how ascertained.
11. Certificate of fence-viewer, how far evidence.

12. Application for damages to supervisor, how made.

13. When board to order payment; from what fund to be paid. 14. Owner to refund amount, if subsequently recovered by him. 15. Dogs chasing, &c. sheep, when they may be killed.

16. Penalty on owner of dog for not killing it, after notice, &c. 17. When owner of dog may be ordered by justice, to kill it.

18. Penalty for disobeying such order.

19. Supervisor bound to prosecute for penalties; to pay over recoveries. 20. Who to be deemed owners of dogs, within this Title.

except in

$1. In all the counties of this state, except the county of New- Tax on dogs, York, there shall be annually levied and collected the following tax New-York. upon dogs upon every bitch of three months old or upwards, kept by any one person or family, two dollars; upon every additional bitch kept by the same person or family, five dollars; upon two dogs, of six months old or upwards, other than bitches, kept by one person or family, one dollar; upon every such dog more than two kept by the same person or family, three dollars. 52

$ 2. The assessors of any town, at the time of making their annual assessments, shall inquire and ascertain the number of dogs liable to be taxed; and shall enter in lists to be made by them, the name of every person in their respective towns, then owning or keeping any dog, subject to the above tax, the number kept by such person, and the whole amount of the tax to be paid by him.52

Duty of as

sessors.

deliver de

S3. The owner or possessor of every dog liable to the above tax, Owner to shall, whenever required by any assessor, deliver to him a descrip- scription. tion in writing of every such dog, owned or possessed by him. For every neglect or refusal so to do, and for every false statement, made in any description so furnished, he shall forfeit five dollars, to be recovered by the supervisor of the town.52

lected; to

$ 4. The assessors of every town shall within the time required Tax how colby law for the completion of their assessment rolls of real and personal property, make out a duplicate of the lists so by them made,

(52) Laws of 1826, p. 149, § 1, 2, 3, 5 & 7.

hom to be

paid.

[PART 1. TITLE 17. containing the names of the owners and possessors of dogs liable to taxation, with the amount payable by each person, and annex thereto a direction to the collector of the town, to levy, raise and collect the several sums in such lists specified, of the persons respectively, opposite to whose names the said sums shall be set, according to law, and pay over the same, after deducting his legal commissions, to the county treasurer; which shall be signed by them and be immediately delivered to the town collector. 53

Duty of collector, pro

bility.

$5. The collector to whom such list shall be delivered, shall proceedings, lia ceed and collect the sums of money therein specified, within sixty days from the time of such delivery, in the same manner and with the like authority, in all respects, as in the collection of taxes imposed by the supervisors of the county, and shall pay the same to the county treasurer, after deducting the commissions allowed by law; and the same remedies to compel such collection and the payment over of the monies collected, may be had against such collectors and their sureties, as in the case of taxes levied by supervisors. 53

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Liability of owners of

ries.

$6. If any person duly assessed shall refuse or neglect to pay the tax so assessed, for five days after demand thereof, it shall be lawful for any person to kill the dog so taxed. 53

$7. The collectors shall be allowed to retain a commission of five dollars upon the hundred dollars, and at that rate upon all sums collected by them, pursuant to the directions of the assessors, 53

$8. The monies so collected and paid to any county treasurer, shall constitute a fund for the satisfying such damages as may arise in any year from dogs killing or injuring sheep in such county, and the residue for the use of the poor of the county."

53

$ 9. The owner or possessor of any dog that shall kill or wound dogs for inju- any sheep or lamb, shall be liable for the value of such sheep or lamb to the owner thereof, without proving notice to the owner or possessor of such dog, or knowledge by him, that his dog was mischievous or disposed to kill sheep."

Fence view

ers to ascer

by injuries to sheep.

$10. The owner of any sheep or lambs that may be killed or intain damage jured by any dog, may apply to any two fence-viewers of the town, who shall inquire into the matter, and view the sheep injured or killed, and may examine witnesses in relation thereto, for which purpose either of them shall have power to administer oaths. If they are satisfied that the same were killed or hurt only by dogs, and in no other way, they shall certify such fact, the number of the sheep killed or hurt, and the amount of the damages sustained thereby by the owner, together with the value of the sheep hurt or killed.5

55

(53) Laws of 1826, p. 149, § 1, 2, 3, 5 &7. (54) 1. R. L. p. 169, § 1, and act of 1826. p 149, § 6. (55) Laws of 1826, p. 149, § 5 & 6.

$11. The said certificate shall be presumptive evidence of the TITLE 17. facts therein contained, in any suit that may be brought by the party Their certifiinjured against the owner or possessor of any dog, if it shall appear on cate ovidence the trial of such suit that due notice was given to the owner of the dog of the intended application to the fence-viewers.56

for damages.

S 12. If the party injured can not discover the owner or possessor Applications of the dogs by which such damage was done, or shall fail to recover the value of the sheep killed or injured, against such owner or possessor, he may apply to the supervisor of the town, and upon producing to him the certificate of the fence-viewers, made as aforesaid, and his own affidavit that he has not been able to discover such owner or possessor, or that he has failed to recover his damages from such owner or possessor, the said supervisor shall lay the same before the board of supervisors of the county at their next meeting. 56

when to be

$ 13. The board of supervisors shall issue their order on the coun- Payment ty treasurer, for the amount of the damages appearing by the certifi- ordered: cate of the fence-viewers, to have been sustained by the owner of any sheep killed or injured by dogs, where they shall be satisfied that the owner or possessor of such dogs can not be discovered, or that the party injured has failed to recover such damages of such owner or possessor; which shall be paid by the county treasurer, from the fund from what constituted by the eighth section of this Title, and from no other mo- made. nies, 56

fund to be

recovered

to bo refunded.

$ 14. If after receiving the amount of such damages from the coun- If damages ty treasurer, the owner of the sheep so killed or injured shall recover subsequently the value thereof, or any part of such value, from the owner or possessor of any dog, he shall refund and repay to the county treasurer the sum so received from him, for which it shall be the duty of the supervisor of the town to bring an action against such owner, in case of his refusal, in the name of the county treasurer, and to pay into the county treasury the sum so collected. 50

56

ing, &c. sheep,

§ 15. Any person may kill any dog which he shall see chasing, Dogs chanworrying or wounding any sheep, unless the same shall be done by to be killed. the direction or permission of the owner of the sheep, or his servant. 57

&c. owner of

$ 16. The owner or possessor of every dog, to whom notice shall After notice, be given of any injury done by his dog to any sheep, or of his dog dog to kill it. having chased or worried any sheep, shall within forty-eight hours. after such notice, cause such dog to be killed; for every neglect so to do, he shall forfeit two dollars and fifty cents, and the further sum of one dollar and twenty-five cents for every forty-eight hours thereafter, until such dog shall be killed, unless it shall satisfactorily appear to the court before which a suit shall be brought for the recovery (56) Laws of 1826, p. 149, § 5 & 6. (57) 1 R. L. 169, § 1 & 7.

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TITLE 18. of the said penalties, that it was not in the power of such owner or possessor to kill such dog. 58

may order

to kill it.

$ 17. If any dog shall attack any person peaceably travelling on owner of dog any highway, or any horse in a carriage, or upon which any person shall be mounted, and complaint thereof be made to a justice of the peace, such justice shall inquire into the complaint, and if satisfied of its truth, and that such dog is dangerous, he shall order the owner or possessor of such dog to kill him immediately.59

Penalty for neglect.

Supervisor to

sue for penal

ties.

Who to be deemed own.

$ 18. The owner or possessor of any dog, who shall refuse or neglect to kill him within forty-eight hours after having received such order, shall forfeit the sum of two dollars and fifty cents, and the further sum of one dollar and twenty-five cents for every forty-eight hours thereafter, until such dog be killed. 59

3 19. Upon complaint being made to any supervisor of a town, of any penalties imposed by this Title having been incurred, he shall commence a suit, for the recovery thereof, in his name of office, and prosecute the same with due diligence; and the monies recovered shall be by him paid to the county treasurer, to be added to the fund herein before provided for the satisfaction of damages sustained by owners of sheep.

$ 20. Every person in possession of any dog, or who shall suffer ers of dogs any dog to remain about his house for the space of twenty days, previous to the assessment of a tax, or previous to any injury, chasing or worrying of sheep, or any such attack made by a dog, shall be deemed the owner of such dog, for all the purposes of this Title.60

Bounty for killing

TITLE XVIII.

OF THE DESTRUCTION OF WOLVES, AND OTHER NOXIOUS ANIMALS.

SEC. 1. Bounty allowed for killing wolves and their whelps.

2. Head of wolf to be taken to a justice of the town; duty of justice.

3. Claimant of bounty to be examined on oath, &c.

4. When certificate to be granted; ears and scalp of wolf to be destroyed, &c.

5. Certificate, &c. to be left with supervisor, who may require further proof.
6. Certificate, &c. to be laid before board of supervisors; proceedings by them.
7. Duplicate certificates to be made and delivered to county treasurer, who is to pay

bounty.

8. One half of bounty to be charged to the state; vouchers to be sent to comptroller

9. Comptroller to examine accounts; may require further proof.

10. Proceedings if further proof be not given; effect of comptroller's decision.

11. Sums allowed by comptroller to be paid to county treasurer.

12. Supervisors of certain counties may allow bounties for killing wolves and panthers. 13. Punishment of justices and officers for giving false certificate.

$1. Every person, being at the time an inhabitant of this state,

Coun

wolves, &c. who shall kill a full grown wolf, or a wolf's whelp, within any ty of this state, shall be entitled to a bounty of ten dollars, for each

(58) 1 R. L. 169, § 1 & 7. (59) Ib. § 2. (60) Laws of 1826, p. 149, § 4

full grown wolf, and five dollars for each wolf's whelp, to be allow- TITLE 18. ed and paid in the manner herein after provided.61

tice, &c.

$ 2. Every person intending to apply for such bounty, shall take Head to be every wolf or wolf's whelp killed by him, or the head thereof with carried to justhe skin and ears entire thereon, to one of the justices of the peace of the town in which such wolf or whelp shall have been taken, who shall thereupon associate with himself one of the assessors or overseers of the poor, or commissioners of highways, of such town, to act with him in deciding upon such application.61

be examined,

$3. The person claiming such bounty shall then and there be Claimant to sworn by such justice, and shall state, on oath, the time and place &c. when and where every wolf or wolf's whelp for which a bounty is claimed by him, was taken and killed. He shall also submit to such further examination, on oath, concerning the taking and killing such wolf or whelp, as the justice and officer associated with him may require, and the statements made by him on such examination shall be reduced to writing, in the form of an affidavit, which shall be subscribed by the person making it.61

when to be

S 4. If it shall appear to the justice and officer associated with him, Certificate, upon such examination, that the wolf or whelp was taken and killed granted. within this state, by the person applying for the bounty, and that the mother of such whelp was not taken before she brought forth the same, they shall cut off and burn the ears and scalp of such wolf or whelp, and deliver to the person so applying a certificate of the facts, annexing thereto the original affidavit made and subscribed by such person. And every justice who shall issue any such certificates, shall To be numregularly number all the certificates issued by him during each year, and shall mark such number and year on each certificate.61

bered, &c.

with supervi

$5. The certificate, with the affidavit so taken, shall, within five To be left days after the date thereof, be delivered to the supervisor of the town sor. where the same was made, or be left at the dwelling-house of such supervisor, in case of his absence. If such supervisor shall doubt the correctness of the certificate or affidavit, he shall give notice to the quire further person claiming the bounty, to give further evidence of the correctness thereof, and shall retain the papers in his hands, until such further proof shall be made.61

He may re

proof.

&c. to be presented to board of supervisors.

S6. If such supervisor shall have no doubt as to the correctness of Certificate, such certificate and affidavit, or if his doubts shall be removed by further proof, he shall lay such certificate and affidavit before the board of supervisors of the county. If the board shall be satisfied that such certificate and affidavit are just and correct, they shall award to the person to whom such certificate shall have been granted, the bounty

(61) Laws of 1822, p. 26, § 1, 2, 3, 4, 5, 8 & 11.

Proceedings of board.

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