1 SHEEP INJURED BY DOGS. Sheep Injured by Dogs. 1 R. S., 704. The first nine sections relate to the taxation of dogs. 29 ers to ascer § 10. The owner of any sheep or lambs that may be Fence-viewkilled or injured by any dog, may apply to any two tain dama fence-viewers of the town, who shall inquire into the ges to sheep. 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 sheep killed or hurt, and the amount of damages sustained thereby by the owner together with the value of the sheep hurt or killed. cate evid § 11. The said certificate shall be presumptive evi- Their certifidence of the facts therein contained in any suit that may ence. be brought by the party injured against the owner or possessor of any dog if it shall appear on the trial of such suit, that due notice was given to the owner of the dog of the intended application to the fence-viewers. for damages. 12. If the party injured cannot discover the owner Applications or possessor of the dog 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, the said Supervisor shall lay the same before the board of Supervisors of the county at their next meeting. when to be 13. The board of Supervisors shall issue their or- Payments der on the County Treasurer, for the amount of the da- ordered mages appearing by the certificate 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 cannot be discovered, or shat 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 constituted by fund. the eighth section of this title, and from no other monies. From what recovered § 14. If after receiving the amount of such damages If Damages from the County Treasurer, the owner of the sheep so to be refunkilled or injured shall recover the value thereof from ded. the owner or possessor of any dog, he shall refund and pay 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 in to the County treasurer the sum so collected. Dog chasing § 15. Any person may kill any dog which he may see chasing worrying or wounding any sheep, unless the same shall be done by the direction or permission of the owner of the sheep or his servant. sheep to be killed. Penalty for not killing dog. When Jus tice may or dog to kill it. § 16. The owner or possessor of every dog to whom notice shall be given of any injury done by his dog to any sheep. or of his dog 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 of the said penalties, that it was not in the power of such owner or possessor to kill such dog. § 17. If any dog shall attack any person peaceably der owner of travelling on any highway, or any horse in a carriage or upon which any one 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. Penalty for neglect.! Supervisor to sue for penalties. § 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. § 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 moneys 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 the owners of sheep. § 20. Every person in the possession of any dog or who shall suffer 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. Fence-viewer's Certificate under Section 10. The undersigned, two of the fence-viewers of the town of Pittsford, having met at the house of Peter Smith, in said town, on the 20th day of June, 1849, for the purpose of viewing the sheep of the said Peter Smith, injured or killed by dogs, do certify that we have inquired into the matter and viewed the sheep of the said Peter Smith, and have examined witnesses in relation thereto; and we further certify that we are satisfied that the same were killed or hurt only by dogs, and in no other way; that the number of the sheep killed was ten, and the number hurt fifteen, and the amount of the damages sustained thereby by the said PeterSmith was thirty dollars, and that the value of the sheep killed or hurt was twenty-five dollars. Given under our hands at Pittsford, the day and year aforesaid. Who owner. Affidavit of Owner of Sheep, under Section 12. Peter Smith above named being duly sworn deposes and says, that he has hitherto been unable to discover the owner or possessor of the dog or dogs by which the damages mentioned in the above Certificate, was done, (or has failed to recover Notice to work when his damages by suit or otherwise from the owner or Subscribed and sworn this 20th PETER SMITH. GEORGE EDDY, J. Peace. If the party injured has never discovered the owner of the dog, then the former part of the affidavit must be used, but if he has found the owner but has been unable to obtain or recover his damages by suit or otherwise, then the latter must be used. If the owner or possessor of the dog be known, he must be sued and there must be a failure to collect before it can be paid out of this fund. The manner of collecting the dog tax has been amended by an Act passed April 20, 1835, which provides that the Supervisors, instead of the Assessors, shall issue their warrant to collect the same, and the balance, after satisfying damages (if any remain in the Treasurer's hands,) shall be paid over to the town which raised the tax tor the support of the poor therein. For the Counties of Richmond, Rockland and Westchester, see Act passed April 25, 1832, and the said Act was by the Act of 1835 extended to the Counties of Columbia, Dutchess, Allegany and Cattaraugus—a special Act for the County of Queens was passed April 11, 1845, and another April 6, 1848, and the Act of 1832, so far as it applied to the County of Westchester was amended by the Act of 1843. Non-resident's Highway Tax. 1 R. S., 508. § 32. It shall be the duty of the Overseers of Highto be done. ways to give at least twenty-four hours' notice to all persons assessed to work on the highways, and residing within the limits of their respective districts, of the time and place, when and where they are to appear for that purpose and with what implements; but no person being a resident of the town, shall be required to work on any highway, other than in the district in which he resides, unless he shall elect to work in some district where he has any land; and in such case he may, with the approbation of the Commissioners of highways, apply the work assessed in respect to such land, in the district where the same is situated. Non-resi § 33. It shall be the duty of the several Overseers Notice to of highways to notify the agent of every non-resident ents. land holder, whose lands are assessed (if such agent reside in the town where such assessment is made,) of the number of days such non-resident is assessed, and the time when, and the place where the labor is to be performed; which notice shall be given at least five days previous to the time appointed. § 34. If the Overseer cannot ascertain that such Ib. non-resident has an agent within such town, he shall affix a written notice on the outer door of the building in which the last town meeting in such town was held, containing a list of the names of such non-residents when known, and a description of the tracts of land comprised in his list, together with the number of days labor assessed on each tract, and a specification of the time when, and the place where such labor is to be performed; which notice shall be posted at least twenty days before the time appointed for performing such labor. work. §35. Every person liable to work on the highways Commut shall work the whole number of days for which he tion for shall have been assessed; but every such person, other than an overseer, may elect to commute for the same, or some part thereof, at the rate of sixty-two and a half cents for each day, in which case such commutation money shall be paid to the Overseer of highways of the district in which the person commuting may reside, to be applied and expended by such Overseer in the improvement of the roads and bridges in the same district. non-resi $47. Every Overseer of highways shall, on or be- Proceedings fore the first day of October, in each year, make out to collect and deliver to the Supervisor of his town, a list of all dent's tax. the lands of non-residents, and of persons unknown, |