EDWIN WARFIELD, ESQ., GOVERNOR.

1093

said sheep and the damages resulting therefrom; and the re-

port of the said two disinterested viewers, all of which said

papers shall be kept on files properly indexed in the Com-

missioners' office of the County Commissioners of said Alle-

gany County for inspection at any time;- provided, however,

Proviso.

that any owner of any dog or dogs who shall refuse to kill the

same after having been notified by the justice of the peace be-

fore whom such claim has been made, of the damage done by his

dog or dogs, shall be liable for all the damages and costs of

the same in suit to be instituted by the claimant before any

justice in said county.

100D. That upon the finding of any such justice so returned

to the County Treasurer aforesaid, and certified to by said

Indemnifying

justice, that such presentment of the damages was regular and

losses by dogs
killing or

duly made by said two disinterested persons, summoned as

maiming
sheep.

aforesaid, the said County Treasurer shall file all of said papers

with the County Commissioners; and if there be money in his

hands which shall have been divided from the taxes upon dogs

hereinbefore provided for, draw his order for the amounts of

said damages and costs which said claimant has sustained, ac-

cording to the report of said justice of the peace ; provided, that

no person shall receive any order for any claim until he, she

or it has made an affidavit according to law before such jus-

tice of the peace that due diligence was used to ascertain whose

dog or dogs did such damage.

100E. That if in the report of the justice of the peace, made

in accordance with the provisions of Section 100C, the name

To notify
owner to kill

of the owner or owners of any dog or dogs having caused loss

his dogs.

or damage to sheep, shall be definitely and conclusively known,

who have not complied with Section 100C of this Act, then it

shall be the duty of the County Commissioners to notify such

owner or keeper immediately to kill said dog or dogs ; and upon

failure of such owner or keeper to comply with such order within

a period of ten days, then it shall become the duty of the con-

stable of the respective districts of said Allegany County in

which said dog or dogs are kept, upon notice from said County

Commissioners, to kill the said dog or dogs, for which service

he shall be entitled to twenty-five cents for each dog so killed,

Compensation

to be paid out of the county fund that is kept for the purpose

for constable.

of paying loss or damage for killed or injured sheep, upon a

certified statement that such dog or dogs were killed by him to

the County Commissioners of said county, who shall issue such

order on the Treasurer of said county, unless payment has been

made by the owner or keeper of the dog or dogs causing such

damages, as provided in Section 100C.