1378 LAWS OF MARYLAND. [Ch. 790]

Ibid. sec. 9.

197. That when any resident of Montgomery county shall
have any domestic fowls or animals destroyed or injured by
dogs, he may apply to any justice of the peace of said county,
who shall appoint three disinterested persons as appraisers to
view and appraise the damages by him sustained, and they or a
majority of them, shall, under oath, state in writing to the
county commissioners the number of fowls or animals so killed,
the character and extent of the injury, if any, and the amount
of damages sustained by the owner, and in like manner they
shall give a general description of both the destroyed and
injured fowl or animals, and both the appraisers and the
owners shall make oath that they believe the same to have
been destroyed or injured by dogs, and they or either of them
shall state under oath the names of the owners of said dogs,
and when the report of such proceedings shall have been filed
in the office of the county commissioners the said commissioners
shall review said report, and if in their judgment the amount
of damages stated is unfair they shall award such amounts as
they may deem fair; provided, that before the commissioners
shall make any reward of damages for the killing of said fowls
or animals the person claiming damages shall be required to
prove to the satisfaction of the county commissioners that he
does not know and is unable with reasonable diligence, to ascer-
tain the owner of the dogs which did such damage, or if the
said owner is known, to prove to the satisfaction of said com-
missioners that it is impracticable to collect the amount of dam-
age sustained by suit against the owner of said dogs; and in
case any dog shall be known to kill any domestic fowls or ani-
mals it shall be lawful for any person to kill such dog, and in
case of damage to any person by reason of loss or injury to his
domestic fowls or animals shall be from dogs, either his own
or kept upon his premises, she shall be entitled to no compen-
sation under this act; and provided, further, that said county
commissioners may allow the costs of appraisement or such
proportion thereof as in their discretion may seem reasonable
out of said fund in each case where such damages are allowed;
and may also allow payment for the treatment by the Pasteur
or other treatment, of any person who may be bitten by a mad
dog, cat, horse or other animal, and who is unable to pay for
such treatment for himself or herself, out of such fund, if in
the judgment of said county commissioners the circumstances
justify such action.