PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 413

SEC. 5. And be it enacted, That if any constable shall neg-
lect or refuse to perform his duty as set forth in this act he
shall be subject to prosecution for malfeasance in office, and
to removal from office.

SEC. 6. And be it enacted, That the county treasurer shall
place the tax so collected to the credit of a fund to be called
"The Dog Fund" of Howard county; but if there remains in
the county treasury to the credit of the "Dog Fund" on the
first day of January of each year a sum more than sufficient
to pay the awards for damages for domestic fowls and animals
made by the County Commissioners prior to that date, such
surplus shall upon the order of the commissioners be applied
to macadamizing public roads in the county and in the district
from, which the fund is raised. And provided, further, that
said dog fund as collected shall be entered and kept as collected
from each of the election districts of Howard county, and
awards for damages shall be paid out and accounted for in
respect to each district, and no fund collected from any par-
ticular district shall be liable or applied to awards for damages
in any other district, and provided further, that should the
amount collected in any one of the election districts of Howard
county in any one year be insufficient to pay in full all awards
for damages sustained during said year, whatever awards for
damages remain unpaid at the end of said year shall be
paid as soon as sufficient funds shall have been collected in the
next year, in the order of their priority.

SEC. 7. And be it enacted, That the County Commissioners
shall direct the constables to kill any dog' for which said tax is
not paid before the first day of April in each year, and for
such service the commissioners may allow such compensation
as they may deem adequate, provide it be paid from the tax
collected on dogs, and any person opposing or in any way
hindering any constable in killing any dog in the performance
of his duty shall be fined not more than one hundred dollars nor
less than ten dollars and costs, upon conviction before any
justice of the peace in and for Howard county, and shall stand
committed to the county jail until the fine and costs are paid;
provided, however, that the owner of dogs who reside in any
incorporated town in Howard county in which dogs are taxed
by ordinance now or hereafter, shall be exempt from the opera-
tion of this act if he has procured a license from and paid for
the current year a tax on his dog to said town, and his dog
wears about his neck a tag issued by said town.

SEC. 8. And be it enacted, That every person who shall
maliciously remove from any dog wearing the legal tag pro-