2732 • ARTICLE 86.

ARTICLE 86.

SHEEP AND DOGS.1

1. Owners of sheep may kill sheep-killing dogs.

2-4. Sheep killed by dogs; remedies.

An. Code, sec 1. 1904, sec. 1. 1888, sec. 1. 1876, ch. 315.

1. If any clog shall be detected in killing, injuring or pursuing any
sheep, the owner of said sheep shall have full power and right to kill said
clog, unless said dog shall first have escaped to its owner's premises.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1876, ch. 315. 1900, ch. 275.
1910, ch. 287, sec. 2 (p. 296). 1912, ch. 832, sec. 2.

2. Any person whose sheep have been killed or injured by any dog may
proceed against the owner, keeper or harborer of such dog before any
justice of the peace of this State having jurisdiction within the county
where the killing or injury may have occurred, and such justice shall forth-
with issue a summons for the owner, keeper or harborer of such dog and
for such witness as may be necessary to ascertain the amount of damages
sustained by such killing or injuring and shall forthwith give judgment
for such damages as may be ascertained, which shall be collected as other
debts in this State are collected; and such justice shall also require the
owner, keeper or harborer of such dog to give bond, with good and suffi-
cient security in the sum of not less than fifty dollars, that such dog shall
not thereafter kill or injure any sheep; and upon failure of such owner,
keeper or harborer of such dog to give such security, then said justice of
the peace shall require some one of the constables of the county to pro-
ceed forthwith to kill such dog; and said constable for such killing shall
be allowed the sum of one dollar for each dog killed by him upon such
order by the justice of the peace as aforesaid, to be taxed against the owner,
keeper or harborer of such dog as a part of the costs in such case; pro-
vided, that nothing in this article shall be construed to prevent the right
of appeal as in other cases. This and the preceding section not to apply to
Caroline, Dorchester, Worcester, St. Mary's, Montgomery, Somerset and
Carroll counties.

An. Code, sec. 3 1904, sec. 3 1888, sec. 3. 1827, ch. 199. 1831, ch. 169.
1910, ch 287, sec. 3 (p. 297). 1912, ch. 832, sec. 3.

3. If any dog shall be detected in killing or injuring sheep, and proof
thereof shall be made by the oath of the owner of said sheep, or any other
person before a justice of the peace, the owner of said dog, upon com-

1 See art. 81 secs. 206-212.