710

ESTRAYS AND TRESPASSING CATTLE, DOGS, [ART. 67.

days next after such distress taken, and notice thereof given, with
the Cause of taking, to the owner or his agent, or left at his resi-
dence, in the event of his absence, and having no known agent,
then the person so distraining may apply to a justice of the peace

Publication of
notice before
sale

of the county, who, upon being satisfied that the notice hereinbe-
fore directed has been given, shall order him to sell the same at
public sale on ten days' notice, to be set up at three of the most
public places in the neighborhood, and if the said justice shall deem
it proper, to be inserted in any newspaper published in such county ;
and such distrainer, upon such order, with the sheriff or constable
of the county, shall cause the animals distrained to be appraised by

Appraisement

two appraisers, to be 'sworn by such sheriff or constable, and may

Sale

sell the same for the best price that can be gotten towards satisfac:

What deduc-
tions from pro-
ceeds of sale

tion of all the charges arising from such distress, appraisement
and sale, and also such damages as may have been sustained by
such distrainer, to be ascertained by the appraisers of the animals
distrained at the time of the appraisement thereof, leaving the

Overplus for
owner

overplus, if any, in the hands of the sheriff or constable for the
owner's usc.

DOGS.

1876,c 315
When dogs may
be killled

10. If any dog or dogs shall be detected in killing, injuring, or
pursuing any sheep, the owner of said sheep shall have full power and
right to kill said dog or dogs, unless said dog or dogs shall have first
escaped to his, her, or their owner's premises.

Id s 2
Damages re-
covered, before
justice of the
peace

11. Any person, whose sheep has been killed or injured by any
dog or dogs, may proceed against the owner of such dog or dogs,
before any justice of the peace of this State, having jurisdiction
within the county where the killing or injuring may have occurred,
who shall forthwith issue a summons for the owner of such dog or
dogs, and for such witnesses as may be necessary to ascertain the
amount of damages sustained by such killing or injury; and such
justice of the peace 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 of

Bond to be
given

such dog or dogs to give bond, with good and sufficient security, in
the sum of not less than fifty dollars, that such dog or dogs shall
not thereafter kill or injure any sheep; and upon failure of such
owner of such dog or dogs to give such security, then said justice
of the peace shall require some one of the constables of the county
to proceed forthwith to kill such dog or dogs; 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 afore-
said, to be taxed against the owner of such dog or dogs as a part of
the costs in such case; provided, that nothing in this act shall be

Right of appeal

construed to prevent the right of appeal, as in other cases; and pro-

What counties
exempt

vided, further, that Caroline, Cecil, Howard, Dorchester, Wicomico,
and Worcester counties be exempted from the provisions of this and
the last preceding section.