1900 SHEEP AND DOGS. [ART. 86

1888, art. 86, sec. 1. 1876, ch. 315.

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

Ibid. sec. 2. 1876, ch. 315. 1900, ch. 275

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 forthwith issue a summons
for the owner, keeper or harborer of such dog and for such
witnesses as may be necessary to ascertain the amount of
damages sustained by such killing or injury, and shall forth-
with give judgment for such damages as may be ascertained,
which shall be collected as other debts in this State are col-
lected; and such justice shall also require the owner, keeper or
harborer of such dog to give bond, with good and sufficient
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 proceed 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; provided, 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,
Howard, Dorchester, Worcester, St. Mary's, Charles, Mont-
gomery, Somerset and Carroll counties.

Ibid. sec. 3. 1860, art. 87, sec. 1. 1827, ch. 199. 1831, ch. 169.
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 complaint to him made and infor-
mation of such proof, shall proceed forthwith to kill said dog;
and on his refusal or neglect to do so, the owner of said sheep
may kill such dog afterwards found running at large, or may
apply to a constable who, upon production of said affidavit,
shall proceed to the house of the owner of said dog and kill