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Session Laws, 1937
Volume 412, Page 475   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 475

ship of the dog responsible for the loss and report his findings
and recommendations concerning the same. If such identity
and ownership is not known then the Board shall review the
claim and the report of the Warden and shall determine the
amount, if any, of damages to be awarded which shall be paid
out of the Claims Fund for the district involved and the
Board's award shall be final. No award or payment on any
such claim shall be made unless it is completed and filed with
the clerk of said Board within four days from the date of
appointment of the appraisers.

If the owner of the dog is known, the Warden shall direct
him immediately to impound such dog until authorized by the
Board to release it and he, together with the claimant sus-
taining the loss shall appear before the Board at their next
meeting after notice from the Warden and if after review of
the claim and the Warden's report on the same, the amount of
damages awarded by the Board to the claimant is acknowledged
and paid by the owner of the dog, the dog then shall be re-
leased provided it is duly licensed at the time of the killing,
otherwise it must be surrendered to the Warden for destruc-
tion unless otherwise directed by the Board.

If the owner of said dog disputes the liability and refuses
to pay the same, the claimant shall be paid the amount
awarded out of the Claims Fund of his district and the
Board then must file a lien against the real and personal
estate of the said owner for the sum so paid and shall order
his dog impounded at his expense until the case is finally
settled.

Such owner shall have the right of an appeal from such
findings and levy to the Circuit Court of his residence, the
same as in other appeal cases, provided such appeal is taken
within ten days from the date of the Board's decision and if
the decision on appeal is against him, he shall be liable in
damages to the County for treble the amount of damages paid
by the County on the claim.

Provided, however, that no owner of livestock or poultry
shall be reimbursed under the provisions of this Section for
damages inflicted by his own dog, nor shall he be reimbursed
for any damages by any dog if, at the time such damage was
inflicted, he or any member of his household or other person
living on his lands owned or kept or harbored an unlicensed
dog of licensing age. No reimbursements, under this Section,
shall be made for damages by a dog to a dog, cat or other pet.
Awards shall in no case exceed the fair market value of such
livestock or poultry as food products.

256K. OWNERS LIABILITY FOR DAMAGE TO PERSON OR PROP-
ERTY. If any dog shall do any damage to either the body or

 

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Session Laws, 1937
Volume 412, Page 475   View pdf image (33K)
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