HARRY W. NICE, GOVERNOR. 477

Provided, however, that any such dog either known to be or
suspected as a killer shall be allowed to remain in its owner's
possession upon his posting a bond or surety acceptable to the
Board of the justice of the peace in the sum of Two Hundred
Dollars ($200. 00) as a guarantee to the County against any
further claims filed as a consequence of damages caused or
participated in by said dog.

256N. AUTHORITY FOR KILLING ATTACKING DOG. Any person
may kill any licensed or unlicensed dog which suddenly as-
saults him while he is peaceably standing, moving or riding
outside the enclosure of its owner or keeper, and any person
may kill any dog found out of the enclosure of its owner or
keeper and not under his immediate care actually in the act
of worrying, wounding or killing persons, livestock or fowls.

A police officer, constable or Warden shall have authority
to kill any licensed or unlicensed dog which a justice of the
peace, or, upon review, the Circuit Court, shall have ordered
to be restrained if such dog is again found outside of the
enclosure of its owner or keeper and not under his immediate
care, and has full authority to kill any dog that is known to
be living in the country in a wild state.

There shall be no liability on such persons, police officer,
constable or Warden in damages or otherwise for such killing.

256-O. NUISANCE OF Vicious, CHASING OR BARKING DOG. If
any person shall make complaint in writing and swear to the
same before a justice of the peace in his district that any
dog owned or harbored within his jurisdiction is a nuisance
by reason of vicious disposition as evidenced by chasing per-
sons, draft animals, vehicles, or by such whining or barking
as to constitute an annoyance to any sick person residing in
the vicinity, such justice of the peace shall direct the Warden
or a peace officer to investigate the complaint, including an
examination of the complainant, and to report his findings
to the said justice of the peace who thereupon may call the
owner of the dog complained of before him for questioning
and may make such order concerning the restraint of such
dog as he may deem to be necessary. Any time within ten
days after such order, the owner or keeper of such dog may
bring a petition in the Circuit Court within the judicial dis-
trict of which the dog is owned or kept, addressed to the jus-
tice of the court, praying that the order may be reviewed by
the Court, and after such notice to the Warden or other officer
involved as the Court may deem necessary, it shall review such
action, hear the witnesses and affirm such order unless it shall
appear that it was made without proper cause or in bad faith,
in which case such order shall be reversed with costs against