FRANK BROWN, ESQUIRE, GOVERNOR.

peace, a hearing shall be had in due form of law; and upon
proof of the fact, the owner of the said dog, male or female,
shall be fined not less than one dollar and not more than five
dollars, at the discretion of the justice of the peace, and the
cost of the ease, and shall stand committed till the said fine
and costs are paid.

617

SEC. 4. Be it enacted, That any untagged dog, male or
female, whose owner has not paid a tax on the same, or is not
protected by a tax, by reason of failure to renew the said tax
when due, if found to be killing or maiming sheep, or is found
eating sheep that has evidently been killed, within twenty-four
hours of the time he is found eating the same, and there is no
proof that some other dog, male or female, did the killing, then
the owner of said dog, male and female, shall be held responsible
for the damage done to the owner of the sheep, and the
amount of damages as aforesaid to be ascertained by a justice
of the peace in due form of law; and when ascertained and
proven, he shall enter judgment for the full amount of damage
to the owner of the said sheep, with the costs in the case, and
fifty cents to the constable employed in the case, who shall kill
the said dog, male or female, unless the owner thereof shall
have previously done the killing.

Owner liable
for damage.

SEC. 5. Be it enacted, That any person who shall maliciously
remove from any dog, male or female, wearing the legal tag
herein provided, shall pay a tine of five dollars, to be recovered
by the usual proceedings for the recovery of fines and penal-
ties; and all fines that may be collected under this act, by any
justice of the peace, shall be paid to the treasurer of the
school board for the benefit of the public schools.

Penalty for
removing

tag.

SEC. 6. Be it enacted, That in case of loss of the tag issued
by the county school board, upon application to the treasurer
thereof, a duplicate may be furnished on the payment of ten
cents, and satisfactory evidence being furnished that the tax
has been paid for the current year for the use of the said tag.

Loss of tag.

SEC. 7. Be it enacted, That all dogs, male or female, whose
owners shall be caused to be taxed under the provisions of this
act, shall not be subject to any dog tax heretofore provided for
by the laws of the State, local or general; but all dogs, male or
female, whether taxed or nntaxed, shall subject their owner or
owners to any damage that they may do to the owners of
sheep or other property.

Not subject
to any other
dog tax.