ALBERT C. RITCHIE, GOVERNOR. 711

number of the license issued to him to the County Treasurer,
or Clerk to the County Commissioners in counties having no
Treasurer before the first day of July of each year.

270. Any person may kill any dog which he sees in the
act of pursuing, worrying, wounding or killing any poultry
or live stock, or attacking human beings whether or not such
dog bears the proper license tag required by these provisions.
There shall be no liability on such persons in damages or
otherwise for such killing. Any unlicensed dog that enters
any field or yard shall constitute a private nuisance and the
owner or tenant of such field or yard, or other agent or servant,
may kill such dog while it is in the field or yard without lia-
bility or responsibility of any nature for such killing and any
person may kill a female dog running at large while in heat
without liabilities therefor.

271. All monies arising from the dog licenses or taxes shall
be kept in a separate fund by the treasurer of the respective
counties, and shall be used for the payment of damages for
the injury and killing of sheep, poultry or other livestock in
said respective counties. In the event the same are not suffi-
cient for the payment of all such damages the said damages
shall be paid in the order the claims are presented, and any
person or persons whose claims are not paid in any one year
by reason of the lack of money to the credit of the said fund,
which is to be designated "The Dog License Fund, " shall be
paid out of the first money coming into the fund after his
claim is reached, and shall be paid in the order in which said
claims are proved and filed; and any claims now filed and
passed upon, but remaining unpaid, shall have preference over
any new claims in the order of payment. Any fund in excess
of one thousand dollars ($1, 000) remaining in the hands of
the treasurer of any county after the payment of the claims
as aforesaid, unused for such purpose at the end of each fiscal
year, shall be used by said county either for the public schools,
or for the public roads, as the board of county commissioners
of said county may direct.

272. When any inhabitant of any county shall have any
sheep, poultry or livestock destroyed or injured by a dog or
dogs, he may apply to any Justice of the Peace of said county,
who shall appoint three disinterested persons as appraisers to
view and appraise the damages by him sustained, and they,