712 LAWS OF MARYLAND. [CH. 226
or a majority of them, under oath, shall state in writing to
the County Commissioners of said county, the number of
sheep, poultry, or livestock killed, the character and extent of
the injury, if any done, and the amount of the damages sus-
tained by the owner; and both the appraisers and the owner
of the sheep, poultry or livestock shall make oath that they
believe the same to have been destroyed or injured by a dog
or dogs; and when the report of such proceedings has been
filed, the County Commissioners of said county shall review
said report, and if in their judgment the amount of damages
stated is unfair, they shall award such amount as they may
deem fair; which award shall be paid out of the fund hereby
created; provided, however, that the said sworn report of the
appraisers shall be deemed prima facie evidence of the fair-
ness of the award of damages in each instance; and provided,
further, that the County Commissioners shall not change such
an award unless they shall have personal knowledge of its
unfairness, or shall receive competent testimony to the effect
that the award is in excess of a fair commercial valuation of
the sheep, poultry or livestock injured or destroyed by dogs.
And if the owner of the dog or dogs doing the damage be
known, it shall be the duty of the County Commissioners to
notify such owner or owners to kill said dog or dogs immedi-
ately. If such dog or dogs be killed by the owner, after notice
as aforesaid, he shall be exempt from all further liability, but
in case the said owner or owners should refuse or neglect to
kill said dog or dogs upon notice as aforesaid, the said owner
or owners shall be liable to the County Commissioners for said
damages to the same extent as he would be liable in case of
negligence or malicious destruction of property, and the said
County Commissioners may in their discretion have the special
officers or constables to kill said dog or dogs.
273. Any person violating or refusing to comply with any
of the provisions of this sub-title shall be guilty of a misde-
meanor, and upon conviction thereof before any Justice of
the Peace of the county in which he resides, or in the Circuit
Court of said county, shall be fined a sum of not less than five
dollars nor more than twenty-five dollars or shall be imprisoned
in the county jail for not more than thirty days, or shall be
both fined and imprisoned in the discretion of the Court. It
shall be the duty of the State's Attorney, the Sheriff and the
constables of the several counties of the State to prosecute
all persons found violating the law by refusing to comply with
|
|