HERBERT R. O'CONOR., GOVERNOR. 685

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, con-
stable 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 menace by
reason of vicious disposition or a nuisance or hazard as evi-
denced by chasing persons, draft animals, vehicles or by such
whining or barking as to constitute an annoyance to persons
residing in the neighborhood, such justice of the peace shall
direct the Warden, County Police Officer, or peace officer to in-
vestigate the complaint including an examination of the com-
plaint 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 concern-
ing 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 district of which the dog is owned or kept, ad-
dressed to the justice 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 the complainant. The decision of the Court
shall be final and conclusive upon the parties.

Any person owning or harboring such dog who shall fail to
comply with any order of the justice of the peace or Circuit
Court, as the case may be, shall be punished by a fine of not
more than Ten Dollars ($10. 00) or by imprisonment for not
more than thirty days or both. Provided, however, that this
section shall not apply to dogs kept at a duly established and
operated shelter or public pound.

256P. (Treble Damages and Authority to Kill Vicious
Dog. ) If a dog which the justice of the peace or, upon review,
a Circuit Court shall have ordered to be restrained shall
wound any person, or shall wound or kill any livestock or
poultry, the owner or keeper of such dog shall be liable to tort
to the person injured thereby in treble the amount of damages
sustained by him; and it shall be the duty of any police officer
or Warden finding such dog outside the enclosure of its