THEODORE R. MCKELDIN, GOVERNOR 609

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 un-
fair, 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 ap-
praisers shall be deemed prima facie evidence of the fair-
ness of the award of damages in each instance; and pro-
vided, 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 immediately. If such
dog or dogs be killed by the owner, after notice as afore-
said, he shall be exempt from all further liability, but in
case the said owner or owners shall refuse or neglect to
kill said dog or dogs upon notice as aforesaid, the said
owner or owners shall be liable to the County Commis-
sioners 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. In Montgomery County, however, the County
Council in lieu of notifying the owner or owners to kill
such dog or dogs may require such owner or owners to
execute and file with the Clerk of the County Council a
bond in such amount and upon such terms as it shall de-
termine to indemnify the County Council for any such
damage as said dog or dogs shall have done, but in case
the said owner or owners should refuse or neglect to ex-
ecute and post such bond the said County Council may, in
its discretion, provide for the humane destruction of said
dog or dogs.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1953.

Approved April 6, 1953.

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