Marvin Mandel, Governor                         655

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, upon which
they shall all agree, sustained 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
sworn report of the appraisers shall be deemed prima facie evidence
of the fairness 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 aforesaid, 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 commissioners for said damages to the same ex-
tent as he would be liable in case of negligence or malicious destruc-
tion of property, and the said county commissioners may in their dis-
cretion have [the] special officers [or constables to] kill said dog or
dogs. In Montgomery County, the County Council shall prescribe by
law the manner in which the powers, duties and responsibilities placed
within its jurisdiction and control by this section shall be exercised.
In Washington County no payments shall be made under this section
unless the occurrence is reported to the [justice of the peace]
sheriff, in order to have appraisers appointed, within 48 hours of the
damage complained of, and unless such appraisers file their report
with the County Commissioners of Washington County within 15
days after their appointment. In Frederick County, the appraisers
to be appointed as provided by this section may [also] be appointed
by the Sheriff, or any deputy sheriff of said county. In Kent County,
the application to the [trial magistrate] sheriff shall be made within
thirty days after the occurrence of the injury or destruction.

199. Penalty and prosecutions.

Any person violating or refusing to comply with any of the pro-
visions of this subtitle shall be guilty of a misdemeanor, 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] a court
of competent jurisdiction, 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 30 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, and the sheriffs [and the constables]
of the several counties of the State to prosecute all persons found
violating the law by refusing to comply with its provisions. Pro-
vided that nothing in this subtitle shall apply to the City of Balti-
more, the City of Cambridge, or the City of Crisfield.