1278

LAWS OF MARYLAND

Ch. 192

(a) If any inhabitant of a county has any sheep,
poultry, or livestock destroyed or injured by a dog or dogs,
he may apply to the sheriff of the county, who shall appoint
three disinterested persons as appraisers to view and
appraise the damages by him sustained. At least one of the
appraisers shall be a deputy sheriff of the county, and
they, under oath, shall state in writing to the county
commissioners of the 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. The appraisers and
the owner of the sheep, poultry or livestock shall make oath
that they believe the sheep, poultry or livestock to have
been destroyed or injured by a dog or dogs. (b) When the
report of the proceedings has been filed, the county
commissioners of the county shall review the report, and if
in their judgment the amount of damages stated is unfair,
they shall award an amount as they may deem fair. If the
owner of the dog or dogs cannot be determined, the award
shall be paid out of the dog license fund. The sworn report
of the appraisers shall be deemed prima facie evidence of
the fairness of the award of damages in each instance. The
county commissioners shall not change an award unless they
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, (c) If the owner
of the dog or dogs doing the damage be known, it is the duty
of the county commissioners to notify the owner or owners to
kill the dog or dogs immediately. If the owner or owners
refuse or neglect to kill the dog or dogs upon notice as
aforesaid, the owner or owners shall be liable for the
damages to the same extent as he would be liable in case of
negligence or malicious destruction of property. The county
commissioners may in their discretion have special officers
kill the dog or dogs, (d) In Howard and Montgomery counties,
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. (e) In Washington County no payments shall be
made under this section unless the occurrence is reported to
a sheriff or any deputy sheriff, in order to have appraisers
appointed, within 48 hours of the damage complained of, and
unless the appraisers file their report with the County
Commissioners of Washington County within 15 days after
their appointment, (f) In [Frederick County and] Washington
County, the appraisers to be appointed as provided by this
section may also be appointed by the sheriff, or any deputy
sheriff of the county, (g) In Kent County, the application
to the sheriff shall be made within thirty days after the
occurrence of the injury or destruction. (h) In Somerset
and Dorchester Counties, this section does not apply.(I) IN
FREDERICK COUNTY, THE BOARD OF COUNTY COMMISSIONERS SHALL
PRESCRIBE BY ORDINANCE OR RESOLUTION THE MANNER IN WHICH THE
POWERS, DUTIES, AND RESPONSIBILITIES PLACED WITHIN ITS
JURISDICTION AND CONTROL BY THIS SECTION SHALL BE EXERCISED.