HARRY HUGHES, Governor                              2813

198.

(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.