2294

LAWS OF MARYLAND

Ch. 345

not paid in any one year by reason of the lack of money to the
credit of the fund, which is to be designated "the dog license
fund," shall be paid out of the first money coming into the fund
after his claim is reached, and shall be paid in the order in
which the claims are proved and filed; and any claims now filed
and passed upon, but remaining unpaid, shall have preference over
any new claims in the order of payment.

(4) The county commissioners of the several counties
may expend any funds in excess of $1,000 remaining in the hands
of the treasurer or the tax collecting officer after the payment
of the claims for any public purpose which, in their judgment may
seem right and proper, and, whenever in their judgment it may
become necessary to do so, may enter into a contract or agreement
with the persons[, association of persons or corporations] they
may deem suitable, for the removal, care and disposition of
unlicensed dogs, or licensed dogs which may create a menace to
the safety, security and property of the residents of the
counties, on the terms and conditions and for the compensation
that may be agreed to by the county commissioners and the
persons[, associations of persons or corporations].

198.

(a)  (1) If any [inhabitant of a county] PERSON has any
sheep, poultry, or livestock destroyed or injured IN A COUNTY by
a dog or dogs, he may apply to the sheriff or the designated
official of the county, who shall appoint three disinterested
persons as appraisers to view and appraise the damages [by him]
sustained BY THE PERSON.

(2)  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.

(3)  The appraisers and the owner of the sheep,
poultry or livestock shall make oath OR SUBMIT AFFIDAVIT that
they believe the sheep, poultry or livestock to have been
destroyed or injured by a dog or dogs.

(b)  (1) 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.

(2)   If the owner of the dog or dogs cannot be
determined, the award shall be paid out of the dog license fund
according to the procedures set out in § 197 of this article.

(3)  The sworn report of the appraisers shall be
deemed prima facie evidence of the fairness of the award of
damages in each instance.