720

LAWS OF MARYLAND

Ch. 153

(2)  At least one of the appraisers shall be a deputy
sheriff of the county, and they, or, in the case of Carroll
County, the appraiser, 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, except in Carroll County, sustained by the owner.

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

(4)  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 Washington County, the appraisers to be appointed as
provided by this section may also be appointed by the sheriff, or