Loading...
HomeMy WebLinkAbout2413 Act of the Commonwealth of Massachusetts, "An act concerning dogs, and for the protection of sheep and other domestic animals," April 9, 1867 z n _ ..pr/r"LHG\04 � 'BERTP E4 'SUB•`\ [CHAP. 130.] AN' ACT CONCERNING DOGS, AND FOR THE PROTECTION OF SHEEP AND OTHER DOMESTIC ANIMALS. Be it enacted by the Senate and Souse of Representatives in General Court assembled, and by the auth'grity of the same, as follows SECT. 1. -Every owner or keeper of a doh shall annually,on or before the'thirtieth day of April, cause: it to be registered, numbered,'described and licensed for one year from the first day of the ensuing May, in the office of.the clerk of the city or town wherein said dog is kept, and shall cause it to hear around its meek a collar distinctly marked with its owner's name and its registered number, and shall pay for such license, for a male dog two dollars, and for a female dog five dollars. SEcm. 2. Any person becoming the owner or keeper of a. don not duly licensed, on or after the 'first day of May,shall cause said dog to be registered, numbered, described and licensed, until, the; first. day :of the. ensuing May, in the manner, and subject to the terms and duties, prescribed.in this act. SECT. 3. The clerks of cities or towns shall issue said licenses, and receive the money therefor,, and pay the same into the treasuries of their respective counties, except in the county of Suffolk, on or before,the first day of December of each year, retaining to their oven use twenty cents for each license, and shall return therewith a sworn statement of the amount of moneys thus received and paid over, by .them. They shall also keep a record of all licenses issued by them, with the names of the keepers or owners of dogs licensed, and the names, registered numbers and descriptions of all such dogs. SECT. 4. - It shall be the duty of each county treasurer, and of each city or town treasurer, except in the county of Suffolk, to keep an accurate and separate account of all moneys received and. expended by him under the provisions of this act. SECT. 5. Any person .keeping a dog contrary to the provisions of this act, shall forfeit fifteen. dollars, to be recovered by complaint'or indictment; and of said fine or forfeiture, five dollars shall. be paid to .the complainant, and ten dollars shall be'paid to the treasurer of the county in which the, dog is Dept; except that in the county of Suffolk, the ten dollars shall be paid to the treasurer of the city or town wherein said dog is kept. A license from the clerk of any city or town shall be valid in any part of the Commonwealth, and may be transferred with the,dog licensed: provided, said license be recorded by the clerk of the city or town where such dog is kept. .SECT. . 6. The assessors of the cities and towns shall annually tape a list of all dogs awned or kept in their respective cities or towns, on the first day of May, with the owners' or keepers' names, 2 and return the same to the city or town clerk, on or before the first day of July. Any owner or keeper of a dog who shall refuse to give,just and true answers, or shall answer falsely to the assessors relative to the ownership thereof, shall be punished by a fine of not less than ten dollars, to be paid, except in the county of Suffolk, into the county treasury. SECT. 7. Mayors of cities and the chairman of selectmen of towns shall annually, within ten days from the first day of July, issue a warrant to one or more police officers or constables, directing them to proceed forthwith either to kill or cause to be killed all dogs within their respective cities or towns, not licensed and collared according to the provisions of this act, and to enter complaint against the owners or keepers thereof, and any person may, and every police officer and constable shall, kill or cause to be killed all such dogs whenever or wherever found. Such officers, other than those employed under regular pay, shall receive one dollar for each dog so destroyed, from the treas- urers of their respective counties, except that in the county of Suffolk they shall receive it from -the. treasurers of their respective cities or .towns. All bills for such services shall be approved by the mayor, or chairman of the selectmen, of the city or town in which said dogs are destroyed, and shall be paid from moneysreceived under the provisions of this act. - SECT. 8. Each police officer or constable to whom the warrant named in the preceding section shall have been issued shall return the same, on or before the first day of the October following, to the mayor or chairman of.selectmen issuing the same, and shall state in said return the number of dogs killed, and the names- of the owners or keepers thereof, and whether all unlicensed dogs in his eity �oi-town have .been killed, and the names of persons against whom complaints have -been made under the-provisions of this act, and whether complaints have been entered against .all the persons who have failed to comply-with the provisions of this act. . SECT 9. The mayors of cities and the chairman of selectmen of towns, shall annually, within ten days from -the first 'day of October, transmit a certificate, regularly subscribed and sworn to, of the.-fact of-the issue of the warrant named in section seven, and .whether the same has been. duly executed and returned, agreeably to the provisions of this act, to the district-attorneys of their respective districts, whose duty.it shall be.to prosecute-all such city, town or county officers as fail to comply with the provisions of this act. SECT.-IO.: Whoever suffers loss .by the worrying, maiming or killing of his sheep, lambs, fowls or other- domestic animals by dogs,.may inform the mayor of the city or the chairman of.the selectmen of the town wherein the damage was-done,who shall proceed to the premises where the damage was - done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof and:return a certificate of-said amount; except in the county of Suffolk, to the county commissioners, on-.or before the first Tay of.December: provided, however, that if, in the opinion of said mayor or chairman of selectmen, the amount of said dh.tnage shall .exceed the sum of twenty dollars, he shall appoint :two disinterested persons who, with the said mayor or chairman of selectmen, shall appraise the amount of such damage and return a certificate of the same, except in the county of Suffolk, to the county commissioners, on or before the first day of December. The county commissioners shall, during the month of December, examine .all such bills, :and, when any doubt exists, may, summon the appraisers and all parties interested, and make such examination as they may think proper, and shall issue an order upon the treasurer of the county in which the damage was done, for all or any part thereof, as justice and equity may require. The treasurer shall annually, on the first Wednesday of January, pay all such orders in full, if the gross amount received by him. and not previously paid out under the provisions of this act is 3 sufficient therefor ; otherwise he shall divide such amount_pro raata among-such orders,:in full discharge thereof.. The appraisers shall receive from the.county, or ill the county of Suffolk _from the. city-or towij treasurer, out of the moneys received under the provisions of this act, the sum of one dollar each fdr every examination made by them as prescribed in this section; and the- mayor or.the. cha,irrran of selecte.ien acting in the case, shall receive twenty cents,per mile one way for_ his necessary_ travel in the case. The owner of sheep, lambs,.or other domestic animals worried,.maimed or killed by dogs, shall have his election whether to proceed under the provisions of this section "or under the provisions of sections sixty-one, sixty-two and sixty-three of chapter eighty-eight of the General Statutes ; but, hahhg signified his election by proceeding in either mode;lie shall not have the other remedy. In the absence or sickness of the mayor of the city, or chairman of the selectmen of the town, in which fire damage n is done, it sliall•be the duty of any or e:of the aldermen of,said city,-or of the selectmen of said town,, who may be duly informed of damage supposed to have been done by dogs, to discharge forthwith the duties imposed by this section upon the mayor or chairman of selectmen. SECT'. IL Any city, town:or county officer refusing°'or wilfully neglecting to perform the ditties herein imposed upon. him, shall be punished" by a fine•iiot exceeding oiie hundred dollars,to be paid, except in the county of Suffolk, into the county treasury. Any person aggrieved by such refusal. or neglect on the part of any city, town or county officer, may report the same forthwith to the district- attorney of his district. SECT. 12. The treasurer of any county may, and, when ordered by the county commissioners; shall, bring an action of tort against the owner or keeper of any dog concerned in doing damage to sheep, lambs or other domestic aiiin7als in said county, which damage the county commissioners have ordered to be paid, to recover the full amount thereof to, the use of said county. All fines and penal- ties provided in this act may be recovered on complaint or indictment before any court of competent jurisdiction in the county where the offence is committed. Moneys received by the treasurer of any city, town or county, under the provisions of this act, and not expended in accordance with its provisions, may be applied to the payment of any city, town or county_expenses SECT. 13. In. the county of Suffolk, all moneys•-received for licenses, or recovered as fines or penalties under the-provisions of this act, which, if received or recovered in any other county, would be paid into the county treasury, shall be paid into the treasury of the city or town in which said licenses are issued or said fines or penalties recovered. All claims for damage done by dogs in said county shall be determined by appraisers as specified in section tell of this act, and, when approved by the board of aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of said city or town, if the gross amount received by hum and not previously paid out under the provisions of this act is sufficient therefor ; otherwise such amount shall be divided pro rata among such claimants in full discharge thereof. After such claims have been approved by the board of aldermen. or selectmen, the treasurer of said city or town may, and, when ordered by the board of aldermen or selectmen, shall, bring au action of tort to recover against the owner or keeper of any dog concerned in doing the damage, the frill amount thereof. SECT. 14. Any person owning or keeping a licensed dog, who may have received a notice, in accordance with section six ty-oao of chapter eighty-eight of the General Statutes, that said dog is mischievous or dangerous, and who does not kill it or keep it thereafter from ever going at large, shall, on complaint or indictment, forfeit ten dollars, if it be proved that said dog be mischievous or dangerous. SECT. 15. All acts or parts-of acts inconsistent with this act are hereby repealed. SECT. 16. The warrants required to be issued by the seventh section of this act, may be in the following form, viz. : COMMONWEALTH OF AIASSACHUSETTS. [Seal.] M ss. To constable of the town (or city) of In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill or cause to be killed all dogs within the said town not duly licensed and collared according to the provisions of the act of the year eighteen hundred andty seven, entitled"Ain Act concerning Dogs, and for tl�e protection of Sheep and other Domestic Animals," and you are further required to make and enter complaint against the owner or keeper of any such dog. Hereof fail not, and make due return of this warrant with your doings therein, stating the number of dogs killed and the names of the owners or keepers thereof, and whether all unlicensed dogs in said town (or city) have been killed, and the names of persons against whom complaints have been made under the provisions of said act, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said act, on or before the first day of October-next. Given under my hand and seal at aforesaid,-the day of in the year eighteen hundred and (Mayor of) or Chairman of the Selectmen of SECT. 17. This act shall take effect upon its passage. [Approved April 9, 1867. SECRETARY'S. DEPARTMENT, Boston, April 15, 1867.. I certify the foregoing to be a true copy. _ �—n OLIVER WARNER, Secretary. 6 4 of rrPLREIOP.. LIBERtA't - - 'Ells \ /+� 9 - - [IiHAP. 130.] AN ACT CONCERNING' DOGS, AND FOR THE PROTECTION OF SHEEP AND OTHER DOMK;TIC AWMAI S" Be it enacted by the Senate and House of Representatives in'General Court assembled, and by the auth9rity of the same, as follows: SECT. 1.- Every owner or keeper of a ,dog shall annually,on or before the thirtieth day of April, cause it to be registered, numbered, described and licensed for one year from the first day of the ensuing.May, in the office of the .clerk of the city or town wherein said dog is kept, and shall cause it to wear around .its neck a -collar distinctly marked with its owner's name and its.registered number, and shall pay for such license, for a male dog two dollars, and for a female: dog five dollars. SEC7r.: 2. Any person becoming the owner or keeper of n, doa not duly licensed, on or after the first .day of May,.shall cause said dog to be, registered, numbered, described and licensed until the first day of the ensuing May, in the manner, and subject to the terms and duties, prescribed in this act. SECT. : The clerks of cities or towns shall issue said licenses,.and receive the money therefor, and pay the same into the treasuries of their respective counties, except in the county of Suffolk, on or before the first day of December of each year,-retaining to their own use twenty cents for each license, and shall return therewith a sworn statement of the amount of, moneys thus received and paid, over by them. They, shall also'keep a record of all licenses issued by them, with the names of the keepers or owners of dogs licensed, and the names, registered numbers and descriptions of all such dogs. . SECT. 4. It shall be the duty of each county treasurer, and. of each- city or town treasurer, except in the county of Suffolk, to keep an accurate and separate .account of all moneys received and, expended by him under the provisions of this act. SECT. 5. Any person keeping a.dog contrary to the provisions of this act, shall forfeit fifteen dollars; to be recovered by complaint or indictment; and of said fine or forfeiture, five dollars .shall be paid to the complainant, and ten-dollars shall -be paid to the treasurer of the county in which the dog is kept; except that in the county of .Suffolk, the ten dollars shall be paid to the treasurer of the city or town wherein said dog is kept. A license from the clerk of any city or town shall be valid in any part of the Commonwealth, and may be transferred with the dog licensed: provided, said license be recorded by the clerk of the city, or town where such dog is kept. SECT. '6. The assessors of the cities and towns shall annually take a list of all dogs owned or kept in their respective cities or towns, on the first day .of May, with the owners' or keepers' names, and return the same to the city or town clerk, on or before the first day of July. Any owner or keeper of a dog who shall refuse to give,just and true answers, or shall answer falsely to the assessors relative to the ownership thereof, shall be punished by a fine of not less than ten dollars, to, be paid,. except in the county of Suffolk, into the county treasury. SECT. 7. Mayors of cities and the chairman of selectmen of towns shall annually, within ten days from the first day of July, issue a warrant to one or more police officers or constables, directing them to proceed forthwith either to kill or.cause to be killed all dogs within their respective cities or towns, not licensed and collared according to the provisions of this act, and to enter complaint against the owners or keepers thereof, and any person may, and every police officer-and constable shall, kill or cause to be killed all such dos whenever or wherever. found. Such officers, other than those employed under regular pay, shall receive one dollar for each dog so destroyed, from the treas- urers of their respective counties, except that in the county of Suffolk they shall receive it from the treasurers of their respective cities- or .towns. All bills for such services shall be approved by the mayor, or chairman of the selectmen, of the city or town in which said dogs are destroyed, and shall be paid from moneys received under the provisions of this act. SECT. 8. Each police officer or constable to whom the warrant named in the preceding section shall have been issued shall return the same, on or before the first day of the October following, to the mayor or chairman of selectmen issuing the same, and shall state in said return the number of dogs killed, and the names of the owners or keepers thereof, and whether all unlicensed dogs in his city or town have been killed, and -the names of persons against whom complaints have been made under the provisions of this, act, and whether complaints have been entered against all the persons who have failed to-comply with the provisions of this act. SECT.- 9. The mayors of cities and the chairman of selectmen of towns, shall.annually, within ten days from-'the first day of October, transmit a certificate, regularly subscribed and sworn to,.of the-fact-of.the issue of the warrant named in section seven, and .whether the same has been duly executed and returned, agreeably to the provisions of this act, to the district-attorneys of their respective districts-, whose duty it shall be to prosecute all such city, town or county officers as fail to comply with the provisions of this act. SECT. 10. Whoever suffers loss by the worrying, m<tiiming or killing of his sheep, lambs, fowls or other domestic animals by dogs, may inform the mayor of the city or the chairman of the: selectmen of the town wherein the damage was done, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof and return a certificate of said amount, except in the county of Suffolk, to.the. county commissioners, on or- before the first day of December: provided, however; that if, in the opinion of said mayor or chairman of selectmen, the amount of said damage shall exceed the sum of twenty dollars, he shall appoint two disinterested persons who, with the said mayor or chairman of selectmen, shall appraise the amount of such damage and return a certificate of the same, except in the county of Suffolk, to the county commissioners, on or before the first day of December. The county commissioners shall, during the month of December, examine all such bills, and, when any. doubt exists, may summon the appraisers and all .parties interested, and make such examination as they may think proper, and shall issue an order upon the treasurer of the county in which the damage was bone, for all or any part thereof, as justice and equity may require. The treasurer shall annually, on the first Wednesday of January, pay all such orders in full, if the gross amount received by him and not previously paid out under the provisions of this act is .3 Sufficient therefor otherwise he shall divide such amount.pro rata among such_-orders,in full discharge thereof. The appraisers shall receive from.the_county,or in the.county of Suffolk:_ from. tile: city _or town treasurer, out of the moneys received under the provisions of this act, the sum of one dollar each for every examination made by them as prescribed,in this section; aiid_. the mayor or the.chairman of selectmen acting in the case, shall receive twenty-cents per mile:one_way for his,necessary travel in the case. The owner of sheep, lambs,,or other domestic.animals worried,.maimed or killed by dogs, shall have his election whether to proceed under file provisions of this section or under the provisions of sections sixty-one,sixty-two and sixty-three of chapter eighty-eight of the General Statutes; but, having signified his election by proceeding in either mode,lie shall not have the other remedy. In the absence or sickness of the mayor of the city, or chairman of the selectmen of the town, in which the damage is done, it shall be the duty of any one of.the aldermen of said city, or of tile-selectmen of said town, Who may be duly informed of damage supposed. to-have been done by dogs, to discharge forthwith.the duties imposed by this section upon.the inayor or chairman of selectmen. SECT. 11. Any city, town or county officer refusing or wilfully neglecting to perform the duties Herein imposed upon him, shall be punished,by a fine not exceeding one hundred dollars, to be paid except in the county of Suffolk, into the county treasury. Any person aggrieved by such refusal or neglect on the part of any city, town or county officer, may report the same forthwith to the district- attorney of his district. SECT. 12. The treasurer of any county may, and, when ordered by the county commissioners, shall, bring an action of tort againsC the owner or keeper of any dog concerned in doing damage to sheep, lambs or other domestic animals in said county, which damage the county commissioners have ordered to be paid, to recover the full amount_thereof.to the use of said county. All fines and penal- ties provided in this act may be recovered on complaint or indictment before any court of competent jurisdiction in the county where the offence is committed. Moneys received by the treasurer of any city, town or county, under the provisions of this act, and not expended in accordance with its provisions, may be applied to the payment of any city, town or county expenses. SECT. 13.. In the county of Suffolk, all moneys received for licenses, or recovered as fines or 's penalties:under: the provisions of this act, which, if received or recovered in any other county, would be paid into the county treasury, shall be paid into the treasury of the city or town in which said licenses are issued or said fines or penalties recovered. All claims for damage done by dogs in said county shall be determined by appraisers'as specified in section ten of this act, and, when approved by the board of aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of said city or town, if the gross amount received by him and not previously paid out under the provisions of this act is sufficient therefor ; otherwise such amount shall be divided pro rata among such claimants in full discharge thereof. After such claims have been approved by the board of aldermen or selectmen, the treasurer of said city or town may, and, when ordered by the board of aldermen or selectmen, shall, bring an action of tort to recover against the owner or keeper of any dog concerned in doing the damage, the frill amount thereof. SECT. 14. Any person owning or keeping a licensed dog, who may have received a notice, in. h accordance with section sixty-one-of chapter eighty-eight of the-General Statutes; that said dog is mischievous or dangerous, and who does not kill it or keep it thereafter from ever going at large, shall, on complaint or indictment, forfeit ten dollars,.if it be proved that said dog be mischievous or dangerous. SECT. 15. All acts or parts of acts inconsistent with this act are hereby repealed. SECT. 16. The warrants required to be issued by the seventh section of this act, may be in the following form, viz. COMMONWEAL'rH OF MASSACIiUSETTS. M ss. To , constable of the town (or city) of In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill or cause to be killed all dogs within the said town not duly licensed and collared according to the provisions of the act of the year eighteen hundred and sixty-seven, entitled An-Aot,concerning Dogs,,-and for the protection of-Sheep and other Domestic Animals," and you are further required to make and enter complaint against the owner or keeper of any such dog. Hereof fail not, and make due return of this warrant with your doings therein, stating the number of dogs killed and the names of the owners or keepers thereof, and whether all unlicensed dogs in said town (or city) have been killed, and the names of persons against whom complaints have been made under the.provisions of said act, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said act, on or before the first day of October next: Given under my hand and seal at aforesaid,-the day of in the year eighteen hundred and (Mayor of) or. Chairman of the Selectmen of SECT. 17. This act shall take effect upon its passage. [Approved April 9, 1867. SECRETARY'S DEPARTMENT, Boston, April 15, 1867. I certify the foregoing to be a true copy. " OLTVER WARNER, Secretary. i _ s .R RT CHAP. 13U.] AN -ACT CONCERNING DOGS, AND FOR THE PROTECTION. OF SHEEP AND. OTHER DOMESTIC ANIMALS. Be it enacted by the Senate and Souse of Representatives in General Court assembled, and by the authority of-the same, as follows: SECT. J. Every,owner or keeper of,a dog shall annually, on or before.the thirtieth day of April, cause. it to be. registered, .numbered, described and licensed fbr one year from the first day of the ensuing' May,-in the office of the clerk of the city or town wherein said dog is kept, and shall cause it to.wear around. its..Beek a collar, distinctly marked with its owner's name and its registered number, and shall pay for such license, for a male dog two dollars, and for a female dog five dollars. SECT. 2. Any person becoming the owner or keeper of a. dog not duly licensed, on or after the first day of May, shall.cause said dog to be registered, numbered, described and licensed until the first day. of.the ensuing May,, in the manner, and subject to the terms and duties, prescribed in this act. SECT. 3. The.clerks of cities or towns shall issue said licenses, and receive the money therefor, and pay the same into the treasuries of their respective counties,.except in the county of Suffolk, on or before the first day of December of. each-year, retaining to theirown use twenty cents for each license, and shall return therewith a sworn statement of the amount of moneys. thus received and._paid: ,over their:by the : They shall'also keep a-record of-all licenses issued by them, with the names of the keepers or owners of dogs licensed, and the names, registered numbers and descriptions of all such dogs. SECT. 4. ','It shall -be the duty of each county-treasurer, and of each city or town treasurer, except in the county of Suffolk, to keep an accurate and separate account of all moneys ►eceived and . upended by him under the provisions of this act. SECT. .5. Any, person keeping a do contrary to the.provisions of this act, shall forfeit, fifteen dollars,-to be recovered by"complaint*or .indictment -and of said fine or forfeiture, five dollars shall be paid to the complainant, and ten,dollars shall be paid to the treasurer of the county in which the dog is:kept; except that in the county of Suffolk, the ten dollars shall be paid to the treasurer of the city or town wherein said dog is:kept.- A license.from the clerk of any city or town shall be valid in , any part of:the Commonwealth, and,naay be transferred with the dog licensed: provided, said license be recorded by the clerk of the city or town where such dog is kept. SECT. 6. ,The- assessors.of-the cities and-towns shall annually take a.list of all dogs owned or kept in their respective cities or towns, on.the first-,day of May, with the owners' or keepers' names, and return the same to the city or town clerk, on or before the first day of July. Any owner or keeper of a dog who shall refuse to give,just and true answers, or shall answer falsely to the assessors relative to the ownership thereof, shall be punished by a fine of not less than ten dollars, to be paid, except in the county of Suffolk, into the county treasury. SECT. T. Mayors of cities and -the chairman of selectmen of towns shall annually, within ten days from the first day of July, issue a warrant to one or more police officers or constables, directing them to proceed forthwith either to kill or cause to be killed all dogs within their respective cities or towns, not licensed and collared according to the provisions of this act, and to.enter complaint against the owners or keepers thereof, and any person may, and every police officer-and constable shall, kill or cause to be killed all such dogs whenever or wherever found_ Such officers, other than those employed under regular pay, shall receive one dollar for each dog so destroyed, from the treas- urers of their respective counties, except that in the county of Suffolk they shall receive it,from the. treasurers of their respective cities or towns. All bills for such services shall be approved by the mayor, or chairman of the selectmen, of the city or town in which said dogs are destroyed, and shall be paid from moneys received under the provisions of this act. SECT. 8. Each police officer or constable to whom the warrant named in the,preceding section shall have been issued shall return the same, on or before the first day of the October following, to the mayor- or chairman of selectmen issuing the same, and shall state in said return the number of dogs killed, and the names of the owners or keepers thereof, and whether all unlicensed dogs in his city or town have been killed,and the names of persons against whom complaints have been made. under the provisions of this act, and whether- complaints have been entered against all the persons who have failed to comply with the provisions of this act. SECT. 9. The mayors of cities and the chairman of selectmen of towns, shall annually,:within ten days from -the first day of October, transmit a certificate, regularly subscribed and sworn to, of the fact of the issue of the warrant named in section seven, and whether the same has been. duly executed and returned, agreeably to the provisions of this act, to the district-attorneys of their respective districts, whose duty it shall be to prosecute all .such city, town or county officers as fail to comply with the provisions of this act. SECT. -10. Whoever suffers loss by the worrying, maiming or killing of his sheep, lambs, fowls or other domestic animals by dogs, may inform the mayor of the city or the chairman of the selectmen: of the town-wherein the damage was done, who shall proceed,to :the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof and return a certificate of said amount, except in the county of Suffolk, to the county commissioners, on-or before the first day of December: provided, however, that if, in the opinion of said. mayor or, chairman of selectmen, the amount of said damage shall exceed the sum of twenty dollars, he shall appoint two disinterested persons who, with the said mayor or chairman of selectmen, shall .appraise the amount of such damage and return a certificate of the same, except: in the county of Suffolk,_to the county commissioners, on or before the first day of December. The county commissioners shall, during the month of December, examine all such bills, and, when any doubt exists; may summon, the appraisers and all parties interested, and make such examination as they may think proper:,_and- shall-issue an order upon the treasurer of the county in which the damage was done, for all or any part thereof, as justice and equity may require. - The treasurer shall annually, on the first Wednesday of January, pay all such orders in full, if tb�-_ gross amount received by him and not previously paid out under the provisions of this act is- sufficient therefor; otherwise he.sl xall divide such amount pro rata among such orasrs; in.full disehurp-, thereof.. The,appraisers shall receive from.the county,:or,in the,eounty o€.Suffolk from-: the city. or-,town" treasurer, out of the moneys received under the provisions of this act, the sum of one dollar:eacltfox- every examination made by them;as prescribed iii. this. section; and the. mayor or the .chairman of selectmen: acting in the.cane.,.shall receive.,tyveiity cents per mile one way for his necessary ,travel in the case. The owner of sheep, lambs, or other domestic animals,worried,,maimed or killed by dogs, shall have his election whether to proceed tinder the provisions of this section or under the provisions of sections sixty-one,sixty-two and sixty-three of chapter eighty-eight of the General Statutes ; but, liavin'g signified his election by proceeding in either mode,he shall not have the other remedy.�"In the absence or sickness of the mayor of the city; or chairman! ofAlie selectmen of' the.town, ill which the damage is. done, it shall be the duty of any one, of the aldermen of said city, or of the selectmen of said town,.. who may be duly informed of damage supposed to have. been done by dogs, to discharge forthwith tbe.. duties imposed by this section upon the mayor or chairman of selectmen.. SECT. 11. Any city, town or county, officer refusing or wilfully neglecting to perform the duties Herein imposed-upon him, shall be punished by a fine not exceeding one hundred dollars, to be paid; except in the county of Suffolk, into the county treasury. Any person aggrieved by such refusal or neglect on the part of any city, town or county officer, may report the. same forthwith to the district attorney of his district, ; SECT. 12. The treasurer of any county may, and, when ordered by the county cammissionersk- shall, bring an action of tort,against the owner or keeper of any dog concerned in doing damage to sheep, lambs or other domestic aiiimals in said county, which damage the county commissioners have ordered to be paid, to recover the full amount thereof to the use.of said county. All fines-and penal- ties provided in this act may be recovered on complaint or indictment before any court of competent jurisdiction in the county where the offence is committed. Moneys received by the treasurer of any city, town or county, under the provisions of this act, and not expended.in.accordance- with its provisions, may be applied to the payment of any city, town or county,-expenses. SECT. 13. In the county of Suffolk, all moneys repeived for licenses, or recovered as-fines or pp alties.und:er�tha provisio.ns of this act, which, if received or recovered ill any other county, would be paid into the county treasury, shall be paid into the treasury of the city or town in which said licenses are issued or said fines or penalties recovered. All claims for damage done by dogs in said county shall be determined by appraisers as specified in section ten of this act, and, when approved by the board of aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of said city or town3 if the gross amount received by him and not previously paid out under the provisions of this act is sufficient therefor ; otherwise such amount shall be divided pro rata among such claimants in full discharge thereof. After such claims have been approved by the board of aldermen or selectmen, the treasurer of said city or town may, and, when ordered by the board of aldermen or selectmen, shall, bring an action of tort to recover against the owner or keeper of any dog concerned in doing the damage, the full amount thereof. SECT. 14. Any person owning or keeping.a licensedadog, who may have received a notice, in _t accordance with section sixty-one of chapter eighty-eight of the 'General' Statutes, that said dog is mischievous or dangerous, and who does not kill it or keep it thereafter from ever going at large, shall, on complaint or indictment, forfeit ten dollars, if it be-proved tliat said dog he mischievous or dangerous. SECT. 15.' . All acts or parts of acts-inconsistent:with this act are hereby repealed. SECT. 16. The warrants required to be.issued by the seventh section of this act; may be-in the following form, viz. CODIMONWEAL,rli OIL MASSACHUSETTS. [Seal.]. • 1VL. ss. To , constable of the town (or city) of In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill or cause to be killed all dogs within the said town not duly•licensed and collared-according. to the provisions of_ the act of the year eighteen hundred and sixty-seven, entitled "An Act concerning Dogs, and for the protection of Sheep and other Domestic Animals," and you are further required to make and enter complaint against the; j owner.or keeper of any such dog. Aereof fail not, and-make due return of this warrant with your, doings therein, stating the numUer, of dogs killed and the names of the owners or keepers thereof, and whether all unlicensed.dogs in said town (or.city) have, been killed, and the names of persons against whom complaints have been made under the provisions of said act, and whether complaints have been made and entered against all the persons who base failed to comply with the provisions of said-act, on or before the first day, of October next. Given under my hand and seal at aforesaid,-the day of in the' year eighteen hundred and (Alayor of) or ,Chairman of the Selectmen of SECT. .17. .:Tliis act shall take.effect upon its passage. [Approved April 9, 1567: - SECRETARY'S•.DEPARTMENT, Boston, April.15,..1$67.. I ,certifyy,. the.foregoing to .be a true copy. -:..�-------< OLIVER- WARNER, Seeretar#.; :