Sec. 10. Any town, city, or county officer refusing or neglecting to perform the duties herein imposed upon hint, Shall he punished by a fine not exceeding one hun dred dollars, to be paid, except in the county of Suffolk, Into the county treasury.
' Sec. 11. The treasurer of any county may, in an action of tort against the owner or keeper of any dog concerned in doing damage to sheep, lambs, or other domestic ani mals in said county, which damage has been ordered to he paid by the county commissioners, recover the full amount thereof to the use of eaid county. If the amount so recov ered exceeds the amount, so received by the owner of the sheep or other animals, under the provisions of section nine, the excess shall be paid by the county treasurer to such owner. All fines and penalties provided in this act may be recovered on complaint before any police court or trial justice in the county where the offence is committed. Moneys received by the treasurer of any county, city, or town, under the provisions of thii act, and not expended in accordance with its provisions, may be applied to the payment of any county, city, or town expenses.
In Rhode Island, by the law of 1860, a dog might be killed with impunity if found without a collar bearing his owner's initials, or worrying or wounding sheep or other stock out of the enclosure of his owner. Any person might make oath to any case of injury, or to the special ill fame of any particular whelp, and if the allega tion was sustained, the dog must be confined, or the life of the animal vfas forfeited. An addi tional law has just been passed, which requires dogs to be collared, registered, numbered, described, and licensed, with the payment of $1.15 for each male and $5.15 for each female dog, before the last day of April, and one dollar additional for each dog after that date, and previous to the first of June. It provides for the appointment of suitable persons to make a list of the owners or keepers of dogs, to be returned to the clerk previous to the first of May, who is required to furnish to such persons a list of all dogs licensed for the current year, and to make another list of those not licensed, with the name of the owner or keeper, to be suitably posted or advertised. Any one keeping a dog contrary to these provisions is liable to a fine of ten dollars; and persons appointed to make the lists are required to make complaint and prosecute delin quents prior to the first of July. Such persons and constables and police officers are required to kill and bury all unlicensed dogs, and any per son may lawfully do so, and for such service the sum of one dollar shall be paid. Removal of a collar is punishable by fine not exceeding fifty dollars. Damages to sheep are recoverable upon proof made within thirty days from the town or city treasury on the first day of June, Or a pro rata proportion of them if the tax fund is insuf ficient for payment in full ; and the city or town may then recover from the owner of the dog doing the mischief. By the law of Connecticut for the protection of sheep—that of July, 1863— the tax upon male dogs is one dollar each, females two dollars. The selectmen are authorized to collect of negligent collectors the taxes unpaid, as in the case of other arrearages due from col lectors; and they are not empowered to abate such tax unless upon satisfactory proof that the dog is dead. are also empowered to institute suit against the owners of dogs for the amount of damage for sheep maimed or killed .and if the owner resides in another town, the suit may be brought against that town. The provisions of the former law, yet partially in force, require the registry of all dogs over three months old, and sanction the killing of all not registered, and persons neglecting or refusing to register are liable to a fine of three dollars each. Dogs of known bad character shall be killed, although registered; and it is lawful to kill any dog taken in the act of worrying sheep. The laws of New York upon this subject, as amended by that of 1862, impose a tax of fifty cents for the first dog, $2 for each additional; $3 for the first female dog, and $5 for each additional. The assessors are required to annex to the assess ment roll the names of persons liable, and supervisors must return them, when, if failure in paying the tax occurs, it becomes the duty of the collector, and the privilege of any other man, to kill the dog. The collector has a commission of ten per cent. on fines, and one dollar for each dog killed. The previous enactment provided that the owner of dogs killing sheep should be liable for injuries perpetrated; and in case the owner should not be found, the loss should be paid out of the fund arising from the dog tax. By the laws of New Jersey dogs are taxed from fifty cents to one dollar each. Persons may lawfully kill a dog found worrying or wounding sheep: damages sustained by such depredationb are col lectible from the township committee, if the fund arising from such tax is sufficient. If the owner of a dog committing depredations shall neglect for twenty-four hours after notification to kill the animal, he shall forfeit ten dollars and costs to any person suing, and triple damages to. the owner of the stock injured or killed. A provision is made for the assessment of damages. sustained, to be certified by two disinterested freeholders, the amount not to exceed five dollars. for each sheep or lamb killed. Some counties. have had special enactments allowing full dam ages to be paid. By the provisions of a more recent act actual damages sustained by any per son are estimated by appraisemeut by two disin terested freeholders, the oath of the owner being also required as to real cost and value, the town ship where the injury was committed paying the owner, and the amount annually ascertained being laid upon the owners of dogs as a dog tax. No effective law is in existence in Pennsylvania for the protection of sheep. The owner of a dog, knowing that he has worried or killed sheep, and failing to kill him after such knowledge, is liable for all damages done by him thereafter. A dog may destroy a flock of sheep, without danger to himself or loss to his master, until he has offended a second time. If he kills a second flock, and his owner conveniently ignores the fact of the former offense, he may await, with the wool yet iu his teeth, for an opportunity to return again and kill. Delaware legislation, relative to protection of sheep, was initiated early in that State. A law of 1811 made the owners of dogs liable to the value of all sheep killed by them; that of 1820 forfeited the lives of dogs at large, without collars on their necks. By the law of 1811 the tax was from twenty-five to fifty cents for the support of the poor; by that of 1817 it was from fifty cents to $3 for a fund to pay for sheep killed by dogs; by that of 1839 from fifty cents to $1 for county purposes; by that of 1843 one dog was exempt, others $1 each for county purposes; by that of 1853 from $1 to $2 for a fund to pay for sheep killed by dogs. These are repealed, their prin cipal provisions being incorporated in the fol lowing laws: The owner or possessor of a dog which shall kill, wound, or worry a sheep, or lamb, shall be liable to pay the owner of such sheep, or lamb, the full value thereof, and it shall be lawful for any person to kill such dog. It shall be lawful for any person to kill any dog running at large in Newcastle county, beyond the owner's premises, without a collar upon his neck with the owner's name upon it. The law of 1862 requires an assessment list, of persons owning dogs, to be returned to the court. The tax is placed at fifty cents for each male and $1 for each additional dog, and $2 for each female dog, which shall procure the fund from which damages shall be paid, notto exceed $3 for each lamb and $5 for each sheep injured or killed, the remainder, if any, to go into the school fund. A dog not on the assessment list, which may be wandering or caught worrying sheep, may be killed. Persons paying taxes upon dogs are deemed to have property therein, and may recover damages for theft of or injury to such dogs. In Maryland the owner of a dog proved guilty of killing or injuring sheep, is required, upon complaint and exhibition of proof, to kill such dog, in default of which the owner of the sheep may kill him off the premises of his owner, or require a constable to do so, wherever found. If the dog shall be killed immediately by his, owner, the owner of the sheep injured can have no cause of action ; if not thus killed, his owner is liable for double damages, with costs, recoverable by an action of debt. Seve ral laws have been enacted in Ohio to restrain dogs, none of which have been very stringent or effective, or generally executed. One was passed by the general assembly in 1863, declaring it for any dog to run at large off the premises of the owner in the night season, between the hours of seven o'clock in the evening and six o'clock in the morning, unless accom panied by the person owning or harboring the animal; and the owner or keeper is required to keep the dog upon his premises between those hours. It is of so negative and incomplete a character as to be practically worthless. The only real protection of an Ohio flock is a well loaded gun in the hands of its owner. In Indi anaa license is required, at fifty cents for the first male dog, one dollar for each additional dog, and one dollar in every case for a female dog. All unlicensed dogs are declared nuisances that may lawfully be killed. Accruing funds are set apart for the payment of d.ainages suffered' from injuries to sheep in the several townships. The sufferer has his option of the following remedies: Within ten days after hav ing knowledge of such depredations, he may substantiate it to the satisfaction of the township trustee, and draw the amount at the end of the current year, or a. pro rata proportion if the fund is deficient; or he may recover by suit full damages from the owner of the dog. A fine of from five to fifty dollars and liability to dam ages, recoverable by the owner, are the penal ties for killing licensed dogs that maintain a fair canine character. The Secretary of the Board of Agriculture reports that the law is so defec tive that it virtually amounts to nothing. In Michigan a law approved March 29, 1850, authorizes the destruction of dogs attacking any kind of domestic animals, except on the premi ses of the owner of the dog, and such owner is liable for double the amount of damages done by the dog. , When notified of such damage, neglect of the owner to kill the dog is punish able by a fine of $3, and $1.50 additional for every forty-eight hours thereafter, until such dog shall be killed. Supervisors, upon com plaint of a citizen, verified by his oath, are required to prosecute and recover the fines imposed by this act. An act was passed March 20, 1863, requiring township assessors to ascer tain the number of dogs liable to be taxed, and the names of their owners; and if such owners refuse for ten days after demand to pay the taxes assessed, it becomes lawful to kill the dogs so taxed. By the law of 1860, dogs in Wisconsin are required to be numbered, collared, regis tered and licensed on payment of one dollar for males and three dollars for females; and police officers, constables, and marshals are required to kill and bury all unregistered dogs, and to receive twenty-five cents for such service. A person may be fined fifty dollars for removing a collar. Persons suffering loss from dogs are paid full damages at the first of April, if the tax fund is sufficient; if not, pro rata; and the owner of the dog is liable to the town for the full amount. The fine for keeping unregistered dogs is five dollars. Officers neglecting, or refusing to obey the law, are fined $20 for every twenty-four hours of such neglect. Towns may increase the license not more than one dol lar, and the penalty not more than ten. The following is an epitome of the law of Minnesota, of March, 1863, which repeals previous enact ments on the subject: Every owner or keeper of a dog shall cause such dog to be registered, numbered, described, and licensed, paying one dollar for each male and two dollars for each female. The township or, city clerk shall con spicuously post a list of all licensed dogs, and furnish one to constables and chief of police. '` Failure to license shall make one liable to a pen- ' alty of ten dollars. Stealing or poisoning a dog is punishable by fine not exceeding fifty dollars, and killing subjects to liability for damages double the value of the dog. Constables and police,officers shall and any person may, kill any unlicensed dog; any one may also kill a dog assaulting him, or worrying sheep out of the enclosure of his owner. Within thirty days after suffering injury or loss of sheep by dogs, proof of damages may be presented to the county auditor, who may draw an order upon the treas urer, payable from the fund accruing from taxes of dogs, when the city or town may sue and recover full damages from the owner of the dog. It is made the duty of the mayor and aldermen of cities, and the supervisors of towns, to require the destruction of unlicensed dogs, and officers refusing or neglecting to perform these duties are liable to a fine of twenty-five dollars for the benefit of schools. All of these penaltieS may be recovered, on complaint by any householder, before any justice of the peace of the county, Money remaining after the yearly payments from the tax fund is turned over to the school fund. A law was passed in • 1862 by the Iowa legislature for the protection of sheep against the ravages of dogs. At the following session, called with reference to legis lation in the interest of the soldiers, the law was repealed. We have given considerable space to the summary of the dog laws, for the reason that they interest many—those who keep animals subject to be worried, and those who keep dogs. From these, communities will easily understand the laws necessary to be enacted in the special cases that may occcur in each State. The laws concerning manures (commercial) are constantly varying in those States where the sale is an important industry. No commercial manures should be bought, except accompanied with an analysis, and from parties of known business probity. (See Manures.) The fence and stock laws are contained in the article Fenc ing, which see. The laws in relation to Forestry by the general Government grants eighty or 160 acres to the settler who plants and cultivates a certain area in forest. Individual States have done something to encourage tree planting through the remission of taxes. Horticultural Societies and State Boards of Agriculture have offered premiums, and have discussed the bene fits of tree planting. Thus inducing the prose cution of this necessary and important work. So far as the laws of Congress are concerned the new settlers who have planted groves have been illy able to incur the labor of tree planting, as. necessary as this work is, for the land that from one to three hundred dollars would have bought. Speculators, first incited the laws that they might reap the benefits, in having groves adja cent to the lands which they were holding until the new settlers had made them valuable by demonstrating the adaptability of the soil to cultivation. These laws have been several times amended until now the settler acquires title to 160 acres of Government land if he shall plant and keep in cultivation ten acres of the same for five years. In relation to taxation for road pur poses in Iowa, it is as follows: The Board of Supervisors has the general supervision of roads in the county, with power to establish or change them as provided by law. The town trustees levy a road tax each year of not less than one mill nor more than three on the dollar of the tax able property in each road district. A road supervisor is elected in each district, who has the supervision of the roads in his district, and it is his duty to keep these roads in as good repair as he can with-the funds at his disposal; it is also his duty to require each able-bodied man between twenty-one fifty years of age to perform two days' labor on the roads, between April and August of each year, himself or by proxy. There is great similarity in the systems of
taxation, it being generally a poll tax in labor, varying in the different States from one day to five per annum; and in some portions of the 'country a money tax, varying from one mill to two cents on the one hundred dollars; and in others a tax for bridge purposes alone, as high as four cents on the one hundred dollars of taxable property. Owing to the abundance and excellence of material in some regions, and the scarcity and inferiority of it in others, there is a difference of at least tenfold in the cost of con struction and maintenance of good roads. Good ones are the exceptions in all the States. In a majority of the States there are general stock laws prohibiting cattle and other stock from running at large; in some instances, however, authority is delegated to counties or towns to make by-laws upon the subject, or there is special legislation for particular counties or districts. The law of estrays differs in the various States in no essential particulars. If an .animal is found running at large, in violation of law, it may be taken up and impounded, where public pounds have been provided; or it may be held by the person so taking up, on his own premises. If the owner is known, notice must be given him at once; if unknown, the -animal must be advertised for a specified time; and no owner making claim, it must be sold to the _highest bidder. The person taking up the estray is entitled to a reasonable compensation for maintaining the beast. In some States, after a certain time, the estray becomes the property of the person taking it up, the prescribed legal notice having been given. When an animal is found doing damage on the land of another, the fences being constructed according to law, it may be held as security for damages. In all cases where the owner is known, he must be notified of the facts, and a reasonable time allowed him to reclaim and to inspect damages. In the majority of the States, also, owners of stock are required to adopt certain ear marks, marks, or brands, and to make a record of them. A glance at some of the principal features of the laws relating to stock in the several States will show the importance attached to the subject, and may prove suggestive to communities where legislation is defective. In Maine and New Hampshire, towns may make by-laws concerning the running of animals at large. The laws of Maine provide that persons injured by beasts may sue for damages, and distrain the animal. New Hampshire allows the owner of stock impounded for doing damage, four days to respond to notice of the fact; and if he fails to answer, the animals may be sold and the amount of the damage be deducted from the proceeds. In Vermont, twenty days are allowed for re demption. Ungelded animals are not allowed to run at large. Rams must be restrained from August 1st, to December 1st, and be marked with the initials of the owner's name; and if found at large, a forfeit of five dollars is due for each one taken up, to the person so taking up. The owner of such animals is responsible for all damage done by them. Sheep infected with foot-rot or scab, must be diligently restrained, and for all damages resulting from neglect of this provision the owner is responsible, and is also subject to a fine of ten dollars. Any person finding such diseased animals at large, may take them as forfeit, and no action at law, or in equity will lie for their recovery. Any person who shall drive, or in any manner bring, into the State any neat cattle, knowing them, or any of them, to have the pleuro-pneumonia, or of hav ing been exposed to that disease, is liable to a forfeit of a sum not over five hundred dollars, or to imprisonment in a county jail for not more than twelve months, nor less than one month. Towns may establish regulations, appoint officers or agents, and raise and appropriate money for the purpose of preventing and arresting the spread of pleuro-pneumonia. The laws of Mas sachusetts provide that when a person is injured in his crops or other property by sheep, swine, horses, mules, or neat cattle, he may recover damages in an action of tort, against the owner of the beasts, or by distraining the beasts doing the damage; but if it be found that the beasts were lawfully on the adjoining lands, and escaped therefrom in consequence of the neglect of the person who suffered the damage to main tain his part of the division fence, the owner of the beasts shall not be liable for such damages. The selectmen of towns and the mayor and al dermen of cities, in case of the existence of pleuro-pneumonia or any other contagious disease among cattle, shall cause the infected animals or those exposed to infection to be se cured in some suitable place or places, and kept isolated, the expense of keeping to be paid, one fifth by city or town, and four-fifths by the State. They may prohibit the departure of cattle from any enclosure, or exclude them therefrom; may make rules in writing to regulate or prohibit the passage of any neat cattle to, or thropgh their respective cities or towns, or from place to place and arrest and detain them at the cost of the owners. They are authorized to brand infected animals or those exposed to infection, with the letter P on the rump. For selling an animal so branded, there is liability to fine not exceeding $500, or imprisonment not exceeding one year. Notice of any suspicion of the existence of contagious disease must be given, with a pen alty for neglect refusal. A board of com missioners is appointed for the State, with au thority to use any measure to control the intro duction of diseased cattle into the State, or the spread of the disease. The rules and regula tions made by this board supersede those of the selectmen of towns, and mayor and olden:ben of cities. The moving of cattle into other States without permission is prohibited. The law of 1867 provides that no cattle diseased, or suspected of being diseased, shall be killed, ex cept by order of the governor. Thc owners of cattle ordered to be killed are indemnified. In Rhode Island, animals trespassing on lands are held a year and a day ; and if a horse, must have a withe kept about WS neck during that time. Each town is required to erect and maintain at its own charge one or more public pounds, and it is lawful for any freeholder or qualified elec tor or field driver, and it is made the duty of every surveyor of highways, to take up and impound any horse, neat cattle, sheep, or hogs found at large on any highway or common. Provisions of the act extend also to goats and geese. In 1860, in view of the dangerous disease which had become prevalent in other States, the gen eral assembly enacted that neat cattle might only be brought into 'the State from places west of the Connecticut river, upon thoroughfares leading into the western and the southern portions of the State, under regulations established by a board of commissioners, until they should prohibit importations from any of said places. For a violation of the provisions of the act, a penalty was provided, not exceeding $300 for each of fense, and liability to indictment, and, on con viction, imprisonment not exceeding one year. In case of the introduction of a number of dis eased cattle at the same time, the introduction of each animal is to be deemed a separate and dis tinct offense. Town councils are empowered to take all necessary measures to prevent the break ing out or spreading of any infectious diseases among the neat cattle in their respective towns, and to prescribe penalties in money, not exceed ing $500. A board of commissioners is provi ded for, to be appointed by the governor, con sisting of one person from each county, to see that the law is faithfully executed. It is made the especial duty of the bqard to endeavor to ob tain full information in relation to the diseases known as pleuro-pneumonia, and to publish and circulate the same, at their discretion ; and in case the disease should break out, or there should be a reasonable suspicion of its existence in any town, they are required to examine the several cases and publish the result of their examination, in order that the public may have correct infor mation. If satisfied of its existence in any town, they must give public notice of the fact in prin ted handbills, posted up ; and, thereafter, any incorporated company or person who may drive, carry, or transport any neat cattle out of the town into any other town in the State, is liable to the penalties above stated. Any person who sells or offers to sell any cattle known to be in fected with pleuro-pneumonia, or with any dis ease dangerous to public health, is liable to in dictment, and, on conviction, to punishment by fine not exceeding $1,000, or imprisonment not exceeding two years. The act of March 26, 1864, provides that any person knowingly bringing into the State any neat cattle or other animals suffering from any infectious disease, or who knowingly exposes such cattle or other animal to other cattle and animals not infected with such disease, shall upon conviction, pay a fine of not less than $100, and not exceeding $500. The laws of Connecticut allow owners of sheep to keep flocks in common, and to make their own rules and regulations concerning their care and safety. No horses, asses, mules, neat cattle, sheep, swine, or geese are allowed to go at large in any highway or common, or to roam at large for the purpose of being kept or pastured on the highway or commons, either with or without a keeper. Any person may seize and take into his custody and possession any animal which may be trespassing upon his premises, provided the animal enter from the highway, or through a fence belonging to the owner of the animal, or through a ]awful fence belonging to any other person. He must give immediate notice to the owner if known, and may demand for every horse, mule, ass, ox, cow, or calf, twenty-five cents; and for every sheep, goat, goose, or swine, ten cents; together with just damages for injuries occasioned by such ani mals, if applied for within twenty-four hours after such notice shall have been given. If the owner is not known, the animal shall be sold by the town clerk, after due public notice.. The cattle laws of New York allow any person to seize and take into his custody any animal which may be in any public highway, and opposite to ]and owned or occupied by him, or which may be trespassing upon his premises. Notice must be given to a justice of the peace, or a commissioner of highways of the town in which the seizure has been made, who shall post up notices in six pub lic laces that the anima] will be sold in not less than fifteen nor more than thirty days. The sur plus money, after payment of all charges is sub ject to the order of the owner for one year. The owner, before sale, may pay all charges and take the animal. If the animal has been trespassing by the willful act of another than the owner to effect that object, the owner is entitled to the animal upon making demand, after paying the compensation fixed by the justice or commis sioner, but no other costs ; and the person com mitting such willful act will be held liable to a penalty of • twenty dollars. In New Jersey town committees, upon notice of the existence of any disease supposed to be contagious, are re quired personally to examine the cause, and if the symptoms which characterize contagious diseases are exhibited, shall cause such animals to be removed and kept separate and apart from other cattle and stock, five hundred feet distant from any highway, and the same distance from any and all neighbors. If any die of the disease, or are killed, they must be buried immediately, five hundred feet distant etc., as above. No cattle that have been sick, and have recovered from any supposed contagious or infectious disease, shall mix with other cattle, or be removed, unless permission has been given by the town commit tee. Any person knowingly storing a hide, or any other portion of a diseased animal, is sub ject to a fine. The town committee are ized to prohibit the importation or passage of cattle from other places into or through their respective towns. After notice of prohibition, owners are liable to a fine of $100 for every animal driven into a township. A fine of $100 is imposed for every animal sold and known to be diseased. The act of 1866 authorizes the Agricultural Society of the State to take measures for preventing the introduction or increase of rinderpest and any other disease among cattle, at their discretion. And also animals affected with glanders are authorized to be killed. Cattle must not be marked by cropping both ears; nor must either ear be cropped more than one inch. The running of cattle at large is clintrolled in Pennsylvania by towns and counties, through special legislation. The sale of cattle or sheep affected with pleuro-pneumonia, or any other contagious or infectious disease, is punished by a fine not exceeding $500, or imprisonment not exceeding six months. Animals must not be sold alive from, or slaughtered on, premises where disease is known to exist, nor for a period of two months after disease shall have disap peared from the premises. Cattle and sheep are not allowed to run at large where any contagious disease prevails. Constables of townships are required to take up and confine any animals sb found, until all costs are paid. In Delaware, by act of general assembly, cattle are forbidden to run at large in certain districts. Stallions over eighteen months old are not permitte,d to be at large. The laws of Maryland provide that any person aggrieved by trespass upon his premises of any cattle, hogs, or sheep in the possession or care of a non-resident, may impound them, and have the damages sustained by the trespass, valued on oath by two disinterested citizens of his county, and the animals may be sold for the damages and costs. The laws of Virginia pro vide that if any horses, cattle, hogs, sheep, or goats enter into any grounds inclosed by a law ful fence, the owner or manager shall be liable to the owner of the ground for all damages; and for every succeeding trespass by such ani mals, the owner shall be liable for double dama ges; and, after having given at least five days' notice to the owner of the animals of the fact of two previous trespasses, the aggrieved party shall be entitled to the animals if again found tres pasiing on the same lands. Horses diseased and unaltered, are not allowed to be at large. Every person shall so restrain his distempered' cattle, or such as are under hisocare, that they may not go at large off the land to which they belong; and no person shall drive any distempered cattle into or through the State, or from one part of it to another, unless it be to remove them from one piece of ground to another of the same owner; and when any such cattle die, the owner thereof, or person having them in charge, shall cause them to be buried (with their hide on) four feet deep. Any justice, upon proof before him that any cattle are going at large, or are driven in or through his county dr corporation, in violation of law, may direct the owner to impound them; and if he fail to do so, or suffer them to escape before obtaining a certificate that they may be removed with safety, they shall, by order of the justice, be killed and buried four feet deep, with their hides on, but so cut that no one may be tempted to dig them up. For the,protection of sheep special laws have been passed taxing dogs in certain counties, and for their restraint in those counties. In North Carolina, if cattle are driven from one part of the State to another, they must be certified to be healthy, sound, and free from any infectious distemper; the granting of such certificate by any justice, without affida vit is a misdemeanor in office. Stallions and mules over two years old are not allowed to go at large, under a penalty of twenty dollars.