STATUTES. tered in April annually. 1. Every owner or keeper of a dog shall annually, on or Dogs to be regisbefore the thirtieth day of April, cause it to be registered, numbered, described and licensed for one year from the first day of 1867, c. 130, § 1. 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. be istered at other times. 2. Any person becoming the owner or keeper of a dog not Dogs may duly licensed, on or after the first day of May, shall cause said dog to be registered, numbered, described and licensed until the Ibid. § 2. first of the ensuing May, in the manner, and subject to the terms and duties prescribed in this act. reg issue licenses and keep record. 3. The clerks of cities or towns shall issue said licenses, and City clerk to receive the money therefor, and pay the same into the treasuries of their respective counties, except in the county of Suffolk, on or 1867, c. 130, § 3. 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. 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. Treasurer to keep separate account. ing unlicensed Ibid. § 5. 5. Any person keeping a dog, contrary to the provisions of Penalty for keepthis act, shall forfeit fifteen dollars, to be recovered by complaint or dog. 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 Transfer of 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. license. Assessors to report dogs. 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 Ibid. § 6. 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 1867, c. 130, § 6. Unlicensed dogs to be killed. 1867, c. 130, § 7. 15 Gray, 61. 11 Allen, 151. Police officers to Mayor to notify issue of warrant. Ibid. § 9. 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. 7. Mayors of cities and the chairmen 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 caused 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 treasurers 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. 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. 9. The mayors of cities, and the chairmen of selectmen of district attorney 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. Damage to animals to be paid by city. Ibid. § 10. 2 Allen, 207. 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 1867, c. 130, § 10. 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 the gross amount received by him and not previously paid out under the provisions of this act is 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 the 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; and 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 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, having 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 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 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. 11. Any city, town or county officer refusing or wilfully neglecting to perform the duties herein imposed upon him, shall Penalty for neglect of duty. Ibid. § 11. 1867, c. 130, § 11. Owners of dogs liable for their in Ibid. § 12. 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. 12. The treasurer of any county may, and, when ordered by juries to sheep, &c. 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 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 penalties 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. Unexpended moneys, how disposed of. 1869, c. 250, § 1. Claims in county of Suffolk, how paid. 1867, c. 130, § 13. Dangerous dogs, how disposed of. Ibid. § 14. Moneys received by the treasurer of any city or town in the county of Suffolk, under the provisions of this act, and not expended in accordance with its provisions, shall be appropriated by the school committee of said city or town for the support of the public schools therein established. 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 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 full amount thereof. 14. Any person owning or keeping a licensed dog, who may have received a notice, in 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. 15. The warrants required to be issued by the seventh section Warrant, form of, of this act may be in the following form, viz : COMMONWEALTH OF MASSACHUSETTS. for killing dogs. 1867, c. 130, § 16. 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 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 day of 16. in the year eighteen hundred and aforesaid, the (Mayor of) or Chairman of the For removing collar, stealing dog, G. S. 88, § 57. Whoever wrongfully removes the collar from or steals a dog, licensed and collared as aforesaid, shall be punished by fine not exceeding fifty dollars; and whoever wrongfully kills, maims, entices, or carries away such a dog, shall be liable to its owner for its value in an action of tort. Whoever distributes or exposes For exposing any poisonous substance, with intent that the same shall be eaten by any dog, shall be punished by fine not exceeding fifty nor less than ten dollars. 17. Every owner or keeper of a dog shall forfeit to any person injured by it double the amount of the damage sustained by him, to be recovered in an action of tort. poisons, &c. Persons injured to recover double, &c. 20 Pick. 477. 12 Met. 291. 11 Gray, 29. 1 Allen, 191. Allen, 101, 191. may kill, &c. When any person 18. Any person may kill a dog that shall suddenly assault him 12 Cush. 278. while he is peaceably walking or riding without the enclosure of its owner or keeper; and any person may kill a dog that is found out of the enclosure or immediate care of its owner or keeper, worrying, wounding, or killing any neat cattle, sheep, or lambs. 19. If any person so assaulted, or finding a dog strolling out of the enclosure or immediate care of its owner or keeper, shall, G. S. 88, § 60. 13 Johns. 312. 4 Cowen, 851. Dangerous, to be |