OF THE GENERAL POLICE.

CHAPTER 61.

Dog taxto

collected in Kentcounty.

FOR THE PROTECTION OF SHEEP.

AN ACT taxing Dogs, and for the protection of Sheep.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION I. That there shall annually be assessed, levied berevied and and collected at the same times and in the same manner and on the same terms as other county taxes are assessed and colWhen, how. lected, a tax on every dog, owned, kept or harbored within the county of Kent, viz; on every male dog, one dollar, and on every female dog, two dollars; any person harboring any dog or dogs shall be taken to be the owner thereof.

Who deemed owner.

Duty of assessor to make dog list.

SECTION 2. It shall be the duty of the assessor, whose duty it is to assess real and personal property, to make out a separate alphabetical list on or before January Ist, of the names of each and every owner of any dog, and the number and kind of such dogs within such hundred, and sha'l post on or before January 15th, the same in at least five public places in such hundred, and shall make return of said list to the Levy Levy Court Court of said county on the first Tuesday in February of each year, and the said Levy Court shall have power to make addiAlterations. tions to and corrections of said lists at any time before the same is placed in the hands of the collector for collection.

List to be posted. Return to

A separate

SECTION 3. The collectors of taxes in the several hundreds account to be shall keep and return to the treasurer of the county, a separate account of all taxes collected under this act, and the treasurer shall enter and keep in the books a separate account of all moneys received under it for taxes or fines, and all expenes indog tax fund. curred in their assessment and collection, which account shall

kept of moneys collected under this act, to be styled the

be styled the Dog Tax Fund.

SECTION 4. That all the money collected under the provisHow the fund ions of this act over and above the expenses of its assessment propriated. and collection, shall be held for the payment of all losses from

shall be ap

Proviso.

the destruction or injury of sheep and lambs by dogs as hereinafter provided, but any money not immediately required for such purposes may be appropriated to the use of the county as other taxes; provided that no such appropriation shall be made when there is a less sum than one thousand dollars in the treasury to the credit of said fund.

SECTION 5. That whenever any person residing within the county of Kent, whether owner, or keeper of sheep for shares

OF THE GENERAL POLICE.

ges for loss

of sheep by

awarded.

Award of

by

of profits, shall have sheep or lambs destroyed or injured by How damadogs, he shall, immediately, upon loss or injury of such sheep or or injury lambs, make a list of the number so destroyed or injured and dogs shall be the amount of damages claimed, and present the same to the assessed and nearest or to a near justice of the peace, whereupon it shall be the duty of said justice of the peace to appoint three reputable, disinterested free holders who shall visit the place upon which the damage was alleged to have been done, and view the sheep or lambs so destroyed or injured, and assess the act-freeholders ual damage that should be awarded; and if they require it, may certified cause witnesses to appear and testify under oath or affirma-peace to be tion administered by said justice to any matter relating to the county case and the award of said freeholders or by any two of them, treasurer for sworn or affirmed to before said justice and certified by him, same. shall be sufficient voucher for the treasurer to pay the same, as also one dollar to each of said freeholders and the justice of Duty of the peace for their services in the case, and if there shall not when not be sufficient money in the treasury applicable to the payment money in of such certificate when presented, the treasurer shall note treasury for upon said certificate the time of its presentation, and such certificate. certificate shall have precedence according to its date, when Priority of there shall be money in the treasury applicable thereto.

a voucher to

payment of

treasurer

sufficient

payment of

certificate.

Property in which tax

SECTION 6. All persons owning dogs on which they have paid tax, shall have the same right of property in them as in dogs on other personal property, and to recover by law for loss or is paid. damage thereto.

him after

dog

dog has been

SECTION 7. That when any person owning or harboring any Liability of dog detected in killing or worrying any sheep or lambs, shall refusing to be notified of the same, sworn or affirmed to by the person kill any d cognizant of the facts, he shall cause such dog to be immedi- harbored by ately killed, and if he refuse or neglect to kill such dog for sworn notice ten days after such notice, he shall be liable to pay a fine of that such ten dollars, to be sued for as other debts are sued for by any detected in citizen of the county, and if judgment shall be obtained, and &c. the money collected, it shall be paid to the county treasurer, How coland credited to the Dog Tax Fund; and the justice trying lected and the case, shall, upon judgment against such owner, cause such dog to be immediately killed, and shall be entitled to fifty Dog to be cents for such services in addition to his legal costs.

Passed at Dover, March 24, 1875.

killing sheep,

Fine

appropriated.

When.
Fees.

Vol. 14, 387.

Chap. 414, of vol. 14, amended.

Penalty for cruelty to animals.

Fine.

OF THE GENERAL POLICE.

CHAPTER 62.

FOR THE PREVENTION OF CRUELTY TO ANIMALS.

AN ACT to amend chapter 414, vol. 14, Laws of Delaware.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That chapter 414, vol. 14, Laws of Delaware, be and the same is hereby amended by striking out all of said act after the enacting clause thereof, and substituting the following.

SECTION 2. That whoever shall overdrive, overload, drive when overloaded, overwork, torture, torment, mutilate, or shall cruelly kill, beat, ill-treat or otherwise abuse any animals, or work or drive the same when unfit for labor, or cruelly abandon the same, or shall cause any animal to be overdriven, overloaded, driven when overloaded, overworked. tortured, tormented, mutilated, or to be cruelly killed, beaten, ill-treated or otherwise abused, or worked or driven when the same is unfit for labor, or to be cruelly abandoned or having the charge or custody of any animal, either as owner, or otherwise shall inflict unnecessary cruelty upon the same, or unnecessarily fail to provide the same with proper food, drink, shelter ; or shall keep or use, or in any way be connected with, or interested in the management of or shall receive money for the admission of any person to any place kept or used for the purpose of fighting any dog, cock, or other creature, or shall knowingly suffer or permit any place over which he or she has possession or control, to be occupied, kept or used for such purpose, or shall be present at, or shall encourage, aid or assist at such exhibition, shall for every such offence be fined in a sum not exceeding twenty-five dollars, and shall be imprisoned until

Imprison- such fine is paid.

ment.

SECTION 3. If any owner or owners, possessor, or person or animals by persons having the charge or custody of any living animal, transportan shall carry or cause to be carried on or upon any vehicle, or otherwise, any such animals tied or fastened in any cruel or inhuman manner, or shall carry or cause to be carried any edible live animal in or upon any vehicle or otherwise, without providing suitable transportation, and while awaiting slaughter; or shall abandon any maimed, sick, infirm or disabled animal to die, he or they shall be punished for every such offence in the manner provided in section 2.

OF THE GENERAL POLICE.

peace to

warrant

cruelty to

SECTION 4. When complaint is made on oath or affirmation, Justice of to any justice of the peace, that the complainant believes, issue search and has reasonable cause to believe, that the laws for the pre- upon comvention of cruelty to animals have been or are being violated plaint of in any particular building or place, such justice of the peace, animals. if satisfied that there is probable cause for such belief, shall forthwith issue a search warrant which may be directed to any proper officer, or to any other person by name, for service, authorizing him to search such building or place, and to arrest any person or persons there found aiding or abetting in the violation of said laws, and to bring such person or persons before some justice of the peace, to be dealt with according to No search law, but no such search shall be made between the hours of between sunset and sunrise, unless the justice of the peace shall be sat-sunrise isfied that it is necessary, in order to prevent the escape of the person to be searched for, and then the authority shall be Exception. expressly given in the warrant.

sunset and

Any viola

act public

have plenary

SECTION 5. That any violation of any of the provisions of this act, shall be deemed and taken to be and shall constitute tion of this a public nuisance, offensive to the public sense and morals, nuisance. and punishable as such, and that any justice of the peace in Justices of this State, shall have plenary jurisdiction in all cases of the the peace to violation of any of the provisions of this act, and it shall be the jurisdiction. duty of any justice of the peace, upon complaint made before him, on oath or affirmation, that the complainant believes, and has reasonable cause to believe that a person has violated or is violating any of the provisions of this act, to issue his warrant directed to any sheriff, constable, or to any police officer of any city or town, commanding him to arrest such person and bring him before said justice for trial; if upon such Trial. trial the said justice shall find that the person arrested has violated any of the provisions of this act, he shall thereupon impose the fine as prescribed in this act.

Fine.

sheriff,

public officer

SECTION 6. It shall be the duty of any sheriff in the State, Duty of or constable, or police of any city or town, within this State, constable, or upon his own view of any violation of any of the provisions of to arrest an this act, to arrest such offender and bring him before any jus- offender. tice of the peace of the State of Delaware, to be dealt with according to law, and all fines collected under this act shall be paid one half to the funds of the school district in which Fines. such nuisance is committed, and the other half to the State How apTreasurer.

plied.

SECTION 7. The word animals in this act shall be construed "Animals," to mean and include pigeons and all brute creatures.

Passed at Dover, March 26, 1875.

what to include.

Not lawful for live stock to run

OF THE GENERAL POLICE.

CHAPTER 63.

OF STRAYS.

AN ACT prohibiting Live Stock from running at large in School District
No. 81, in New Castle county.

SECTION 1. Be it enacted by the Senate and House of Repat large in resentatives of the State of Delaware in General Assembly Schoict No. met, That it shall not be lawful from and after the passage of 81, in Castle this act for any live stock to run on the public highways in

county.

Lawful for any person

tion.

School District No. 81, New Castle county.

SECTION 2. It shall be lawful for any person in said district to take up to take up any live stock running on the highway in said disand impound trict, and impound the same, and they shall have the right to demand and receive one dollar for every animal so taken up, Compensa- and twenty-five cents per head for every day such animals are kept, and may retain the same until all legal charges are paid. SECTION 3. In case any damages may have been sustained by reason of such stock running at large, any justice of the peace of the county may appoint three suitable freeholders to estimate said damages, which, together with the legal charges for keeping said stock, shall be paid by the person or persons claiming the same before the said animals shall be delivered.

If damages sustained,

justice of

peace may appoint

three free

holders to estimate

same.

In case said stock is not claimed within 30 days, to be advertised for sale. Notices.

Sale.

in the

National

Middletown

SECTION 4. In case said stock is not claimed, and all charges are not, in accordance with this act, satisfied within thirty days, the person having said stock in charge shall advertise the same at public sale, by not less than five written or printed notices posted for at least ten days previous to said sale in five conspicuous places in the district in which said stock was

taken up, at expiration of which time they shall proceed to sell the same, the proceeds of which sale after deducting Proceeds to all just charges, shall be deposited in the Citizens National be deposited Bank at Middletown, to the credit of said school district zen's and be held by said bank for one year, if not sooner claimed Bank at by some person who shall make satisfactory proof before to be held for some justice of the peace in New Castle county that they one year. are the real owners of said stock. Upon a certificate of said If unclaimed justice of the peace, said owner shall be entitled to draw the clerk of the money from said bank; if not so claimed it shall be subject to and paid over on the order of the clerk of said school district in which said stock was taken up, to be devoted to the school purposes of said district.

to be paid to

school district.

Passed at Dover, January 20, 1875.