lb- 

 be dispensed with, it shall be lawful for such council by by-law to declare that 

 such application shall be dispensed with; and thereafter during the continuance 

 of such by-law, the sections ef this Act numbered 6, 7 and 17 to 21 inclusive 

 shall have no force or effect in the municipality within the jurisdiction of such 

 council; and the moneys collected and paid to the clerk or treasurer of the 

 municipality under the remaining sections of this Act, shall be the property of 

 the municipality, and shall be subject to its disposition in like manner as other 

 local taxes. R.S.O., 1887, c. 2U, s. 8 (1); 53 V., c. 62, s. 8; 55 V., c. 55, s. 1. 



Remarks: As will be noticed by Table VIII. , a number of munici- 

 palities which collect taxes on dogs take advantage of the above section to 

 dispense with the payment for damages done by dogs to sheep and use 

 the moneys so collected entirely for other purposes. The correspondents 

 claim that this is a great injustice to the sheep owners and express the 

 desire to have this clause repealed. 



PROTECTION OP SHEEP. 



9. Any person may kill — 



(a) Any dog which he sees pursuing, worrying or wounding any sheep or 



lamb ; or 



(b) Any dog without lawful permission in auy enclosed field on any farm 



which the owner or occupant thereof or his servant finds giving 

 tongue and terrifying any sheep or lamb on such farm, or, 



(c) Any dog which any person finds straying between sunset and sunrise 



on any farm whereon any sheep or lambs are kept; 

 But no dog so straying which belongs to or is kept or harbored by the 

 occupant of any premises next adjoining the said farm, or next adjoining that 

 part of any highway or lane which abuts on said farm, nor any dog so stray- 

 ing either when securely muzzled or when accompanied by or being within 

 reasonable call or control of any person owning or possessing or having the 

 charge or care of said dog, shall be so killed unless there is reasonable appre- 

 hension that such dog, if not killed, is likely to pursue, worry, wound or terrify 

 sheep or lambs then on the said farm. 56 V., c. 46, s. 2. 



10. The defendant in any action for damages for killing a dog under the 

 circumstances in the preceding section mentioned may plead not guilty by 

 statute and give this Act and the special matter in evidence. R.S.O., 1887, c 

 214, s. 10. 



11. On complaint made in writing on oath before a Justice of the Peace for 

 any oity, town or county, that any person residing in such city, town or county 

 owns, or has in his possession a dog which has within six months previous wor- 

 ried or injured or destroyed any sheep or lamb, the Justice of the Peace may 

 issue his summons, directed to such person, stating_shortly the matter of the 

 complaint, and requiring such person to appear before him, at a certain time 

 and place therein stated, to answer to such complaint, and to be further dealt 

 with according to law. R.S.O., 1887, c. 214, s. 11; 60 V., c. 45, s. 80. 



12.' The proceedings on such complaint and summons shall be regulated by 

 the Ontario Summary Convictions Act, which shall apply to cases under this 

 Act. R.S.O., 1887, c. 214, s. 12. 



13. In case any person is convicted on the oath of a credible witness, of 

 owning or having in his possession a dog which has worried or injured or 

 destroyed any sheep or lamb, the Justice of the Peace may (shall) make an 

 order for the killing of such dog (describing the same according to the tenor 



