17 



of the description given in the complaint and in the evidence) within three 

 days, and in default thereof may in his discretion (shall) impose a fine upon 

 such person not exceeding $20 with costs, and all penalties imposed under this 

 section shall be applied to the use of the municipality in which the defendant 

 resides. R.S.O., 1887, c. 214, s. 13; 60 V., c. 45, s. 80. 



14. No conviction under this Act shall be a bar to any action by the owner 

 or possessor, as aforesaid, of any sheep or lamb for the recovery of damages for 

 the injury done to such sheep or lamb, in respect of which such conviction is 

 had. R.S.O., 1887, c. 214, s. 14. 



15. — (1) The owner of any sheep or lamb killed or injured by any dog shall 

 be entitled to recover the damage occasioned thereby from the owner or keeper 

 of such dog, by an action for damages or by summary proceedings before a 

 Justice of the Peace, on information or complaint before suoh justice, who is 

 hereby authorized to hear and determine such complaint, and proceed thereon 

 in the manner provided by the Ontario Summary Convictions Act in respect 

 to proceedings therein mentioned ; and such aggrieved party shall be entitled 

 so to recover in such action or proceedings, whether the owner or keeper of 

 such dog knew or did not know that it was vicious or accustomed to worry 

 sheep. 



(2) If it appears to the court or judge at the trial of any such action for 

 damages, or to such justice at the hearing of the said information or complaint 

 before him, that the damage or some part of the damage sustained by such 

 aggrieved party was the joint act of some other dog or dogs, and of the dog 

 or dogs owned or kept by the person charged in such information or complaint, 

 the court, judge or justice shall have power so to decide and to apportion the 

 damages sustained by the complainant, among and against the respective own- 

 ers or keepers of the said dogs, as far as such owners or keepers are known, 

 in such shares and proportions as such court, judge or justice thinks fit, and to 

 award the same by the judgment of the said court or judge, or in the convic- 

 tion of such justice on behalf of such aggrieved person. 



(3) When in the opinion of the court, judge or justice, the damages were 

 occasioned by dogs the owner or owners of which are known, and dogs the 

 owner or owners of which are unknown, or the owner or owners of which have 

 not been summoned to«appear before the court, judge or justice, the court, 

 judge or justice may decide and adjudge as to the proportion of the damages 

 which, having regard to the evidence adduced as to the strength, ferocity and 

 character of the various dogs shown to have been engaged in committing such 

 damage, was probably done by the dogs the owner or owners of which have 

 been summoned to appear before the court, judge or justice and shall determine 

 in respect thereof and apportion the damages which the court, judge or justice 

 decides to have been probably done by the dogs whose owners have been sum- 

 moned, amongst the various owners who have been summoned as aforesaid. 



(4) The same proceedings shall thereupon be had against any person found 

 by the court, judge or justice to be the owner or keeper of the dogs which by 

 such court, judge or justice, are found to have contributed to the damage 

 sustained by the person aggrieved, as if the information or complaint had been 

 laid in the first instance against such person. 



(5) The court, judge or justice shall not decide and apportion the damage 

 against any person other than the person in the information or complaint first 

 charged, nor award the same in the judgment or conviction without such other 

 person having been summoned to appear before the court, judge or justice, and 

 having had an opportunity of calling witnesses. 



(6) Appeals against any conviction, apportionment or order made by a 

 justice oi the peace under this section, shall be made to the Division Court 

 holden in the division in which the cause of action arose, or in which the party 



2 bull. 161. 



