18 



complained against or one of them, resided at the time of making the com- 

 plaint ; and the proceedings shall be the same or nearly as may be as on appeals 

 under the Act respecting Master and Servant. R.S.O., 1887, c. 214, s. 15. 



16. The owner or keeper of any dog or dogs, to whom notice is given of any 

 injury done by his dog or dogs to any sheep or lamb, or of his dog or dogs 

 having chased or worried any sheep or lamb, shall, within forty-eight 

 hours after such notice, cause such dog or dogs to be killed, and for every 

 neglect so to do he shall forfeit a sum of $2.50 for each dog and a further sum 

 of $1.25 for each such dog for every forty-eight hours thereafter until the same 

 is killed if it is proved to the satisfaction of the justice of the peace before 

 whom proceedings are taken for the recovery of such penalties that such 

 dog or dogs has or have wor/ied or otherwise injured such sheep or lambs; 

 but no such penalties shall be enforced in case it appears to the satisfaction of 

 the justice of the peace that it was not in the power of the owner or keeper 

 to kill such dog or dogs. R.S.O., 1887, c. 214, s. 16. 



• 17. In case the owner of any sheep or lamb so killed or injured proceeds 

 against the owner or keeper of the dog that committed the injury, before a 

 justice of the peace, as provided by this Act, and is unable on the conviction 

 of the offender to levy the amount ordered to be paid, for want of sufficient 

 distress to levy the same, then the council of the municipality in which the 

 offender resided at the time of the injury shall order their treasurer to pay to 

 the aggrieved party not less than two-thirds of the amount ordered to be paid 

 by the justice under the conviction in addition to the costs of the proceedings 

 before the justice and before the council. R.S.O., 1887, c. 214, s. 17; 53 V., 

 c. 62, ■. 7. 



Remarks : The above change would permit the officials of the muni- 

 cipality to use their judgment as to whether they should pay the full 

 amount of the damage sustained, but it makes it compulsory for them 

 to pay at least two-thirds value. A great many correspondents wish to 

 have it made compulsory upon the municipality to pay damages in full, 

 but a number of correspondents drew attention to the fact that in some 

 cases the municipality is imposed upon, and the Association therefore 

 decided on the above basis for payment. 



17a. The Council of each township, town or village, shall at their first 

 meeting each year appoint one or more competent persons, to be known as 

 Sheep Inspectors, whose duty it shall be to inspect the injury done to sheep 

 by dogs in cases where the owner or keeper of the dog or dogs committing 

 the injury cannot be found, and the aggrieved party intends to make claim 

 for compensation from the council of the municipality. Said appointee shall 

 investigate the injury within 48 hours after the notice is given to him and 

 forthwith make his report in writing to the Clerk of the Council as early as 

 possible after the investigation, giving in detail the extent of injuries and 

 amount of damage done. This report shall be used by the council as evidence 

 in adjusting the claim. 



Remarks : In order to avoid the imposition by sheep owners as re- 

 ferred to in the remarks following section 17, and in order to secure a 

 proper valuation of the damage done, it is considered advisable that the 

 above section should be made a part of the Act. In at least one of the 

 townships of the Province they have sheep inspectors at the present time 

 and their work has been reported to be quite satisfactory both to the 



