20 



18. Subject to the provisions in the next following section, the owner 

 of any sheep or lamb killed or injured by any dog, the owner or keeper of 

 which is not known, may within three months after the killing or injury apply 

 to the council of the municipality in which such sheep or lamb was so killed or 

 injured, for compensation for the injury ; and if the council (any member of 

 which shall be competent to administer an oath or oaths in examining parties 

 in the premises) is satisfied that the aggrieved party has made diligent search 

 and inquiry to ascertain the owner or keeper of such dog, and that such owner 

 or keeper cannot be found, they shall award to the aggrieved party for com- 

 pensation a sum not exceeding of not less than two-thirds of the amount of 

 the damage sustained by him ; and the treasurer of the municipality pay over 

 to him the amount so awarded. R.S.O., 1887, c. 214, s. 18. 



Remarks : The change made in this section is one corresponding to 

 the one made in section 17. 



18a. The owner of any sheep or lamb, killed or injured, who intends to 

 claim compensation from the Council of the municipality shall notify the 

 Sheep Inspector in person, or in writing, within 48 hours after the injury is 

 committed. 



Remarks : The limit of 48 hours within which time the sheep inspector 

 must be informed of the injury done appears to be a necessary regulation 

 in order that the inspector may make an accurate estimate of the injury 

 done. It will be noticed in section 17a that the inspector is allowed 48 

 hours within which to perform his duty after the notice is given him. 



19. After the owner of such sheep or lamb has received from the munici- 

 pality any money under either of the preceding sections, his claim shall thence- 

 forth belong to the municipality ; and they may enforce the same against the 

 offending party for their own benefit, by any means or form of proceeding that 

 the aggrieved party was entitled to take for that purpose, but in case the 

 municipality recovers from the offender more than they had paid to the ag- 

 grieved party, besides their costs, they shall pay over the excess to the aggrieved 

 party for his own use. R.S.O., 1887, c. 214, s. 19. 



20. The owner of any sheep or lamb killed or injured while running at large 

 upon any highway or unenclosed land, shall have no claim under this Act to 

 obtain compensation from any municipality. R.S.O., 1887, c. 214, s. 20. 



21. If the council of any city, town, township or incorporated village by 

 by-law decides to dispense with the levy of the aforesaid tax in the munici- 

 palities within its jurisdiction, the owner of any sheep or lamb may, notwith- 

 standing, sue the owner or keeper of any dog or dogs for the damage or injury 

 done by the said dog or dogs to the said sheep or lamb ; and the same shall 

 be recovered in the manner provided by section 15 of this Act. B.S.O., 1887, 

 c. 214, s. 21; 58 V., c. 62, s. 8. 



Remarks : This clause is dependent upon section 8, so that if section 

 8 is struck out there is no necessity for section 21. 



22. Every justice of the peace shall be entitled to charge such fees in cases 

 of prosecutions or orders under this Act, as it is lawful for him to charge in 

 other cases within his jurisdiction, and he shall make the returns usual in cases 

 of conviction, and also a return in each case to the clerk of the municipality, 

 whose duty it shall Jbe to enter the same in a book to be kept for that purpose. 

 R.S.O., 1887, c. 214, s. 22. 



