1918.] 



AGRicri/icRAi, r,.\ws. 127 



who, ;il llie time such damage wa.s sustained, was committing a tres- 

 pass or other tort. 



Sec. 3405. Joint and several liability for damage. When any sheep, 

 lambs or other domc^stic animals shall have been damaged by two or 

 inore dop:s at the samo time, kept by two or more i>ersons, the owners 

 or keepers of such dogs shall be .ioinll.\' and sev<r;il]y liable for such 

 damages. 



Sec. 3406. Commissioner on domestic animals may make rules 

 concerning dogs. The commissioner on domestiir animals may, at any 

 time, make such further rules for c-ontrolling or destroying dogs in any 

 town or towns as he may deem reasonable for the security of the in- 

 habitants or their jiroperty, and notice of such rules shall be given by 

 advertising the same in at least one newspaper having a circulation 

 in each town, city or borough affected by said rules, and by mailing a 

 copy thereof to the town clerk of each such town not le.ss than five 

 days before said rules shall take effect. The selectmen or dog warden 

 may kill or cause to be killed all dogs which shall not be controlled or 

 destroyed in accordance with such rules, or which shall be found rabid, 

 or are justly suspected of being rabid, or are found doing mischief 

 when not under the care of any person, or are found killing or worrying 

 sheep, lambs, other domestic animals or poultry, and shall receive such 

 compensation therefor as is provided in section 3401. 



Sec. 3407. Dog found doing damage may be killed. Any person 

 may kill any dog which he finds pursuing, harassing, worrying or 

 wounding any sheep, lambs or other domestic animals, or any dog 

 which he finds straying on any farm where any sheep or lambs are 

 kept, but no dog so straying which is kept by the occupant of any 

 premises next adjoining such farm or next .adjoining any highway 

 which abuts on such farm or which dog is securely muzzled or is 

 accompanied by or within reasonable call of any person having charge 

 of such dog, shall be killed unless there is reasonable apprehension 

 that such dog, if not killed, will pursue, worry, wound or terrify sheep 

 or lambs on such farm, or unless such dog shall not have around its 

 neck a collar with a metal plate or tag securely fastened thereto as 

 provided by law. Any person who shall be attacked, bitten or other- 

 wise wounded by any dog, such person not being upon the premises 

 or property of the owner or keeper of such dog may immediately kill 

 such dog, or make complaint thereof to the dog warden of the town 

 wherein such dog is owned or kept, and said dog warden shall imme- 

 diately make an investigation of such complaint, and, if it be found 

 to be substantiated, shall at once kill such dog or order the same to be 

 confined. Any person killing a dog in accordance w'ith the provisions 

 of this section shall not be held criminally or civilly liable therefor. 



Sec. 3412. Complaint may be made whenever dog becomes vicious 

 or a nuisance. Whenever an\' person or persons shall make complaint 

 in writing to the selectmen of a town, the warden of a borough or the 

 chief of police of a city that any dog owned or harbored v/ithin said 

 town, borough or city is a nuisance by reason of vicious disposition, 

 excessive barking or other disturbance, or that any dog by such barking 

 or other disturbance is a source of annoyance to any invalid or sick 

 person residing in the vicinity, said selectmen, chief of police or warden 

 shall investigate such complaint and may make such order concerning 

 the destruction, removal or restraint of such dog as may be deemed nec- 

 essary. Any person owning or harboring such dog who shall neglect or 

 refuse to comply with such order of said selectmen, chief of police or 

 warden shall be fined not more than seven dollars or imprisoned not 

 more than thirty days or both, and the dog warden having jurisdiction 

 shall, upon such neglect or refusal, capture and confine, release or kill 

 such dog. 



