168 BOARD OF AGRICULTURE. 



the dog was never knowu to bite before (4 Allen, 431) ; and 

 this is so, although the dog is duly licensed and collared. 

 The object of the dog-tax was not to exempt the owner of a 

 dog, when known, from his former liability for all his dog's 

 miscliief, but to provide a fund for the remuneration of the 

 farmer, when the owner was not known or was not pecun- 

 iarily responsible. Accordingly any man whose animals are 

 injured by a dog may now have either mode of redress, — he 

 may file his claim with the selectmen, and take simply the 

 amount of damages he may have sustained ; or he may go for 

 the owner of the dog, and get double damages, if he can : 

 but he cannot try both methods. If he is paid his simple 

 damage out of the dog-tax, the county may compel the 

 owner of the guilty dog to refund the amount paid out. If 

 he is injured in his own person, his only remedy for remu- 

 neration is against the owner of the dog. The " dog-law " 

 does not include injuries to man, but only to his domestic 

 animals. Perhaps it should be extended in this respect. 



But no man is obliged to wait until the mischief is done, 

 and then seek redress by the law's delay. You may take the 

 law into your own hands, and kill any dog, licensed or not, 

 that suddenly assaults you while peaceably walking or riding 

 in the public streets ; and so you may if the dog is found out 

 of the enclosiu-e or care of the owner, wounding, worrying, 

 or killing any neat-cattle, sheep or lambs. 



If a dog is not licensed, your right to kill him is much 

 broader. The law says you may kill him "whenever or 

 wherever found." These are its exact words. But if you 

 think this authorizes you to kill him on his owner's premises, 

 and you should pursue him into his owner's house and there 

 kill him, contrary to his master's wishes, you might find out 

 your mistake by being compelled to pay, not only the full 

 value of the dog, but also for unlawfully entering the owner's 

 premises (11 Allen, 151 ; 109 Mass. 276). " Whenever and 

 wherever found," therefore, don't mean exactl}^ what it says. 

 Such are the quirks of the law. Some people call it a sort 

 of " hocus-pocus science ; " though J don't. 



Again : do not think, that, because you can openly and pub- 

 licly shoot an unlicensed dog which is hanging around your 

 premises annoying your family, you can therefore poison him ; 

 for that kind of physic is not to be thrown even to dogs, and 



