I APPENDIX. 319 



owner or keeper ; and any person may kill a dog that is found out of the 

 enclosure or immediate care of its owner or keeper, worrying, wounding, 

 or killing any neat cattle, sheep or lambs. 



Sect. 61. If any person so assaulted, or finding a dog strolling out 

 of the enclosure or immediate care of its owner or keeper, shall, within 

 forty-eight hours after such assault or finding, make oath thereof before 

 a justice of the peace or police court for the county, or before the clerk 

 of the city or town where the owner of the dog dwells, and shall further 

 swear that he suspects the dog to be dangerous or mischievous, and 

 shall give notice thereof to its owner or keeper by delivering him 

 a certificate of such oath signed by such justice or clerk, the owner or 

 keeper shall forthwith kill or confine it ; and if he neglects so to do for 

 twenty -tour hours after such notice, he shall forfeit ten dollars. 



Sect. 62. If, after such notice, the dog is not killed or confined, but 

 is again found strolling out of the enclosure or immediate care of its 

 owner or keeper, any person may kill it. 



Sect. GS. If a dog, after such notice to its owner or keeper, shall by 

 such assault wound or cause to be wounded any person, or shall worry, 

 wound, or kill any neat cattle, sheep or lambs, or do any other mischief, 

 the owner or keeper shall be liable to pay to the person injured thereby 

 treble damage, to be recovered in an action of tort. 



Skct. G4. Whoever suffers loss by reason of the worrying, maiming, 

 or killing of his sheep, lambs, or other domestic animals, by dogs, may, 

 within thirty days after he knows of such loss, present proof thereof to 

 the mayor or selectmen of the city or town wherein the damage is done ; 

 and thereupon said officers shall draw an order in favor of the owner 

 upon the treasurer of said city or town for the amount of such loss. 

 The treasurer shall register such orders at the time of their presentation, 

 and annually on the first day of January pay them in full, if the gross 

 amount received by his city or town under the provisions of this chapter 

 relating to dogs, and not previously paid out, is sufficient therefor; other- 

 wise he shall divide such amount pro rata among such orders, in full 

 discharge thereof. After such order has been drawn, the city or town 

 may in an action of tort recover against the keeper or owner of any dog 

 concerned in doing the damage the full amount thereof. 



Sect. 65. The owner of sheep, lambs, or other domestic animals, 

 worried, maimed, or killed by dogs, shall have his election whether to 

 proceed under the provisions of the preceding section or of sections 

 sixty-one, sixty -two, and sixty-three ; but having signified such election, 

 by commencing a suit or obtaining an order, he shall not have the other 

 remedy. 



Sect. 66. The mayor and aldermen of each city, and the selectmen 

 of each town, shall require all dogs not licensed and collared according 

 to the foregoing provisions, to be destroyed, and shall enforce all penalties 

 herein provided. Any officer refusing or neglecting to perform the 

 duties herein imposed upon him, shall be punished by fine not exceeding 

 twenty-five dollars, to be paid into the city or town treasury. 



Sect. 67. The city council of any city, and the inhabitants of any 

 town, may make such additional by-laws and regulations concerning the 

 licensing and restraining of dogs, as they deem expedient, and may affix 

 any penalties, not exceeding ten dollars, for any breach thereof; but 

 such by-laws and regulations shall relate only to dogs owned or kept in 



