DOGS AND DOG LAWS. 457 



MAINE. 



A law taxing persons owning or harboring dogs one dollar for each dog was 

 enacted in 18C2 with a saving clause as follows: "Provided, That towns or 

 cities shall so vote." 



By its provisions dogs inflicting damage subject their owners to fines of 

 double the amount of the damage done, to be recovered by an action of trespass. 



Any person may lawfully kill a dog that assaults himself or other person 

 while walking or riding peaceably, or is found worrying, wounding, or killing 

 any domestic animal. 



Any person finding a dog strolling out of the enclosure of his owner may, 

 within forty eight hours, make oath before a magistrate that he suspects such 

 dog to be dangerous or mischievous, and notify the owner by giving him a copy 

 of the oath ; and if the dog shall be found again at large, he may be lawfully 

 killed ; and if he shall thereafter Avound a person or kill a domestic animal, the 

 owner shall be liable to treble damages and costs. 



The report of the Maine Board of Agriculture attests the pertinacity with 

 which the farmers of that State have sought legislative protection to sheep hus- 

 bandry, and says : 



" Those canine causes still continue, like 'war risks,' to eat up the profits. The essence 

 of legislative interference has heen too much like British neutrality. * # * -phe as- 

 sumption has been unimpeachably established beyond denial, by the farmers of the State, 

 that the losses from wild animals, disease, and accident are not equivalent to the losses from the 

 depredations of dogs. Facts and figures, multiplied to an almost unlimited extent, testify to 

 the truth of the assertion. Supplications, remonstrances, and petitions have failed to induce 

 the legislatui'e to abate the grievance or remove the transgressors." 



The law is mainly inoperative, as might be expected if it was not so intended. 

 If a man is assaulted by a human assailant he may kill such assailant with im- 

 ])unity under the common law ; but if he shall be attacked by a dog, he may 

 not kill the brute under this State law, but is allowed, after binding up his 

 wounds and making oath that they exist, to cool his blood for forty-eight hours 

 in waiting for a legal opportunity to lie in wait for the ruffianly animal, after 

 his owner has been advised officially of the propriety of tying him up. Instead 

 of protection to sheep, this looks more like protection to sheep-killing dogs. 

 And so worthless a law as this may exist in one township and not in the ad- 

 joining, which may be full of sheep-killing curs. 



NEW HAMPSHIRE. 



In 1862 the legislature levied a tax of one dollar on male and two dollars on 

 female dogs. Prior to this the common law was the only protection enjoyed by 

 owners of flocks. 



In 1863 a law was enacted forfeiting double the amount of damage done by 

 dogs, recoverable from the owner by an action of debt ; or a complaint may be 

 made to the selectmen of towns, who are required, upon proof made within 

 thirty days, to draw an order upon the treasury, which is registered and made 

 payable, in whole or in part, from the fund accruing from the dog tax, on the 

 second Tuesday of March annually. 



VERMONT. 



The following is the law of 1862 : 



Section 1. The listers in the several towns of this State shall in each year set all dogs 

 in their respective towns in the grand lists to the owner or keeper of the same at the sum of 

 one dollar each ; and no person shall be entitled to have the amount so assessed deducted 

 from their lists in consequence of any debts owing. 



Sec. 2. Every owner or keeper of a dog shall, when called upon by the listers for their 

 li.^ts, notify them of the dogs by him owned or kept ; and every owner or keeper of a dog 

 who shall neglect or refuse to notify the listers as aforesaid, shall forfeit and pay to the town 



