LAWS RELATING TO AGRICULTURE. 65 



injured contrary to law, or carried or enticed away from the premises 

 of the owner or harborer for the purpose of being killed or injured, 

 may recover of the person so killing or injuring the same, as exemplary 

 damages, any sum not exceeding that for which such animal stands re- 

 turned for taxation, 



As to the taxation of dogs, see 2754, 2833, R. S. 



SEC. 4215. [Statement of damages for sheep killed or injured_by 

 dogs; witnesses.] Any person damaged by the killing or injury~~of 

 sheep by dog or dogs, may present a detailed account of the injury done, 

 with damages claimed therefor, verified by affidavit at any regular meeting 

 of the trustees of the township where the damage or injury occurred, 

 and within six months thereafter, which account shall state the kind, 

 grade, quality and value of the sheep so killed and nature and amount 

 of the injury, and shall make it appear to the satisfaction of the trus- 

 tees upon the parole testimony of at least two other persons who are 

 freeholders of the neighborhood where the injury was done, that the 

 damage claimed is just and reasonable; and also make it appear that 

 such injury was not caused in whole or in part by any animal kept or 

 harbored by him, or by an employe or tenant of the owner upon such 

 owner's premises, and that he does not know whose animal committed 

 such injury, or if known and such account reduced to judgment could 

 not be collected on execution ; 



[Fees of witnesses; oath of claimant and witness.] And the wit- 

 nesses in such cases, not exceeding two, shall be allowed fifty cents each 

 and mileage as in other cases ; the trustees are hereby authorized and 

 empowered to administer oath or affirmation to any such claimant or 

 witness ; 



[Employe or tenant.] Provided, however, that if the sheep killed 

 or injured are in the care of an employe or tenant of the owner of the 

 same, such affidavit may be made by such employe or tenant, and the 

 testimony of such employe or tenant may be received in regard to all 

 matters relating thereto to which such owner would be competent to testify. 



[Hearing, allowance, indorsement, transmission and record of 

 claims.] The trustees shall hear such claims in the order of their 

 filing, and may allow the same or such parts thereof as they may deem 

 right, and, if satisfied that such claim is correct and just, they shall en- 

 dorse thereon the amount allowed and transmit the same with the testi- 

 mony so taken, together with the fees due witnesses over their own of- 

 ficial signatures to the county commissioners, in care of the county audi- 

 tor : who shall enter upon a book to be kept for that purpose, in their 

 order, each claim received; 



[Examination and order for payment.] The county commission- 

 ers shall, at their next regular meeting, examine the same, and if found 

 in whole or in part correct and just, order the payment thereof, or such 

 parts as they may have found correct and just, to be paid out of the 

 fund created by the per capita tax on dogs ; 



[Payment.] And such other claims as may have been allowed in 

 whole or in part, may be paid at any regular quarterly session of such 

 commissioners. 



[When fund insufficient; transfer of excess.] And prov : led, 

 that if such fund is insufficient to pay all such claims in full, t!iev ; II 

 5 F. H. B. 



