28 FARMERS* BULLETIN 935. 



county commissioners shall notify such owner or keeper immediately to kill 

 said dog or dogs; and if said dog or dogs be killed in accordance with such 

 notice or order, the owner or keeper of said dog or dogs shall be exempt from 

 all further liability. 



Upon failure, however, of such owner to comply with such order within a 

 period of ten days, he shall be liable for the damages caused by said dog or 

 dogs; and the chief of police or his agent of the township, town, borough, or 

 city in which said dog or dogs are kept shall, upon notice from the county 

 commissioners, kill such dog or dogs wherever found. For such service he shall 

 be entitled to one dollar for each dog so killed, to be paid by the proper county, 

 upon a certified statement to the commissioners that such dog or dogs luive 

 been killed by him. The county commissioners shall issue an order on the 

 county treasurer for such amount, unless payment has been made by the owner 

 or keeper of the dog or dogs. Provided, however, That the owner or keeper of 

 any licensed dog or dogs that have caused loss or damage to poultry shall not 

 be obliged to kill said dog or dogs unless said dog or dogs are mad, but shall 

 be liable for said loss or damage. 



SEC. 32. It is unlawful for any person knowingly to make any false state- 

 ment or to conceal any fact required to be disclosed under any of the provisions 

 of this act. 



SEC. 33. In any proceedings under this act the burden of proof of the fact 

 that a dog has been licensed, or has been imported for breeding, trial, or show 

 purposes, or that a dog is under the age of six months, shall be on the owner 

 of such dog. 



Any dog not bearing a license tag shall prima facie be deemed to be un- 

 licensed. 



SEC. 34. The Secretary of Agriculture, through his officers and agents, shall 

 have the general supervision over the licensing and regulation of dogs and pro- 

 tection of live stock and poultry from damage by dogs in all counties of the 

 Commonwealth. The commissioners of each county shall enforce, within their 

 respective jurisdiction, the provisions of this act. To this end the Secretary 

 of Agriculture may employ all proper means for the enforcement of this act. 

 Any other State department, bureau, or commission may, on request of the 

 Commissioner of Agriculture, assist in the enforcement of the provisions of 

 this act. 



SEC. 35. Any person violating, or failing or refusing to comply with, any of 

 the provisions of this act shall be guilty of a misdemeanor, and upon conviction 

 shall be sentenced to pay a fine not exceeding one hundred dollars, or to undergo 

 an imprisonment not exceeding three months, at the discretion of the court. 



All fines collected under the provisions of this act shall be forthwith paid to 

 the treasurer of the proper county. 



SEC. 36. This act is intended as a complete and uniform system throughout the 

 Commonwealth for the licensing of dogs and the protection of live stock and 

 poultry from injury by dogs ; but nothing in this act shall interfere with any 

 law for the protection and preservation of game. Except where such acts or 

 parts of acts are specifically repealed, this act does not repeal or affect any acts 

 or parts of acts relating to mad dogs or dogs affected with any disease. 



SEC. 37. Nothing in this act shall be construed to prevent the owner of a 

 licensed dog from recovery, by action at law, the value of any dog which 

 dog has been illegally killed by any police officer, farmer, stockman, or other 

 person within this Commonwealth, from said police officer, farmer, stockman, 

 or other person. In case such police officer or other person fails to pay the 

 value of such dog so killed, the same shall be paid by the proper county. Said 

 value of said dog to be ascertained in the same manner and form as provided in 

 section twenty-five of this act for assessing the damage done to live stock 

 by dogs. 



Nothing in this act shall be so construed as to prevent the killing of a dog 

 caught chasing deer at any time of the year, on either public or private lands ; 

 or to prevent the killing of dogs by any officer empowered to enforce the game 

 laws of this Commonwealth when said dogs are pursuing game during the closed 

 season for the training of dogs on game, providing said dogs are not under the 

 immediate control or accompanied by their owners or keepers, and also provided 

 that legal notice has previously been given said owner or keeper as required by 

 the game laws of this Commonwealth. 



SEC. 38. In the event that any one or more of the provisions of this act should 

 be decided to be unconstitutional, the court's decision holding the same uncon- 

 stitutional shall not affect the validity of the remaining provisions of this act, 



