THE SHEEP- KILLING DOG. 31 



The act, approved the twenty-fourth day of April, one thousand nine hundred 

 and three (Pamphlet Laws, two hundred ninety-six), entitled "An act to amend 

 section one hundred and fifty-four of the act of March twenty-one, one thousand 

 eight hundred and sixty, entitled 'An act to consolidate, revise, and amend the 

 penal laws of this Commonwealth,' " is hereby repealed in so far as it relates to 

 dogs. 



Section 42. All other acts or parts of acts, general, local, or special, incon- 

 sistent with or supplied by this act, are hereby repealed. 



THE DOG LAW OF WEST VIRGINIA. 



Enacted May 25, 1917. Effective 60 days from passage. 



AN ACT relating to the protection of sheep and the conservation of the food supply 

 necessary for the maintenance of .the people. 



SECTION 1. It shall be unlawful for any person to suffer or permit any dog 

 in his possession or kept by him about his premises, to run at large on any 

 unenclosed land, or trespass upon any enclosed or unenclosed lands of another. 



If any dog be suffered or permitted to run at large or trespass as afore- 

 said, or kill or assist in killing, injuring, or chasing any sheep or other domestic 

 animals out of the enclosure of the owner or keeper of such dog, proof that such 

 dog was at large at the time and place of injury complained of shall be prima 

 facie evidence of liability and guilt, as hereinafter provided. 



SEC. 2. The county court of every county and the council of every munici- 

 pality, shall prepare and deliver to its assessor, sheriff, constables, or other 

 police officers, consecutively numbered substantial aluminum or brass tags, 

 bearing the calendar year and the name of the county or municipality issuing 

 such tag which shall be delivered by them to any citizen of the county or 

 municipality who may apply therefor and pay into its treasury a fee of not 

 more than twenty-five cents for each tag, which tags shall be fastened upon 

 the collars worn by the dogs owned or kept by such citizens, and for which 

 fee such officer shall issue a receipt showing the name and address of the citi- 

 zen and the year and number of the tag. Such officer shall also keep a record 

 book showing the name and address of each citizen to whom such tags are 

 issued, the number of such tag so issued and the year thereof. 



Any citizen may, and the sheriff, constables or other police officers of any 

 county, district or municipality, shall seize any dog found unaccompanied by 

 its owner or keeper and running at large on any road, street or other public 

 place, or trespassing on any premises other than the premises of the owner. 

 If such dog is wearing a collar bearing such tag, it shall be impounded and the 

 citizen or officer so seizing and impounding said dog shall immediately there- 

 after by written notice notify the owner of such dog as disclosed by the rec- 

 ords herein provided for to be kept that such dog has been seized and im- 

 pounded by him and unless such owner or keeper of such dog shall, within 

 seven days from the receipt of said notice claim such dog, and pay such citizen 

 or officer a fee of two dollars for seizing, and a fee of ten cents for each day 

 it is impounded, it shall be killed forthwith in any humane manner. Provided, 

 that any citizen or officer may kill any dangerous or vicious dog, or any dog 

 not registered as herein provided for, or any dog permitted to run at large 

 after the owner or keeper shall have had notice not to permit such dog to run 

 at large, if such dog be off the premises and out of the control of its owner or 

 keeper. No citizen or officer shall be liable in damages or to prosecution by 

 reason of killing any dog as herein provided. For every dog seized and not 

 claimed by its owner or keeper as aforesaid, the county court shall pay the 

 citizen or officer entitled thereto said fees and costs upon due proof of the 

 seizure, impounding and killing of such dog ; and the owner or keeper shall be 

 liable therefor in any action before the court or justice having jurisdiction ; 

 provided, further, that it shall be the duty of the common council of every incor- 

 porated city, town or village in this state, to provide a suitable pound for such 

 dog or dogs so seized under the provisions of this act. 



SEC. 3. It shall be unlawful for any unnaturalized foreign-born resident of 

 this state to own or keep a dog of any kind in this state. 



SEC. 4. Nothing in this act shall be construed to prevent any citizen of this 

 state from lawfully hunting with a dog or dogs on any land owned by him or 

 by any person from whom such citizen has first secured permission to hunt with 

 a dog or dogs ; and no citizen shall hunt with a dog or dogs upon the land of 

 another without written or verbal permission from the owner or lessee thereof. 



