5^4 LEGAL DEPARTMENT. 



Where a person keeps a dog for the purpose of guarding his prop- 

 erty, which is usually kept chained and muzzled, an inference of knowl- 

 edge of the propensity of the dog to bite and attack mankind, and of 

 negligence in allowing him to be at large, is proper. (Hahnke v. Fred- 

 erick, 140 N. Y. 224.) 



At common law, the dog is considered a tame, harmless and docile 

 animal, and its owner not responsible for any vicious or mischievous 

 act he may do, unless he had a previous knowledge of mischievous or 

 vicious propensities of the dog. 



By statute in New York, taxes are imposed on dogs in every county, 

 except New York, as follows: 



" Upon every bitch owned or harbored by any one or more persons, 

 three dollars; for every additional bitch harbored by the same persons 

 or family, five dollars; upon every dog, other than a bitch, owned or 

 harbored by one or more persons, or any family, fifty cents; and upon 

 every additional dog owned or harbored by the same person or persons, 

 or family, two dollars." 



The owners are required to deliver a description of the dogs to the 

 assessor, and for refusal are subject to a forfeit of five dollars. 



The collector of each town is required to pay over the taxes collected 

 on dogs to the supervisor of the town, and the moneys so collected and 

 paid over shall constitute a town fund for paying damages arising in 

 said town by dogs killing sheep. 



If any person whose dog is duly assessed shall refuse or neglect to 

 pay the tax assessed for five days after demand thereof, it is lawful for 

 any person to kill the dog so taxed. 



Under the same statute it is provided, if any dog shall kill or wound 

 any sheep or lamb, the owner or possessor is liable for the value of 

 such sheep or lamb to the owner thereof, without proving notice to the 

 owner or possessor of such dog or knowledge by him, that his dog was 

 mischievous or disposed to kill sheep. 



When such injury occurs, the owner of the sheep may apply to any 

 two fence viewers of the town, or assessors of the city, or of the ward 

 of the city, who may examine the facts relating to such injury, and if 

 satisfied that the injury was caused by dogs, they shall certify the 

 extent of the injury and the amount of damages sustained, and the 

 amount specified in such certificate shall be paid out of the fund above 

 mentioned. 



