LEGAL DEPARTMENT. 627 



evinced a savage disposition and straining at his chain. (Worth v. Gill- 

 ing, L. R. 2 C. P. I.) 



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 Ontario, municipalities have power to pass by-laws as 

 follows : — 



1. For restraining and regulating the running at large of dogs, and 

 for seizing and impounding dogs running at large contrary to the by-law, 

 and for selling the dogs so impounded or any of them at such time or 

 times and in such manner as may be directed in that behalf. 



2. For killing dogs running at large contrary to the by-laws. 



3. For imposinga tax on the owners, possessors, orharborers of dogs. 

 It is also provided that in every municipality in Ontario an annual tax 



may be levied upon the owner, possessor, or harborer of each dog. Spe- 

 cial provision, however, is made for an owner of a kennel of pure bred 

 dogs which are registered in the Canada Kennel Register. A ten dollar 

 ($10.00) tax is all that shall be levied. 



The owner, possessor, or harborer of any dog shall, when required by 

 the assessor, furnish a statement in writing of the number of dogs owned 

 or kept by him. If he neglects or refuses to do so, or gives a false state- 

 ment, he shall be liable to incur a penalty of five dollars. 



The money received as taxes on dogs, by the municipality, consti- 

 tutes a fund for satisfying any damages arising in any year from 

 dogs killing sheep or lambs within the municipality ; the residue forms 

 part of the general assets of the municipality. 



It is further enacted that any person may kill : — 



1. Any dog which he sees pursuing, worrying, or wounding any 

 sheep or lamb. 



2. Any dog without lawful permission in any inclosed field on any 

 farm, which the owner or occupant finds giving tongue, or terrifying any 

 sheep or lamb on such farm. 



3. And (with certain restrictions) any dog which any person finds 

 straying between sunset and sunrise on any farm whereon any sheep or 

 lambs are kept. 



With reference to acts of other vicious animals, the following proposi- 

 tions may be regarded as setded by the courts : — 



