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.MUNICIPAL LAW,
If)".
lamb witliin six niontlis pivvious. may be summoiieil before tlie ma<i;iHtratc
to answer to sucli eom[)laiiit, and on conviction the Justice may order sueli
doi;' to be killed witliin three days, and in default thereof may in his dis-
cretion impose a tine not exceeilinjf !?20 with costs. A conviction under
this Act is not a bar to an action for damages.
OJM. Extent of Liability. 1. The owner of any sheep or lamb
killed or injured by a do<>. niaj- recover damages from the owner or keeper
of such dog by an action for damages or by summary proceedings before
a justice of the peace,
2. If it appej'.rs to the court oi' judge at the trial that the ilamage
sustained was cau,sel by other dogs as well, and in company with the one
whose owner is ehargetl in the complaint, then the judge may ai)portion
the damages among the respective owners, as far as tliey ai'e known, of
such dogs as he thinks tit, us if the complaint had been laid in the first
place against such person or persons,
3. An appeal from the judgment may be made to the Division
Court.
mm. Dogs to be Killed by Owner, The owner or keeper of a dog
or dogs, to v.'hom notice has been given of injury <lone by his dog to any
sheep or lamb, or of his dog having chased or worried any sheep or lamb,
is re(|uired within forty-eight liours after such notice to cause such dog to
be killed. For neglect to do so he is liable to a penalty of S2.50 for each
dog, and a further s\nn of i?1.2'> for each such dog for every forty -eight
hours thereafter until the dog is killed, if it is proved to the satisfaction of
the justice before whom the prt)ceedings are taken that such dog or dogs
actually did the damage complained against.
''''^- it appears to the satisfaction of
The penalties shall not be enforced if
the justices that such owner had not the power to kill such dog.
<»!>3. Recovering Damages. 1. In case the owner of any sheep or
lamb so killed or injured proceeds against the owner of the dog that did
tile injury before a justice of the peace, and having secured a conviction,
but is miablc to recover tlu' amount ordered to Ije paid as compensation for
want of suthcient ilistress, then the Council of that nnuiicipality .shall order
t<i be paid from the treasmy two thirds of the amount orderefl to be paid
by the justice in addition to the costs.
This would not be done in case such iiiunicii)ality had, by by-law,
declared not to use the dog tax for a fund for payment <jf such damages,
2. The owner of any sheep or hunb killed or injured by a dog, the
owner of which is not known, may, within three months after the killing
or injury apply to the Council of the Municipality for the compensation.
The Council, when satistied that the aggrieved party had made diligent
in(|uiry and search to ascertain the owner of such dog, may award to such
aggrieveil party a sum not exceeding two-thirds the amount of damages
sustained by him. After the aggrieved party receives such compensation
from the nnuiicipality his claims then belong to the municipality, and they
may enforce the .same against the ott'ender. In case the nuniicijiality sub-
se(piently recovers moi-e fiom the offender than th y paid to the aggrieved