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to remunerate

talned by dogs.

as may be necessary to remunerate the owners of sheep May be applied for losses sustained by dogs. In any county where the owners of sheep county court directs that any part of the funds raised for losses susunder this act may be appropriated to pay for sheep destroyed by dogs, the fifth and sixth sections of this act shall govern the distribution thereof.

dogs; how value

5. Upon complaint, before any justice, of any person, Sheep killed by that sheep owned by him and kept within the county, ascertained. have been destroyed by a dog or dogs, the justice shall issue his warrant appointing three discreet freeholders, residing in the county, whose duty it shall be, having first been duly sworn for that purpose, to proceed forthwith upon actual view, and such information as may be accessible, to ascertain as to the truth of the complaint, the character of the injury, and the amount of the damage, if any, which has been sustained, and make report thereof in writing, to the county court of such county. made to county And in discharging the duties imposed by this section, court. each of such appraisers is hereby authorized to administer oaths.

Report to be

make settlement

year, and pay

audit claims

6. At the end of every year and at such times as the Constable to court may direct, every constable chargeable with any at end of each money under this act shall report to the court the amount fund into counof money in his hands arising from the tax on dogs, and ty treasury. from fines imposed under this act, and for which he is accountable, and pay the same into the county treasury; the county court shall then, or as soon thereafter as practicable, audit the claims reported to the court under this County court to act and allow so much of each claim as to the court seems against fund just and right; and after auditing such claims as shall be and pay such as may be just. paid out of said fund, if it is sufficient to pay the whole thereof, shall give orders thereon to the persons entitled thereto, which shall be promptly paid by the sheriff out of said funds. But if it shall appear that there is not sufficient funds in the hands of the sheriff to pay the amount of claims audited, the court shall give such orders as will all claims, to be divide the fund pro rata amongst those entitled, which rata. shall be in full of such claims.

When not suillcient to pay divided pro

to certify any

7. That appraisers to be appointed under section five Appraisers not shall not certify any appraisement to the court unless it appraisement be proved to their satisfaction that the person claiming unless satisfied such damages has made a proper return to the assessor of made proper the dogs owned or kept by him.

claimant has

return of dogs owned or kept by him.

Dogs on which

8. That all dogs on which taxes are paid are hereby declared to be as much the subject of larceny as personal tox is paid property.

declared to be subject of

larceny.

returned

9. That if any person shall permit any dog to be kept Ponalty for or remain about his or her premises that is not returned keeping dog not by him or her to the proper assessor for taxation, or on assessment, or which the taxes levied under this act shall not be paid on not paid.

on which tax is

or before the first day of March of the year next after an assessment is or should have been made, such person shall be liable to pay a fine of five dollars for each and every dog so kept or permitted to remain, which fine or fines Fines; how re- shall be recovered by suit in the name of the state before a justice, as debts of like amount are by law recoverable, to be paid into the county treasury to the credit of the fund above mentioned: Provided, That no costs of such proceeding shall be paid out of the county treasury.

turned and how
disposed of.
No costs to be
paid out of
County treas-
ury.

Does not operate
counties, unless

of people.

10. But this act shall not take effect or be of force in

in certain either of the following named counties, to-wit: Kanawha, adopted by vote Wayne, Boone, Logan, Lincoln, Cabell, Putnam, Mason, Wetzel, Webster, Monongalia, McDowell, Wyoming, Mercer, Gilmer, Braxton, Fayette, Nicholas, Pendleton, Pocahontas, Preston, Hampshire, Mineral, Raleigh, Clay, Upshur, Calhoun, Doddridge and Hardy, until the same be adopted by a vote of the people of such county in the manner provided for in the next section.

How submitted

to vote in ex

11. The county court of any one or more of the counties cepted counties, mentioned in the next preceding section shall, upon the petition of one hundred voters of such county being filed in such court asking a vote to be taken upon the question, order such vote to be taken, at the next succeeding general or school election, to ascertain the sense of the voters of such county upon the adoption of this act therein. The ballots used in taking said votes shall be the same as those used in voting for the officers to be elected at said election, and shall have written or printed on them the words "for dog tax" or "against dog tax," as the voter may choose; which vote shall be taken, certified and returned, and the result thereof ascertained in the same manner as is provided by law in relation to county officers, except that the commisCommissioners sioners of elections at each place of voting in such county, separate certifi-shall make and return to the clerk of the county court a

Ballots; what required

thereon.

of election to

cate of result.

Certificate of election; how disposed of.

separate certificate of the result of said vote, within five days after the same is taken. The said clerk shall lay said certificate before the county court at its next session thereafter, and said court shall thereupon ascertain and declare County court to the result of said vote in the county and enter the same of declare result of record. If a majority of all the votes cast at said election be in favor of imposing a tax on dogs, then this act shall be in force in such county from and after the day on which such result is declared.

ascertain and

election.

Act repealed.

Con mence

12. Chapter sixty-four of the acts of one thousand eight hundred and seventy-five is hereby repealed.

[Approved March 14, 1881.]

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect from its passage, twothirds of the members elected to each House, by a vote taken by yeas and nays, having so directed.

CHAPTER XXIV.

AN ACT to amend and re-enact section forty-nine of an act of the legislature of West Virginia, passed February eleventh, one thousand eight hundred and eighty-one, entitled "an act amending and re-enacting chapter thirty-nine of the code of West Virginia.”

[Passed March 11, 1881.]

Be it enacted by the legislature of West Virginia:

amended.

1. That section forty-nine of an act of the legislature of Section West Virginia, passed February eleventh, one thousand eight hundred and eighty-one, entitled "an act amending and re-enacting chapter thirty-nine of the code of West Virginia," be amended and re-enacted so as to read as follows:

officers; when

etc.

court; except.

49. The county court of every county shall allow an- Allowances to nually to the county officers hereinafter mentioned, for certain county their public services, for which no other fee or reward is and how paid. allowed by law, such sums to be paid out of the county treasury as are deemed reasonable by the courts, within the limits ascertained by law, that is to say: The sheriff, Sheriffs except, not to exceed two hundred dollars, except that the sheriff's etc. of Jackson, Kanawha, Mason, Marion, Monongalia, Ohio and Wood counties shall be allowed a sum not to exceed three hundred dollars. To the clerk of the circuit court Clerk of circuit court; except, not to exceed two hundred dollars, except that the clerk of the circuit court of Ohio county shall be allowed annually not less than five hundred nor more than one thousand dollars, and of Jackson, Kanawha, Marion, Mason, Marshall, Wetzel and Wood counties a sum not to exceed six hundred dollars. To the clerk of the county Clerk of county court a sum not to exceed two hundred dollars, except that etc. the clerks of the county courts of Barbour, Jefferson, Monongalia, Ohio, Preston, Randolph and Wayne counties shall be allowed a sum not to exceed three hundred dollars, and the clerk of the county court of Berkeley county a sum not to exceed the sum of five hundred dollars; to the clerks of the county courts of Marion, Mason, Kanawha, Wetzel and Wood counties, a sum not exceeding the sum of six hundred dollars each; to the prose- Prosecuting cuting attorney not less than two hundred nor more than attorney; four hundred dollars, except as follows: In the counties of Berkeley, Greenbrier, Harrison, Jefferson, Marion, Preston, Randolph and Wetzel not less than two hundred and fifty nor more than five hundred dollars. In the counties of Kanawha, Mason and Marshall, not less than five hundred nor more than one thousand dollars. In the counties of Ohio and Wood, not less than five hundred nor more than twelve hundred dollars. But no extra

except, etc.

No extra

allowance after

service rendered.

Salary not to

compensation shall be granted or allowed to any public officer, agent, servant, or contractor, after the services shall have been rendered or the contract made, nor shall the salary of any public officer be increased or diminished dimished, etc. during his term of office. And it shall be the duty of the prosecuting attorney to attend to and prosecute or defend (as the case may be), all actions, suits and proceedings in which his county, or any district therein, is interested, without additional compensation.

be increased or

Commencement.

[Approved March 14, 1881.]

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.]

The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.

Act amended.

Allowance to certain county

officers; when and how made.

How paid.

Allowance to

tion.

CHAPTER XXV.

AN ACT to amend and re-enact section forty-nine of an act of the legislature of West Virginia, passed February eleventh, one thousand eight hundred and eightyone, entitled "an act amending and re-enacting chapter thirty-nine of the code of West Virginia."

[Passed March 14, 1881.]

Be it enacted by the legislature of West Virginia:

1. That section forty-nine of an act of the legislature of West Virginia, passed February eleventh, one thousand eight hundred and eighty-one, entitled "an act amending and re-enacting chapter thirty-nine of the code of West Virginia," be amended and re-enacted so as to read as follows:

49. The county court of every county shall allow, annually, to the county officers hereinafter mentioned, for their public services for which no other fee or reward is allowed by law, such sums to be paid out of the county treasury as are deemed reasonable by the court, within the limits ascertained by law, that is to say: the sheriff not to exceed two hundred dollars except that the sheriff's, excep- sheriffs of Jackson, Kanawha, Mason, Marshall, Marion, Monongalia, Ohio and Wood counties shall be allowed a sum not to exceed three hundred dollars. To the clerk of the circuit court not to exceed two hundred dollars, except that the clerk of the circuit court of Ohio county shall be allowed annually, not less than five hundred, nor more than one thousand dollars, and of Jackson, Kanawha, Marion, Mason, Marshall, Wetzel and Wood counties, a sum not to exceed six hundred dollars. To the clerk of

Allowance to clerks circuit

court.

Exception.

to

Allowance to

prosecuting

the county court a sum not to exceed two hundred dollars, Allowance ty except that the clerks of the county courts of Barbour, courts. Jefferson, Monongalia, Ohio, Preston, Randolph and Wayne counties, shall be allowed a sum not to exceed three hundred dollars, and to the clerk of the county court of Berkeley county a sum not to exceed the sum of five hun- Exception. dred dollars; to the clerks of the county courts of Marion, Marshall, Mason, Kanawha, Wetzel and Wood counties a sum not exceeding the sum of six hundred dollars each. To the prosecuting attorney not less than two hundred nor more than four hundred dollars, except as follows in the attorneys. counties of Berkeley, Greenbrier, Harrison, Jefferson, Marion, Preston, Randolph and Wetzel, not less than two hundred and fifty nor more than five hundred dollars; in Exception. the counties of Kanawha, Marion and Marshall, not less than five hundred nor more than one thousand dollars; in the counties of Ohio and Wood, not less than five hundred nor more than twelve hundred dollars. But no compensation shall be granted or allowed to any public officer, agent, service renservant, or contractor, after the services shall have been dered. rendered or the contract made, nor shall the salary of any public officer be increased or diminished during Salary not to be his term of office. And it shall be the duty of the prose- minished, etc. cuting attorney to attend to and prosecute, or defend, (as Certain duties the case may be,) all actions, suits and proceedings in prosecuting atwhich his county, or any district therein, is interested, torneys without without additional compensation.

[Approved March 16, 1881.]

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.]

No extra allowance after

increased or di

required of

additional pay.

ment.

The foregoing act takes effect at the expiration of ninety Commencedays after its passage.

CHAPTER XXVI.

AN ACT to amend and re-enact section four of chapter one of the acts of one thousand eight hundred and eighty-one, entitled "an act fixing the time for holding the circuit courts in the several judicial circuits of this state."

[Passed March 12, 1881.]

Be it enacted by the legislature of West Virginia:

1. That section four of chapter one of the acts of one thousand eight hundred and eighty-one, be amended and re-enacted so as to read as follows:

4. The circuit courts for the several counties of the

Act amended.

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