25 May 1893 § 2.

P. L. 136.

of each sex is owned or kept by each person, and how many of such female dogs so owned or kept are spayed; such commissioners in each county, and councilmen Tax to be levied by of their respective cities, shall annually levy a tax upon each dog so returned and commissioners and within the discretion so given to such commissioners and councilmen to such an amount as will in their judgment create a sufficient fund from which all loss or damage caused to sheep within the respective counties, or cities, by a dog, or dogs, during each current year may be paid, together with all necessary expenses incurred in the adjustment of claims as hereinafter provided.

councils.

Ibid. § 3.

How damage for

be recovered.

9. Whenever any person shall sustain any loss or damage to sheep by a dog, or dogs, in any township, borough or city, such person, his or her agent or attorney, loss of sheep may may complain to any justice of the peace, magistrate or alderman of such township, borough or city, in writing to be signed by the person making such complaint, stating therein when, where and how, such damage was done, and by whose dog or dogs, if known, whereupon the justice of the peace, magistrate or alderman, to whom such complaint shall be made, shall notify the township, borough or city auditors, or controllers, of such claim, and such township, borough or city auditors shall at once examine the place where the alleged loss or damage was sustained and the sheep injured or killed, if practicable, and they shall examine under oath or affirmation to be administered by one of them, any witness called before them by subpoena which the said auditors are hereby authorized to issue, and after making diligent inquiry in relation to such claim, shall determine and report to such justice, magistrate or alderman in writing, whether any such damage has been sustained and the amount thereof, and who was the owner or keeper of such dog or dogs, if known, by which such damage was done, and if the dog or dogs are destroyed that caused the damage, if known, then the owner or keeper of said dog or dogs shall be exempt from further claim. Such report so made shall be signed by a majority of the auditors and delivered to the justice, magistrate or alderman, Refusal to kill dog. before whom such claim has been made: Provided, That any owner of dog or dogs refusing to kill his dog or dogs, after having received due notice from the constable or police through the justice of the peace, magistrate or alderman before whom such claim has been made of the damage done by his dog or dogs, shall be liable for all damage and cost of the same.

Ibid. § 4.

the report.

10. Upon receiving such report the said justice, magistrate or alderman, shall immediately make a certificate thereto, signed and sealed by him, that such Officer to certify appraisement was regularly and duly made by such auditors or controllers, and if by such report it appears that any damage has been sustained by such complainant, the said justice, magistrate or alderman, shall deliver such report and all papers relating to the case to such claimant, his or her agent or attorney, upon payment of the costs up to that time hereinafter provided to be delivered to the county commissioners or councilmen or cities where such damage has been sustained to be filed in their office.

Ibid. § 5.

Warrant for damages and costs.

Ibid. § 6. Procedure when

owner of dogs causing the damage

11. Upon the commissioners of the county and councilmen of cities receiving such report, if it shall appear thereby that a certain amount of damage has been sustained by the claimant to sheep by a dog or dogs, they shall immediately draw their order on the treasurer of such county or city in favor of the claimant for the amount of loss or damage such claimant has sustained according to such report, with necessary and proper costs incurred as aforesaid, to be paid out of the fund raised or to be raised by taxes on dogs as herein before provided: Provided further, That no person shall receive an order for any claim until he or she has been qualified according to law before said justice of the peace, magistrate or alderman, before whom claim was made that due diligence was made to ascertain whose dog or dogs did such damage.

12. If, in the report of the auditors or controllers made in accordance with the provisions of section three, the name of the owner or owners of any dog or dogs having caused loss or damage to sheep shall be definitely and conclusively shown, who have not complied with section three of this act, then it shall be the duty of does not kill them. the county commissioners or city councilmen to notify such owner or keeper immediately to kill said dog or dogs, and upon failure of such owner or keeper to comply with such order within a period of ten days, then it shall become the duty of the constable or police of the respective township, borough or city, in which said dog or dogs are kept, upon notice from said commissioners, to kill the said dog or dogs, for which service he shall be entitled to one dollar for each dog so killed, to be paid out of the county or city fund that is kept for the purpose of paying loss or damage to sheep, upon a certified statement that such dog or dogs were killed by him to the commissioner or councilmen who shall issue such order on the treasurer of the county or city, unless payment has been made by the owner or keeper of dog or dogs causing such damage as provided for in section three. 13. All dogs in this commonwealth shall hereafter be personal property and personal property, subjects of larceny, (d) and the owner or keeper of any dog shall be liable to the and subjects of larceny. county commissioners or the councilmen for all loss or damage to sheep by such

Fee for killing dogs.

Ibid. § 7.

All dogs shall be

(d) A similar provision in the act 15 May 1889, P. L. 222, was held not to be unconstitutional in Commonwealth v. Depuy, 148 P. S. 201.

dog, with all necessary costs incurred in recovering and collecting such damages, 25 May 1893 § 7. unless the foregoing provisions are complied with.

14. Justices of the peace, magistrates or aldermen, for the special service under the provisions of this act, shall be entitled to one dollar for each case, and the auditors or controllers, each one dollar per day for the time necessarily spent_by them in investigating each claim, to be paid by the claimant in each case: Provided, That in all cases where damages are awarded the fees paid by claimants shall be included in the amount of such damages.

P. L. 136.
Ibid. § 8.

Fees of officers.

Ibid. § 9.

hands of treasurer

15. At the end of each year if any such treasurer shall have in his hands moneys collected for the payment of claims as hereinbefore mentioned, more than How balance in two hundred dollars, after the payment of all such claims, he shall immediately pay at end of year shall the same into the county or city fund to be used for county or city purposes. be disposed of. 16. All acts or supplements of acts inconsistent with the provisions of this act Repeal of general are hereby repealed: Provided, That this act shall not repeal or affect the provisions of any special law relating to the same subject in any county, township, Special laws not borough or city in this commonwealth. (e)

laws.

affected.

VI. Special laws.

5 Sm. 36.

17. It shall be the duty of the commissioners of the city and county of Phila- 23 March 1809 § 1. delphia, and of the counties of [Bucks] Chester, [Montgomery] (g) and Delaware, and they are hereby required to cause an accurate return to be taken annually Dogs to be taxed by the assessors of the several townships, wards or districts within their respective in certain counties. counties, of all dogs upwards of one month of age, owned or possessed by any person or persons within their respective townships, wards or districts, particularly noting the number owned or possessed by each person and kept about any one house; and when the said commissioners shall have so ascertained the number of dogs aforesaid, they shall levy and cause to be collected annually from every person or persons owning and possessing one dog, twenty-five cents, for every second dog kept about the same house, one dollar, and for every additional dog, two dollars, by the collectors of the several townships, wards or districts, at the same time and in the same manner the county rates and levies are collected, for which the said collectors shall be allowed five per centum out of the money so collected. And it shall be the duty of the county treasurers to keep separate accounts of the Tax to form a fund money rising from the tax on dogs, and the said money shall be and hereby is to compensate for appropriated as a fund for remunerating the inhabitants of the said counties respectively, for any loss they shall sustain after the passing of this act, by sheep being destroyed by a dog or dogs, except the tax arising by this act within the city of Philadelphia, the township of the Northern Liberties and the district of Southwark, which shall be paid by the collectors to the treasurer of the guardians of the poor, and by them appropriated for the support of the poor of the said city, township and district.

loss of sheep destroyed by dogs.

Ibid. § 4.

What to be deemed

18. Every dog kept or staying about any house, shall be deemed sufficient evidence of ownership to authorize the assessor to return the person inhabiting said house as the owner or possessor of such dog; and any person sending his or her proof of ownerdog from house to house, or from place to place, in order to evade the said tax, ship. shall be liable to pay double tax therefor; and every dog not returned shall be Penalty for evading deemed to have no owner, and may be lawfully killed by any person seeing him run at large.

tax.

19. When any inhabitant of the counties aforesaid shall have had any sheep Ibid. § 2. destroyed by a dog or dogs, he or she may apply to the appraisers appointed by How loss of sheep this act, and they or any two of them are hereby authorized and required to view to be appraised and and ascertain the damage sustained by the owner of such sheep destroyed as afore- compensated. said, and when they shall have ascertained the legality of the claim, and the damages so sustained, they, or any two of them, shall certify the same under their hands and seals to the commissioners of the county, who shall draw their warrant on the treasurer of the county for the amount so certified, to be paid out of the fund arising from the tax on dogs; (h) but if there shall not be sufficient money in the treasury belonging to the said fund, then the said warrant shall be kept by the person in whose favor it shall have been drawn, and be paid out of the first money that shall come into the treasury belonging to the said fund.

(e) This act supplies the act 15 May 1889, P. L. 222, which itself supplied the act 12 June 1878, P. L. 198, which was held to be unconstitutional in Bowen v. County, 6 C. C. 613. The act 24 March 1851, providing for the taxation of dogs in East Pikeland township in Chester county, was repealed by the act 6 June 1893, P. L. 334; the act 24 March 1851, as to East Vincent township in the same county, was repealed by the act 6 June 1893, P. L. 334; the act 9 April 1872, as to Honeybrook township in said county, was repealed by the act 15 May 1893, P. L. 47; the act 11 March 1850, as to Tredyffrin township in said county, was repealed by the act 31 May 1893, P. L.

186; and the act 9 March 1855, as to West Marlborough township in said county, was repealed by the act 30 May 1893, P. L. 183.

(g) Repealed, as respects Montgomery county, by act 2 April 1822, 7 Sm. 591; and as to Bucks county, by act 11 April 1825, P. L. 226.

(h) The county is not responsible, under any circumstances; the fund created by the act is not county stock. Sisson v. Bailey, 1 Luz. L. Reg. 56. The duty of the commissioners to draw their warrant, is simply ministerial; and they may be compelled to do so, by mandamus. Ibid.

23 March 1809 § 3. 5 Sm. 36.

20. The persons elected to audit and settle the accounts of the supervisors of the highways in the several townships, wards and districts, shall be and they are Township auditors hereby appointed appraisers of the damage done by dogs within their respective townships, wards or districts, and shall have full power and authority to examine any person that shall appear before them, respecting the premises, on oath or affirmation, to be by them administered.

to be appraisers.

Their powers.

Ibid. § 6.

Surplus money to be a fund for the

purchase of Merino sheep.

lated.

21. The surplus money remaining in the treasury of the aforesaid counties on the first day of May annually (after deducting what may probably be wanted before another tax can be collected), arising from the tax on dogs, shall be applied by the commissioners of said counties in purchasing a number of Merino rams and ewes of the full blood, which shall be placed by them in the most convenient places in the said county for the benefit of the farmers; and every farmer shall have liberty to send three ewes to some one ram in said county, to continue with him for Use thereof regu- one week, free of expense, except a reasonable compensation for pasturage. The ewes of the full blood shall be kept with some ram of the same full blood, and the male product thereof shall be placed at one year old in some other convenient place in the county, for the benefit of the farmers aforesaid; and the female product to be kept with the ram of the full blood in order to increase the stock and keep the blood pure. And whenever the commissioners of any county shall be of opinion that such breed of sheep shall have so increased as to render it proper to dispose of any part thereof, they may sell so many of them as they shall think proper, for the best price that can be obtained for the same (always giving the farmers of their respective counties the preference), and the product arising from such sales, together with the surplus funds arising from the tax on dogs, shall be applied in procuring some other approved breed of sheep, to be placed in their respective counties in manner aforesaid; or for the importation from Europe or elsewhere, (of) the most approved breed of cattle, to be placed in their respective counties, for the benefit of the farmers, in the same manner as is provided for sheep.

25 March 1814 § 4. 6 Sm. 185.

Compensation of appraisers.

2 April 1821 § 2. 7 Sm. 449.

Appraisers to re-
port whether party
injured keeps a
dog.

22. The persons designated as appraisers of the damage done to a sheep by a dog or dogs in the act to which this is supplementary, shall severally receive for their services the sum of fifty cents per day, to be paid by the person applying, which sum or sums shall be added to the amount of damages appraised.

23. Whenever the persons authorized by the act to which this is a supplement, to value sheep, destroyed by dogs, are called on to perform that duty, it shall be their further duty, and they are hereby required to ascertain whether the owner of the sheep so destroyed, owns, possesses or keeps a dog or dogs about his or her house; and shall make report of the fact to the commissioners of the county, with the valuation of the sheep so destroyed; and if it shall appear to the said commissioners, that the owner aforesaid did not make a true return to the proper assessor feited, if such dog of the dog or dogs subject to taxation, the said owner shall not be entitled to receive any part of the said valuation-money.

Right to compen

sation to be for

be not returned.

Ibid. § 3.

Oath of appraisers.

24. The persons authorized to value sheep destroyed by dogs as aforesaid, shall, after their election, and before they perform that duty, take before some justice of the peace of the county an oath or affirmation, in the following form, viz.: "I, A. B., do swear (or affirm, as the case may be) that I will, when called on for that purpose, faithfully and impartially perform all and every of the duties enjoined on me by an act, entitled An act laying a tax on dogs in certain counties, and for other purposes,' passed the 23d day of March 1809, and the supplement to the act passed in 1821.” To be administered And any justice of the peace, to whom application is made, is hereby required to by a justice with- administer such oath or affirmation, and give a certificate thereof, without fee or reward.

out fee.

Ibid. § 4.

Owners of sheep

not residing in a

25. When sheep shall be destroyed by a dog or dogs within the county of Chester, and which sheep shall belong to and be owned by any person or persons residing out of the said county, and not within any county or district in which a tax is district in which a levied and collected on dogs, such person or persons shall not be entitled to receive dog tax is levied, from the commissioners of the said county of Chester any compensation for the sheep so destroyed.(i)

not to receive compensation.

4 April 1831 § 2. P. L. 496.

Penalty for not

returning dogs in certain counties.

Ibid. § 3.

26. If any person in the counties of Chester or Delaware shall permit any dog to be kept or to remain about his house that is not returned by him to the assessor, such person shall be liable to pay a fine of two dollars, to be recovered for the use of the informer, as debts of that amount are by law recoverable.

27. Any dog seen within an enclosure where cattle or sheep are kept, in either of When dogs may be said counties, except when in company with his owner, may be lawfully killed.

killed.

29 March 1813 § 1. 6 Sm. 80.

VII. Of trespassing rams.

28. If any ram shall be taken trespassing within any enclosure, within the counties of Delaware, Northumberland, Union, Columbia, Lycoming, Luzerne, Brad

(i) See also act 11 April 1825, P. L. 226, as to Bucks and Kingsessing: act 18 March 1826, P. L. 132, as to Delaware and Washington counties, and Byberry and

Moreland, Philadelphia county; and numerous other local acts to be found in the pamphlet laws.

ford, Fayette, Washington, Cumberland and Centre, (k) at any time between the first day of August and the first day of December, the owner of said ram shall forfeit and pay to the owner or possessor of said enclosure the sum of two dollars, to be recovered as debts to that amount are or shall be by law recoverable.

29. If the owner of said ram be not known, the owner or possessor of said enclosure is hereby directed to give ten days' notice of the trespass committed, by advertisements to be set up at four public places within the township where the In certain cases ram shall have been taken, describing his marks, if any; and if no owner shall ap- forfeited. pear within twenty days after notice, to claim the ram, he shall be forfeited to the then possessor.

DOMESTIC ANIMALS.

See AGRICULTURE; CRIMES; DOGS AND SHEEP.

DOMESTIC ATTACHMENT.

8. Testatum attachments may issue into other (3.) OF THE DISTRIBUTION

I. Jurisdiction of the common pleas.

(1.) of the writ of domestic attachment, and the proceedings thereon.

1. Writs of domestic attachments may be issued by the courts of common pleas 18 June 1836 § 1. of the county in which any debtor, being an inhabitant of this commonwealth, (1)

18 June 1836 § 1. may reside, if such debtor shall have absconded from the place of his usual abode

P. L. 606.

Ibid. § 3.

Form of the writ.

within the same, or shall have remained absent from this commonwealth, (m) or shall have confined himself in his own house, or concealed himself elsewhere, with design, in either case, to defraud his creditors; and the like proceedings may be had if any debtor, not having become an inhabitant of this commonwealth, shall confine or conceal himself within the county, with intent to avoid the service of process and to defraud his creditors.

2. But no such writ shall be issued, except upon oath or affirmation, previously made, by a creditor of such person, or by some one in his behalf, of the truth of his debt,(n) and of the facts(o) upon which the attachment shall be founded, which oath or affirmation shall be filed on (of) record.

· county ·

3. The writ aforesaid shall be made according to the following form, viz. : County, ss. The Commonwealth of Pennsylvania: To the sheriff of county, greeting: Whereas, A. B., late of the has absconded from the place of his usual abode in said county, [reciting the matters of fact contained in the affidavit, as the case may be,] with design to defraud his creditors as it is said; therefore, we command you, that you attach all and singular the goods and chattels, lands and tenements of the said A. B., within your bailiwick, in whose hands or possession soever the same may be, for the benefit of C. D., who sues this writ, and of the other creditors of the said A. B.; and we further command you, that you cause the goods and chattels attached by virtue of this writ, forthwith to be secured and appraised, and an inventory thereof to be made: and how you shall have executed this writ, make known to our judges at in the county aforesaid, on the· - day of and have you then and there this writ, together with the said inventory and appraisement: Witness, &c. 4. Every writ of domestic attachment shall contain a clause requiring the sheriff, or other officer, to summon the garnishee, or person in whose hands any of to the garnishee to the defendant's money or other effects may happen to be, to appear before the court from which the writ shall issue, at the day and place mentioned in the said writ, to abide the orders of the court in the premises.

Ibid. § 4.

Clause of summons be inserted.

Ibid. § 6. Proceedings where real estate within the county is attached.

Ibid. § 7.

Any other creditor may suggest his name upon the record.

Ibid. § 8. Perishable goods may be sold.

Ibid. § 9.

Testatum attachments may issue. Ibid. § 10.

Garnishee to be summoned before the court of his own county.

Ibid. § 11.

Duty of sheriff on

testatum attachment.

5. If real estate be attached within the county in which such writ of attachment shall issue, it shall be the duty of the sheriff to file a description thereof, and cause the same to be entered upon the docket of the prothonotary of the court out of which such attachment issued, in the manner provided by law in the case where real estate is attached by virtue of a writ of foreign attachment; and also, to cause a copy of said attachment, by him certified, to be put up in some conspicuous place on such real estate; and where there is a tenant, it shall be the duty of the sheriff to leave a copy of the writ with him, or any other person in actual possession, holding under the defendant, and to summon him as garnishee.

6. It shall be lawful for any other creditor of such person, upon affidavit of his debt as aforesaid, to suggest his name upon the record, and thereupon, such creditor may proceed to prosecute the said writ, if the person suing the same shall refuse or neglect to proceed thereon, or if he shall fail to establish his right to prosecute the same as a creditor of the defendant.(p)

7. In case any perishable goods (q) shall be attached by virtue of such writ, it shall be lawful for the court, if in session, or for any judge thereof, in vacation, on the application of any creditor as aforesaid, to order the same to be sold by the sheriff, and the moneys arising from such sale shall be received by the sheriff, and paid over by him to the trustees, to be appointed as hereinafter mentioned.

8. It shall be lawful for any creditor, as aforesaid, to sue out from the said court, and with the original writ, or afterwards, other writs of attachment, into any other county in which such debtor may have goods or chattels, lands or tenements. 9. Whenever any testatum writ of attachment shall be issued as aforesaid, the garnishee in whose hands any goods or effects shall be attached, as aforesaid, shall be summoned to appear before the court of common pleas (of) the county in which he shall reside.

10. It shall be the duty of the sheriff to whom any testatum writ of attachment shall be directed as aforesaid, to execute the same in like manner as if the writ had issued from the court of common pleas of his own county, and he shall cause

ceedings must be under the foreign attachment law. Vansyckel's Appeal, 13 P. S. 130. See Barnet's Case, 1 Dall. 153. Taylor v. Knox, Ibid. 158. Kennedy v. Baillie, 3 Y. 55. Fuller v. Bryan, 20 P. S. 144.

(m) The absence of a theatrical manager, whose business takes him away from the city, is not ground for a domestic attachment. Loesch v. Rivers, 5 Phila. 83.

(n) A domestic attachment may issue for a debt not due and payable. McCullough v. Grishobber, 4 W. & S. 201.

(0) An affidavit which states the causes for which the attachment issued, in the alternative, is bad. Jewel v. Howe, 3 W. 144. Wray v. Gilmore, 1 M. 75. Quay v. Kuckner, 2 Clark 79. See Wagenhurst v. Dunkel, 1 Wood. 221. But it need not aver the defendant's residence. Wray v. Gilmore, 1 M. 75. The

affidavit is not conclusive. Boyes v. Coppinger, 2 Y. 277. See Castellanos v. Jones, 5 N. Y. 164. Van Alstyne v. Erwine, 11 Ibid. 339.

(p) See form of affidavit, in Grayd. Forms 44. (4) Wines and liquors are not such perishable goods. Henisler v. Friedman, 5 Clark 147. Perishable goods are such as are liable to perish before the term arrives at which the trustees are authorized to sell. Ibid. A shallop was ordered to be sold as a perishable commodity. O'Niel v. Chew, 1 Dall. 379. The title of the purchaser at such sale is indefeasible, without regard to the former ownership of the defendant; and whether he was, or was not, the owner; but the officer is nevertheless a trespasser, if the goods were the property of a stranger. Megee v. Beirne, 39 P. S. 50.