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The following law was passed in March 1809, and is republished in the Law Journal that it may be imitated by the legislatures of the other states. It is understood that the tax in Chester county produced during the first year the sum of 1200 dollars.]

An Act laying a Tax on Dogs in certain counties, and for other purposes.

SECT. I. BE it enacted by the senate and house of represen

tatives of the commonwealth of Pennsylvania in general assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the commissioners of the city and county of Philadelphia, and of the counties of Bucks, Chester, Montgomery and Delaware, and they are hereby required to cause an accurate return to be taken annually by the assessors of the several townships, wards or districts within their respective 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, and 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 collector 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 money arising from the tax on dogs, and the said money shall be and hereby is 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.

SECT. II. And be it further enacted by the authority aforesaid, That when any inhabitant of the counties aforesaid shall have had any sheep destroyed by a dog or dogs, he or she may apply to the appraisers appointed by this act, and they or any two of them are hereby authorised and required to view and ascertain the damage sustained by the owner of such sheep destroyed as aforesaid, 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; 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 favour it shall have been drawn, and be paid out of the first money that shall come into the treasury belonging to said fund.

SECT. III. And be it further enacted by the authority aforesaid, That 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 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 upon oath or affirmation, to be by them administered.

SECT. IV. And be it further enacted by the authority aforesaid, That every dog kept or staying about any house shall be deemed sufficient evidence of ownership to authorise the assessor to return the person inhabiting said house as the

owner or possessor of such dog, and any person sending his or her dog from house to house, or from place to place, in order to evade the said tax, shall be liable to pay double tax therefor, and every dog not returned shall be deemed to have no owner, and may be lawfully killed by any person seeing him running at large.

SECT. V. And be it further enacted by the authority aforesaid, That if any dog shall be seen worrying sheep, it shall be lawful for any person seeing the same to kill such dog, or if any dog shall have been known to worry sheep, and information thereof be given to the owner of such dog, if he does not kill or cause him to be killed, he shall make full compensation for all damage done by said dog, and any person seeing said dog running at large, may lawfully kill him.

SECT. VI. And be it further enacted by the authority aforesaid, That 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 Marino 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 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 X

VOL. III.

sales, together with the surplus funds arising from the tax on dog, 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, 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.

SECT. VII. And be it further enacted by the authority aforesaid, That the return of the number of dogs taken in the county of Delaware, under an act passed the tenth day of April, one thousand eight hundred and seven, entitled "An act authorising the commissioners of Delaware county to lay a tax on dogs," shall be as valid to all intents and purposes as if taken under the provisions of this act, and the said recited act is hereby repealed and made void.

JAMES ENGLE, Speaker

of the house of representatives.

P. C. LANE, Speaker of the Senate.

APPROVED the twenty-third day of March, one thousand

eight hundred and nine.

SIMON SNYDER.

[The legislature of Pennsylvania have lately tried an experiment of substituting the system of compulsory arbitrations, for the long-tried and wholesome system of trial by jury. We publish it that it may be known to the readers of our Journal who do not reside in Pennsylvania. It is the result of much deliberation, and if it should not be found to effectuate the object intended by it, we hope it will be remembered only as a warning to those who may hereafter wish to depart from the path which the wisdom of ages has pronounced to be the safest as well as the nearest to the temple of justice.]

An Act Regulating Arbitrations.

SECT. I. BE it enacted by the senate and house of representatives of the commonwealth of Pennsylvania, in

general assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of May next, it shall and may be lawful for either party, his, her or their agent or attorney, in all civil suits or actions pending or that may hereafter be brought in any court of this commonwealth having either original or appellate jurisdiction of such suits or actions, to enter at the prothonotary's office, at any time after the entry of such suits or actions, excepting appeals to the register's court, or issues directed by the said court, a rule of reference, wherein the said party shall state his, her, or their determination to have arbitrators chosen, on a day certain to be mentioned therein, not exceeding thirty days thereafter, for the trial of all matters in variance in such suit or action between the parties, which rule shall be entered on record by the prothonotary and the following proceedings shall be had thereon, that is to say: The party, whether by his, her, or their agent or attorney, or otherwise, entering the rule of reference, shall under the penalty of ten dollars to be recovered by the adverse party, as debts of equal amount are by law recoverable, procure from the prothonotary a copy thereof under his hand and seal, and serve, or cause to be served, the same, or a copy thereof, on the opposite party, his, her or their agent or attorney; or if not to be found, leave a copy

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