*25d. Payment of license fee, when not to bar action. § 4. The payment to any owner of sheep of money for damages resulting from loss or injury to his or her sheep shall not be a bar to an action by such owner against the owner or keeper of the dog or dogs committing such injury or causing such loss, for the recovery of damages therefor. The court or jury before whom such action is tried shall ascertain from evidence what portion, if any, of the damages sought to be recovered in such action has been paid to the plaintiff in such action by the county treasurer or supervisor of the proper county or town; and in case the plaintiff in such action recovers damages, the court shall enter judg ment against the defendant, in the name of the plaintiff, for the use of the proper county or town as the case may be, for the amount which the plaintiff has received on account of such damages from the county treasurer or supervisor of the proper county or town, if such recovery shall equal or exceed the amount so received by such plaintiff from the county treasurer, or town supervisor of his county or town; and the residue of such recovery, if any there be, shall be entered in the name of the plaintiff in such action to his own use; if the amount of the recovery in such action shall not equal the amount previously paid to the plaintiff on account of such damages by the county treasurer or the town supervisor of the proper county or town, then the judgment shall be entered as aforesaid, for the use of such county or town, for the full amount of such recovery. Writs of execution issued upon such judgment shall show on their face what portion of the judgment is to be paid to the proper county or town, and what portion is to be paid to the plaintiff in such action, and the judgment, when collected, shall be paid over to the parties entitled thereto, in their proper proportions.

*25e. Damages-how ascertained. § 5. No person having sheep killed or injured, as aforesaid, shall be entitled to receive any portion of the funds herein provided for, unless he shall appear before the nearest justice of the peace who can be found, within three days from the time when such injury or damage is discovered, and make affidavit stat ing the number of sheep killed or injured, that the name of the owner or keeper of the dog or dogs which destroyed or injured the applicant's sheep is or are unknown, or if known, then stating the name, and that such owner or keeper is insolvent, and that the applicant has received no compensation from the owner or keeper, or any other person, for the damage sustained; and thereupon the said justice of the peace shall enter the same on his docket in the same manner as other suits are docketed,

and shall proceed to hear testimony of one or more freeholders as to the number and value of the sheep killed or injured, and from such evidence shall find the damages sustained, and shall make a record of his finding as of judgments in other cases. He shall, upon the request of the applicant in such proceeding, make a certified copy from his docket of said proceeding, and the same, with the original affidavit of the applicant, shall be filed with the county treasurer in counties not under township organization, and in counties under township organization with the supervisor of the town in which such sheep were injured or destroyed, within ten `days thereafter, and, when so filed, shall be sufficient evidence of loss or damage by dogs as aforesaid, and the license fund as aforesaid shall be paid out thereupon on the first Monday of March in each year, as hereinbefore provided.

[As amended by act approved May 28, 1881 ; in force July 1, 1881; L. 1881, p. 4. *25f. Fees of justices, etc., and witnesses. § 6. The justice of the peace before whom such application is made shall receive, for hearing and certifying the same, the sum of one dollar, and the witnesses, not exceeding three, shall be allowed fifty cents each. All fees given for services under this act shall be paid out of the fund created by this act, prior to its disposition, as provided in the third section of this act. [As amended by act approved May 28, 1881; in force July 1, 1881; L. 1881, p. 4. *25g. "Dog," defined. § 9. The word "dog," as used in this act, shall be held and construed to mean all animals of the canine species, both male and female.t

TAXING DOGS.

AN ACT to authorize and empower the several county courts and boards of supervisors in the several counties of this State to provide for the levy and collection of a tax on dogs in their respective counties, and to impose fines and penalties in certain cases, and provide for the enforcement and collection of the same. [Approved April 9, 1869. In force June 19, 1869. L. 1869, p. 165]

[NOTE.-This act is not repealed in terms. Whether it is not repealed by implication. See "Revenue," ch. 120, 88 1, 3; Const., art. 9, § 1.]

26. County court, etc., may tax. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several county courts and boards of supervisors of the several counties in this State may, in their discretion, respectively, levy such tax upon dogs in their several respective counties as they may see proper, not exceeding the sum of $2 upon each dog, such levy to be made by order, resolution or ordinance, to be entered upon the minutes of such court or board at the time the same is made; and it shall thereupon be the duty of

+$5 and 7 of act of May 29, 1879, repealed; § 6, numbered 5, and amended as here given and $8 changed to $6, and amended as here given, by the act of May 28, 1881.

the clerk of the county court in any county where such order, resolution or ordinance is made, to enter the same upon the minutes of such court or board, and he shall thereupon give to the county assessor or all town assessors, as the case may be, notice of the making of said order, resolution or ordinance, by delivering or causing to be delivered to him or them written or printed notice of such ordinance, order or resolution.

27. Duty of assessors. § 2. It shall be the duty of such county assessor or such town assessors, as the case may be, in taking lists of taxable property, to require of every person or persons liable to taxation or assessment, to list, with his, her or their other property, any [*145] dog or dogs of which he, she or they may be the owner or owners, or which shall resort or frequent the premises occupied by such person or persons; and the respective assessors aforesaid may require answers in reference to the ownership of, or resorting or frequenting such premises by dogs, to be given under oath, which oath shall be administered by such assessor.

28. Tax extended and collected. 3. It shall be the duty of the respective county clerks where such listing shall be made, to extend on the respective tax book or books, for such county or towns, the sum so levied by such court or board upon such dog or number of dogs as appear so listed to each person or persons aforesaid, with the other taxes assessed against such person or persons, and the respective amounts shall be extended at the rate of such levy of said court or board against each dog so listed, and the same shall be collected as other taxes by the respective collectors.

29. Delinquents. § 4. If any such sum so extended shall be returned by such collector unpaid, it shall thereupon be the duty of such collector to call upon the person or persons against whom such sum shal! be extended, and unless such person or persons shall make it satisfactorily appear to such collector that the dog or dogs upon which such listing was made is or are dead, or removed beyond the limits of the county, permanently to remain, it shall be the duty of such collector to cause the warrant of some justice of the peace of said county to issue for the apprehension and arrest of such person or persons having so listed such dog or dogs and having so failed to pay the tax upon the same; and said delinquent or delinquents shall be forthwith brought before some justice of the peace for trial, and it shall be the duty of such collector to cause the proper proofs to be made before such justice, and thereupon such delinquent or delinquents shall be adjudged guilty of a misdemeanor, and shall enter against him, her or them a fine of not less than five nor more than ten dollars, and the defendant or defendants shall stand committed until such fine and the costs of the proceedings shall be paid. 30. Meaning of "dog." § 5. The word "dog" in this act shall be held and construed, at all times and places, to mean an animal of the canine species.

31. Application of tax. § 6. All taxes hereby provided for shall be paid and accounted for by collectors, when collected, to the proper officer authorized by law to receive the same, and shall be applied for school, road or county purposes, as said courts or board of supervisors may determine.

32. People plaintiff. § 7. In all proceedings for the collection of fines under the provisions of this act, the people shall be plaintiffs, and it shall be the duty of said collector to receive said fines, when paid. and pay over and account for the same as is herein directed with reference to taxes.

ENFORCEMENT OF THE LAW TO PREVENT CRUELTY TO ANIMALS.

AN ACT to secure the enforcement of the law for prevention of cruelty to animals. [Approved May 25, 1877. In force July 1, 1877 Laws 1877, p. 6.]

*33. Governor to appoint officers. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it is hereby made the duty of the governor to appoint, by and with the consent of the senate, one officer for the town of Lake, Cook county, one officer for East St. Louis, St. Clair county and one officer for the city of Peoria, Peoria county, whose term of office shall be two years respectively. or until a successor to such officer shall he appointed and qualified, and the duty of each officer so appointed shall be to cause the enforcement of the law for the prevention of cruelty to animals. [As amended by act approved June 30, 1885. In force July 1 1885. L, 1885,

p.

*34. Salary. 2 The salary of said officers shall be not exceeding twelve ($1,200) hundred dollars each per annum, payable quarterly from any money in the treasury not otherwise appropriated.

*35. Report. 3. Said officers shall make full reports of their proceedings quarterly to the governor

*36. Duty of officers. 4. It shall be the further duty of the officer so appointed to see that all stock in the stock yard or stock yards in his respective county, or at any distillery, brewery, factory or other place where stock are confined, housed or fed, are properly fed and cared for, and that stock receive the full amount of feed for which the owner or shipper is charged. [As amended by act approved June 30, 1885. In force July 1, 1885. L., 1885, p. See Criminal Code, ch. 38, 50-52

BIRDS AND ANIMALS FERE NATURE.

AN ACT declaring certain animals and birds feræ naturæ to be personal property [Approved April 10, 1877. In force July 1, 1877. Laws 1877, p. 6. Í

*37. Certain birds and animals personal property. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all birds and animals feræ naturæ, or naturally wild, when raised or in domestication, or kept in inclosures and reduced to possession, are hereby declared to be objects of ownership and absolute title, the same as cattle and other property and shal! receive the same protec tion of law, and in the same way and to the same extent shall be the subject of trespass or larceny, as other personal property

CONTAGIOUS DISEASES AMONG DOMESTIC ANIMALS.

AN ACT to revise the law in relation to the suppression and prevention of the spread of contagious and infectious diseases among domestic animals. [Approved June 27, 1885. In force July 1, 1885. Laws 1885, p. 1.]

*38. Appointment of live stock commissioners. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the governor shall, with the advice and consent of the senate, appoint three practical stock breeders, not more than two of whom shall be members of the same political party, who shall constitute a board of live stock commissioners, who shall hold their office in the order in which they are named, the first for one year, the second for two years, and the third for three years; and their successors in office shall be appointed for three years each. Before entering on the duties of their office, they shall take and subscribe to an oath of office for the faithful performance of their duties as such commissioners, and shall file the same with the governor. [As amended April 20, 1887; Laws 1887, p. 8.

*39. Quarantine – duty of commissioners — slaughter of diseased animals. 2. It shall be the duty of said board of commissioners to cause to be investigated any and all cases, or alleged cases coming to their knowledge, of contagious or infectious diseases among domestic animals, and to use all proper means to prevent the spread of such diseases, and to provide for the extirpation thereof; and in the event of reasonable grounds for belief that any such contagious or infectious disease has broken out in this State, it shall be the duty of the person owning or having in charge any animal or animals infected with disease, or any other person having knowledge or reason to suspect the existence of such disease, to immediately notify said board of commissioners, or some member thereof, by communication to said board, of the existence of such disease, and thereupon it shall be the duty of said board, or some member thereof, or authorized agent of the board, immediately to cause proper examination thereof to be made, and if said disease shall be found to be a dangerously contagious or dangerously infectious malady, said board, or any member thereof, or the State veterinarian, or any assistant veterinarian, shall order said diseased animals, and such as have been exposed to contagion, and the premises in which they are, to be strictly quarantined for such time as the board, or any member thereof, or such veterinarian may deem necessary, in charge of such person as the board, or any member thereof, or such veterinarian shall designate, and they shall have power to order any premises and farms where the disease exists, or has recently existed, as well as exposed premises and farms, to be put in quarantine, so that no domestic animal which has been or is so diseased, or has been exposed to such contagious or infectious disease, be removed from the places so quarantined, nor allow any healthy animal to be brought therein, except under such rule or regulation as the said board may prescribe; and said board shall prescribe such regulations as they may deem necessary to prevent such disease from being communicated in