CHAPTER VII. MISCELLANEOUS DUTIES OF SUPERVISOR. § 130. Duties in relation to dogs, under revised statutes. § 131. Duties in Richmond, Rockland and Westchester Counties. § 133. Duties in Putnam County. § 138. Duties in Ontario County. § 139. Duties in City and town of Lockport, Niagara County. MISCELLANEOUS DUTIES OF SUPERVISOR. § 140. As to surveys of his town. § 141. Penalty for neglecting to do so. § 142. Survey of non-resident lands. § 143. Concerning strays. § 144. Concerning surplus moneys on sale of property for taxes. § 145. Binding out indigent and orphan children. § 146. Investigating as to corrupt use of town funds. § 147. Payment of bonded indebtedness of towns. $148. Payment of town bonds given in aid of railroads. § 149. Sale of stock, etc., in insolvent railroad companies. § 150. May fill vacancy in office of Town Auditor. § 151. Under General Drainage Law. § 152. May appoint Inspectors of vinegar. § 153. To attend Board of Supervisors. § 154. To sue for penalties. § 155. When to pay judgments. §156. Supplementary proceedings to collect taxes. § 157. As to filing bonds, etc. § 158. Stone-crusher, when he may purchase for town. § 159. Notice of election to be given. $160. Custody of machines. § 161. Tax to pay for same. § 162. Raising tax to purchase stone to operate machine. § 130. Dogs-his duties in relation to. Tax on dogs except in New York. In all the counties of the state, except the City and the County of New York, there shall be annually levied and collected the following tax upon dogs: Upon every bitch owned or harbored by any one or more persons, or by any family, three dollars; upon every additional bitch owned or harbored by the same person or persons or family, five dollars; upon every dog other than a bitch, fifty cents, and upon every additional dog owned, two dollars. 3 R. S. (8th ed.) 2384, § 1, as amended by Laws 1862, chap. 244, § 1. Owner to deliver description of dog. The owner or possessor of every dog liable to the above tax, shall, whenever required by any Assessor, deliver to him a description in writing, of every such dog owned or possessed by him. For every neglect or refusal so to do, and for every false statement made in any description so furnished, he shall forfeit five dollars, to be recovered by the Supervisor of the town. 3 R. S. (8th ed.) 2384, § 3, as amended by Laws 1862, chap. 244, § 2. Assessment and collection of tax. The Assessors of every town or city or ward of a city, except the City of New York, shall annex to the assessment roll of real and personal estate therein, made by them annually, the name of each and every person or persons liable to the tax imposed hereby, together with the number of bitches and dogs for which such person or persons is or are assessed, and return the same to the Supervisor of their respective towns, cities, or wards of cities, to be laid by said Supervisor before the Board of Supervisors, to be by them collected in the same manner as other state and county and town taxes are collected. And if any person duly assessed shall refuse or neglect to pay the tax so assessed within five days of the demand thereof, it shall be lawful for any person, and it shall be the duty of the collector, to kill the dog so taxed. 3 R. S. (8th ed.) 2384, § 4, as amended by Laws 1862, chap. 244, § 3. See also, 3 R. S. (8th ed.) 2385, § 6. Collectors' fees. Each Collector shall be allowed to retain a commission of ten dollars on every hundred dollars collected, and at that rate upon all sums collected by him pursuant to the direction of the Supervisors; and said Collector shall also, on filing his affidavit of the fact with the County Treasurer, be entitled to retain as a further compensation from the moneys collected by him, the sum of one dollar for every dog or bitch killed by him, under the provisions of the second section of this act. 3 R. S. (8th ed.) 2385, § 7, as amended by Laws 1862, chap. 244, 4. Tax, how applied. The moneys so collected and paid to any County Treasurer, shall constitute a fund for the satisfying such damages as may arise in any year from dogs killing or injuring sheep in such county, and the residue for the use of the poor of the county. 3 R. S. (8th ed.) 2385, § S. The Liability of owners of dogs for injuries to sheep. owner or possessor of any dog that shall kill or wound any sheep or lamb, shall be liable for the value of such sheep or lamb to the owner thereof, without proving notice to the owner or possessor of such dog, or knowledge by him, that his dog was mischievous or disposed to kill sheep. Ibid., § 9. A joint action does not lie against separate owners of dogs by whom the sheep of a third person have been worried and killed. Van Steenburgh v. Tobias, 17 Wend. 562. The owner of the sheep killed may resort to his action without applying to the Fence Viewers to inquire into the matter. Fish v. Skut, 21 Barb. 333. The statute making the owner of a dog which shall kill or wound sheep, liable, without notice that he was mischievous, has no application where the sheep were only chased and worried. In such case there must be proof of the scienter to render the defendant liable. Auchmuty v. Ham, 1 Denio, 495; Hinckley v. Emerson, 4 Cow. 351; Osincup v. Nichols, 49 Barb. 145. In order to maintain an action under this statute, where the defendant denies that he is the owner of the dog, the plaintiff must prove that the defendant had the possession or suffered the dog to remain about his house for twenty days previous to the injury to the sheep. Strang v. Newlin, 38 How. P. 364. Duty of Fence Viewers. The owner of any sheep or lambs that may be killed or injured by any dog, may apply to any two Fence Viewers of the town, or Assessors of the city or of the ward of the city, who shall inquire into the matter, and view the sheep injured or killed, and may examine witnesses in relation thereto, for which purpose either of them shall have power to administer oaths. If they are satisfied that the same were killed or hurt only by dogs, and in no other way, they shall certify such fact, the number of the sheep killed or hurt, and the amount of the damages sustained thereby by the owner, together with the value of the sheep hurt or killed. 3 R. S. (8th ed.) 2385, § 10, as amended by Laws 1862, chap. 244, § 6. Certificate of Fence Viewers. Whereas Christoph Schwinger, of the Town of Tonawanda, having applied to us, two Fence Viewers of said town, to appraise the value of certain sheep, alleged to have been killed by dogs, and the amount of damages sustained by him, pursuant to the statute in such case made and provided, and having this day inquired into the matter and viewed the sheep killed, and examined witnesses in relation thereto, we do hereby find and certify, that the said sheep were killed by dogs only, and in no other manner, and that there were five sheep killed of the value of three dollars and fifty cents each, amounting to seventeen dollars and fifty cents, and that the owner, Christoph Schwinger, has sustained damages to that sum. In witness whereof we have hereunto set our hands this twentieth day of June, A. D. 1888. A. B.) C. D. Fence Viewers. Effect of such certificate. The said certificate shall be presumptive evidence of the facts therein contained, in any suit that may be brought by the party injured against the owner or possessor of any dog, if it shall appear on the trial of such suit that notice in writing of the time and place of such view shall have been served at least twenty-four hours before, on the said owner or possessor, either personally or by leaving at his dwelling-house with a person who usually dwells therein, and who shall have arrived at the age of sixteen years, was given to the owner of the dog, of the intended application. 3 R. S. (8th ed.) 2385, § 11, as amended by Laws 1862, chap. 244, § 6. Application to Supervisor for damages. If the party injured cannot discover the owner or possessor of the dogs by which such damage was done, or shall fail to recover the value of the sheep killed or injured, against such owner or possessor, he may apply to the Supervisor of the town, and upon producing to him the certificate mentioned in the tenth section, made as aforesaid, and his own affidavit that he has not been able to discover such owner or possessor, or that he has failed to recover his damages from such owner or possessor, the said Supervisor shall lay the same before the Board of Supervisors of the county at their next meeting. 3 R. S. (8th ed.) 2386, § 12, as amended by Laws 1862, chap. 244, § 7. Payment of damages when ordered. The Board of Supervisors shall issue their order on the County Treasurer, for the amount of the damages appearing by the certificate of the Fence Viewers, to have been sustained by the owner of any sheep killed or injured by dogs, where they shall be satisfied that the owner or possessor of such dogs cannot be discovered, or that the party injured has failed to recover such damages of such owner or possessor, which shall be paid by the County Treasurer from the fund to be raised by said tax, and from no other moneys. 3 R. S. (8th ed.) 2386, § 13, as amended by Laws 1862, chap. 244. |