SEC. 3. Owner of dog to deliver description on demand. 5. Duty of collector; his authority and liability. 7. Commissions to collector. 8. Application of monies collected by tax. 9. Owner of dog killing, &c. sheep, liable for damages. 10. Damages from injuries to sheep, how ascertained. 11. Certificate of fence-viewer, how far evidence. 12. Application for damages to supervisor. 13. When board to order payment; from what fund to be paid. 14. Owner to refund amount, if subsequently recovered by him. 15. Dogs chasing, &c. sheep, may be killed. 16. Penalty on owner of dog for not killing it. 17. When owner of dog may be ordered to kill it. 18. Penalty for disobeying such order. 19. Supervisor bound to prosecute for penalties. 20. Who to be deemed owners of dogs. TITLE 17. cept in 1. In all the counties of this state, except the county of Tax on New-York, there shall be annually levied and collected the dogs, exfollowing tax upon dogs; upon every bitch of three months New York. old or upwards, kept by any one person or family, two dollars; upon every additional bitch kept by the same person or family, five dollars; upon two dogs, of six months old or upwards, other than bitches, kept by one person or family, one dollar; upon every such dog more than two kept by the same person or family, three dollars. Laws of 1826, 149, § 1, 2, 3, 5 & 7. sessors. S2. The assessors of any town, at the time of making Duty of astheir annual assessments, shall inquire and ascertain the number of dogs liable to be taxed; and shall enter in lists to be made by them, the name of every person in their respective towns, then owning or keeping any dog, subject to the above tax, the number kept by such person, and the whole amount of the tax to be paid by him. deliver tion. $ 3. The owner or possessor of every dog liable to the above Owner to tax, shall, whenever required by any assessor, deliver to him descripa 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. collected. S4. The assessors of every town shall within the time Tax how required by law for the completion of their assessment rolls to whom to of real and personal property, make out a duplicate of the be paid. lists so by them made, containing the names of the owners [704] and possessors of dogs liable to taxation, with the amount payable by each person, and annex thereto a direction to the collector of the town, to levy, raise and collect the several sums in such lists specified, of the persons respectively, opposite to whose name the said sums shall be set, according to law, and pay over the same, after deducting his legal com TITLE 17. Duty of col ceedings, liability. missions, to the county treasurer; which shall be signed by them and be immediately delivered to the town collector. See Laws of 1835, ch. 117. $5. The collector to whom such list shall be delivered, shall lector pro proceed and collect the sums of money therein specified, within sixty days from the time of such delivery, in the same manner and with the like authority, in all respects, as in the collection of taxes imposed by the supervisors of the county, and shall pay the same to the county treasurer, after deducting the commissions allowed by law; and the same remedies to compel such collection and the payment over of the monies collected, may be had against such collectors and their sureties, as in the case of taxes levied by supervisors. When dog may be killed. Collector's fee. Tax how applied. Liability of owners of dogs for injuries. Fence viewers to ascertain injuries to sheep. $ 6. If any person duly assessed shall refuse or neglect to pay the tax so assessed, for five days after demand thereof, it shall be lawful for any person to kill the dog so taxed. $ 7. The collectors shall be allowed to retain a commission of five dollars upon the hundred dollars, and at that rate upon all sums collected by them, pursuant to the directions of the assessors. S8. The monies 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. $9. The 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. 1 R. L., 169, § 1, and act of 1826, 149, § 6; 17 W., 562; 30 B., 155; 21 B., 333; 1 D., 495; 4 Cow., 351. $10. The owner of any sheep or lambs that may be killed or injured by any dog, may apply to any two fence-viewers damage by of the town, 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. (705) ficate evi dence. Laws of 1826, 149, § 5 & 6. 11. The said certificate shall be presumptive evidence of Their certi- 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 due notice was given to the owner of the dog of the intended application to the fence-viewers. Applications for damages. S 12. If the party injured can not discover the owner or possessor of the dogs by which such damage was done, or shall TITLE 17. 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 of the fence-viewers, 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. when to be S 13. The board of supervisors shall issue their order on Payment, the county treasurer, for the amount of the damages appearing ordered. 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 can not be discovered, or that the party injured has failed to recover such damages of such owner or possessor; which From what shall be paid by the county treasurer, from the fund consti- fund to be tuted by the eighth section of this Title, and from no other monies. made. recovered ly to be S 14. If after receiving the amount of such damages from If damages the county treasurer, the owner of the sheep so killed or subsequentinjured shall recover the value thereof, or any part of such refunded. value, from the owner or possessor of any dog, he shall refund and repay to the county treasurer the sum so received from him, for which it shall be the duty of the supervisor of the town to bring an action against such owner, in case of his refusal, in the name of the county treasurer, and to pay into the county treasury the sum so collected. sing, &c., S15. Any person may kill any dog which he shall see Dogs chachasing, worrying or wounding any sheep, unless the same sheep, to be shall be done by the direction or permission of the owner of killed. the sheep, or his servant. 1 R. L., 169, § 1 & 7; 4 Cow., 351. owner of it. S 16. The owner or possessor of every dog, to whom notice Afrer noshall be given of any injury done by his dog to any sheep, or tice, &c., of his dog having chased or worried any sheep, shall within dog to kill forty-eight hours after such notice, cause such dog to be killed; for every neglect so to do, he shall forfeit two dollars and fifty cents, and the further sum of one dollar and twentyfive cents for every forty-eight hours thereafter, until such dog shall be killed, unless it shall satisfactorily appear to the court before which a suit shall be brought for the recovery of the said penalties, that it was not in the power of such owner or possessor to kill such dog. [706] tice may or S17. If any dog shall attack any person peaceably travel- When Jusling on any highway, or any horse in a carriage, or upon which der owner any person shall be mounted, and complaint thereof be made of to a justice of the peace, such justice shall inquire into the complaint, and if satisfied of its truth, and that such dog is kill it. ART. 1. Penalty for neglect. Supervisor to sue for dangerous, he shall order the owner or possessor of such dog to kill him immediately. 1 R. L., 169, § 2. $18. The owner or possessor of any dog, who shall refuse or neglect to kill him within forty-eight hours after having received such order, shall forfeit the sum of two dollars and fifty cents, and the further sum of one dollar and twenty-five cents for every forty-eight hours thereafter, until such dog be killed. $ 19. Upon complaint being made to any supervisor of a penalties. town, of any penalties imposed by this Title having been incurred, he shall commence a suit, for the recovery thereof, in his name of office, and prosecute the same with due diligence; and the monies recovered shall be by him paid to the county treasurer, to be added to the fund herein before provided for the satisfaction of damages sustained by owners of sheep. Who to be deemed owners of dogs. [709] S20. Every person in possession of any dog, or who shall suffer any dog to remain about his house for the space of twenty days, previous to the assessment of a tax, or previous to any injury, chasing or worrying of sheep, or any such attack made by a dog, shall be deemed the owner of such dog, for all the purposes of this Title. Laws of 1826, 149, § 4; 1 D., 495. See Laws of 1832, ch. 273; 1835, ch. 117; 1838, ch. 315; 1843, ch. 146; 1845, ch. 55. TITLE XVIII. OF THE DESTRUCTION OF WOLVES, AND OTHER NOXIOUS [By subdivision 13 of section 4 of ch. 194 of Laws of 1849, all laws for the preservation or destruction, killing or taking of wild beasts or birds, were repealed.] TITLE XIX. OF BROKERAGE, STOCK-JOBBING, AND PAWN-BROKERS. Rate of brokage, &c. Fee for making, &c., bond, &c. REGULATIONS CONCERNING BROKERS. SEC. 1. Rate of brokage, &c. and fee for making bond, &c. prescribed. 5. Persons discovering and returning excess, exonerated from further penalty. S1. No person shall, directly or indirectly, take or receive more than fifty cents for a brokage, soliciting, driving, or procuring the loan or forbearance of one hundred dollars for one year, and in that proportion for a greater or less sum; nor more than thirty-eight cents, for making or renewing any bond, bill, note or other security given for such loan or for- The provisions of this Title, with some variations, are taken from 1 R. L., ART. 3. recover S2. Every person who shall pay, deliver, or deposit any Excess may money, property, or thing in action, over and above the rate bec aforesaid, and his personal representatives may, within one year after such payment, delivery or deposit, sue for and recover the same of the person so taking or receiving such money, property, or thing in action, or of his personal representatives. seers of recover $ 3. In case such suit shall not be brought within the time when overabove prescribed, in good faith, or in case it shall be discon- poor may tinued, or wilfully delayed, then the overseers of the poor excess. of the city or town where the offence was committed, may, within one year after such neglect, discontinuance, or delay, sue for and recover the money, property, or thing in action, so received, delivered, or deposited, from the person receiving the same, or his personal representatives, for the use of the poor of the county. &c., com [710] S4. Every person who shall be liable to be sued by virtue Discovery, of the foregoing provisions, shall be obliged and compellable pelled to answer upon oath, any bill that shall be preferred against him in the court of chancery, for discovering the money, property or thing in action so illegally received, and may be compelled by the decree of such court to return the same. $5. Upon the discovery of the money, property, or other &c, to ex thing so illegally received, and the repayment and return onerate thereof, with the payment of the costs of such suit, the person ther penmaking such discovery and return shall be acquitted and discharged from any other punishment, forfeiture or penalty, which he may have incurred by reason of having so illegally received such money, property, or other thing so discovered and returned. from fur alty. ARTICLE SECOND. OF STOCK-JOBBING. Sec. 6, 7, 8, constituting the whole of this article repealed by Laws of 1858, ch. 134. ARTICLE THIRD. OF PAWNBROKERS. SEC. 9. Pawnbroking for more than legal interest, unless licensed, prohibited. 10. When search warrant to issue for property pledged with pawnbroker. 11. Powers of constable in executing such warrant. [711] 12. Property seized to be restored, or delivered to claimant on giving bond. 13. Penalty and condition of bond to be given by claimant. $9. No person shall carry on the business of a pawnbroker, Pawnbroby receiving goods in pledge for loans at any rate of interest in pro king |