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.t [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 This act is not repealed in terms. Whether it is not repealed by implication.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, 81.]

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

+885 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 beard 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 shall 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 amended by act approved June 30, 1885. In force July 1 1885. L, 1885,

p.

[As

*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 a nount 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. SeeCriminal 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.

*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 ainong domestic animals. [Ap proved June 27, 1885. In force July 1, 1885. Laws 1885, p. 1.j

*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 in fected 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

any way from the places quarantined. In all such cases of contagious and infectious diseases, the said board, or, in case the number of animals shall not exceed five, any member thereof, shall have power to order the slaughter of all such diseased and exposed animals. The said board shall have power to cause to be destroyed all barns, stables, premises, fixtures, furniture and personal property infected with any such contagious or infectious disease, so far as in their judgment may be necessary to prevent the spread of such disease, and where the same cannot be properly disinfected. When the board, upon the written report of the State veterinarian, or any of his assistants, determine that any animal is affected with, or has been exposed to, any dangerously contagious or infectious disease, the board, or any member thereof, may agree with the owner upon the value of such animal or property, and in case such agreement cannot be made, said board, or the member acting in behalf of the board, may appoint three disinterested citizens of the State to appraise such diseased animal or exposed animals or property. Such appraisers shall subscribe to an oath in writing to fairly value such animal in accordance with the requirements of this act; which oath, together with the valuation fixed by said appraisers, shall be filed with the board, and be preserved by them. Upon such appraisement being made, it shall become the duty of the owner to inmediately destroy such animals and dispose of the same in accordance with the order of said board, or member thereof, and upon failure to so do, said board, or member thereof, shall cause such animal or animals or property to be destroyed and disposed of, and thereupon the said owner shall forfeit all right to receive the compensation allowed by said appraisers and provided for by this act. When the board, upon the written opinion of the State veterinarian, determines that any barns, stables, out buildings or premises are so infected that the same cannot be disinfected, they may quarantine such barns, stables, outbuildings or premises from use for the animals that may be infected by such use, and such quarantine shall continue until removed by the board, and a violation of such quarantine shall be punished as is provided for violations of other quarantine by this act. [As amended June 15, 1887; Laws 1887, p. 13.

*40. Appointment of veterinary surgeon -- salary of. §3. The governor shall appoint a competent veterinary surgeon, who shall be known as the State veterinarian, who, together with his assistants, shall act under the direction of said board in carrying out the provisions of this act. In the event of the inability of the said State veterinarian to perform all the work which he may be directed to do by said board of commissioners, he may, by and with the advice and consent of said board, appoint such other assistant veterinarians upon terms not exceeding that paid the State veterinarian. The State veterinarian shall receive for his services the sum of eight dollars per day for each day actually employed under the provisions of this act, together with his necessary traveling expenses, to be certified to by said board of commissioners.

41. Quarantine. § 4. Whenever said board of commissioners shall report to the governor that such diseases have become epidemic