CHAP. 391.-An ACT providing against the mischief of mad dogs." (Passed January 20th, 1829.) der dogs bitten by concealing such 1. Be it enacted by the general assembly, That any magistrate, Magistrates to orhaving sufficient proof that any dog has been bitten by a mag dog, mad dogs, to be may, and he is hereby required to order the same to be killed by a killed. constable, or any other person: and, if the owner of any such dog Fine on owner or dogs, shall conceal the same, or cause the same to be concealed, dog so that the order of the magistrate cannot be executed, such owner shall be liable to a fine of two dollars on each dog, for every day such dog or dogs shall remain concealed; which fine shall be reco- How recovered. vered by warrant before a magistrate, and applied to lessening the county levy. 2. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 392.-An ACT to amend an act, entitled, "an act to reduce into one act the several acts of assembly allowing a reward for killing wolves," passed February the ninth, eighteen hundred and nineteen.t (Passed December 22, 1820.) thorized to allow for killing wolves. 1. Be it enacted by the general assembly, That it shall be lawful County courts of Wythe, Montgofor the county courts of Wythe, Montgomery, Washington and mery, Washington Tazewell, in their respective counties, whenever it may be thought and Tazewell, auexpedient to do so, a majority of the acting magistrates concurring, certain rewards to allow a reward, not exceeding five dollars, for every wolf above the age of six months, and for every wolf under the age of six months, to be adjudged by the justice before whom the scalp or scalps shall be produced, a sum not exceeding two dollars and fifty cents, to be levied and paid in like manner as the rewards now allowed by law in said counties for killing wolves are levied and paid; the party or parties, entitled thereto, producing a certificate or certificates thereof, obtained in the manner required by the act, entitled, "an act to reduce into one act the several acts of assembly allowing a reward for killing wolves," passed February the ninth, eighteen hundred and nineteen. Pendleton and ward. 2. Be it further enacted, That it shall be lawful for the county County courts of courts of Pendleton and Rockingham, in their respective counties, Rockingham, may whenever it may be thought expedient to do so, a majority of the increase the reacting magistrates concurring therein, to increase the reward now allowed by law for killing old or young wolves, to such amount, not exceeding twelve dollars, as, in their opinion, the necessity of the case may require, to be levied and paid in like manner as the rewards now allowed by law in said counties for killing wolves are levied and paid. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 393. An ACT to amend the act, entitled, "an act to reduce into one act the several acts of assembly allowing a reward for killing wolves." (Passed February 5th, 1822.) 1. Be it enacted by the general assembly, That it shall hereafter Monongalia counbe lawful for the county court of Monongalia, whenever it may be of (chema *Acts 1828-9, ch. 23, p. 26. Acts 1819-20, ch. 38, p. 37. pp. 317-318. See, also, § 3. From 2 Rev. Code 1819, ch. 258, p. 317. Acts 1821-2, ch. 43, p. 37. See 2 Rev. Code 1819, ch. 259, § 1, pp. 317-318. jority of acting magistrates con 500 crease the reward WOLVES.-CROWS. curring,) may in- thought expedient to do so, a majority of the acting magistrates confor killing wolves. Curring therein, to increase the reward, now allowed by law for killTo what amount. ing wolves, to such amount, (not exceeding eight dollars for each wolf above the age of six months, and four dollars for each wolf under that age,) as, in the opinion of the court, the necessity of the case may require; to be paid as heretofore prescribed by law; any act or acts to the contrary notwithstanding. Commencem^nt. Reward for killing shire, Bath and Hardy. 2. This act shall be in force from the passing thereof. CHAP. 394.-An ACT to amend an act, entitled, "an act to amend an act, en titled, an act reducing into one act the several acts of assembly allowing a reward for killing wolves, as respects the counties of Hampshire, Bath and Hardy," passed January 10th, 1826.* (Passed January 2d, 1827.) 1. Be it enacted by the general assembly, That hereafter it shall wolves in Hamp. be lawful for the county courts of Hampshire, Bath and Hardy, to allow and pay to any person or persons, a reward of not less than six, nor more than twenty dollars for killing or destroying any old wolf within said counties; and not less than three, nor more than ten dollars, for killing or destroying any wolf under the age of six months; to be adjudged by the justice of the peace before whom the scalp or scalps shall be produced, certified and paid according to the regulations in every respect, as prescribed by the act, entitled, an act to reduce into one act the several acts of assembly allowing a reward for killing wolves," passed February the ninth, eighteen hundred and nineteen. Regulations. Repealing clause. Commencement. Reward for killing crows. Fund for this purpose, how raised. 66 2. Be it further enacted, That all acts and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 395.-An ACT to encourage the killing of crows within certain counties.t [Passed February 10th, 1826.] 1. Be it enacted by the general assembly, That the county court for the counties of Fairfax, Isle of Wight, Southampton, Surry and Prince William, shall be, and they are hereby authorized, whenever they may deem it expedient, to allow a premium or reward for killing crows, not exceeding eight cents for every crow killed within the said counties, a majority of the acting justices of the said counties being present at the respective court-houses of their county, or having been summoned for that purpose under a previous order of court. 2. Be it further enacted, That the fund for this purpose shall be raised by a levy upon the said counties; and the said levy shall be -collected, accounted for and paid in the same manner, and under *Acts 1826-7, ch. 35, p. 33. The act to which this act is an amendment is omitted, it being entirely repealed by this act. It simply repealed so much of the revised act as prohibited the courts of the specified counties from allowing a reward of twelve dollars for each wolf's scalp. See acts 1825-6, ch. 39, p. 38. See, also, 2 Rev. Code 1819, ch. 259, pp. 317-319. + Acts 1825-6, ch. 38, p. 37. The provisions of this act are extended to a large number of counties, post. ch. 396, and afterwards made general, post. ch. 397. the same penalties, by the sheriffs of said counties, as other county levies now authorized by law. (a) 3. Be it further enacted, That any person or persons claiming Evidence to be the premium or reward aforesaid, shall, every two months or oftener, produced by person claiming reproduce before a justice of the peace for the county, authorized by ward. this act to allow the reward or premium aforesaid, wherein the crows may have been killed, all the scalps or heads of the crows, which he or they may have killed or caused to have been killed, and shall take and subscribe the following oath, to wit: I, A. B. of the Oath. county of do swear, (or affirm,) that all the crows from which the scalps or heads were taken, and now produced before C. -D. justice of the peace for the county of E. were killed within the said county of E.; whereupon the said justice, administering the oath, shall certify the same, and shall cause all the scalps or heads Certificate by jusof crows so produced before him to be forthwith destroyed, and tice of peace. shall grant to the person or persons so qualifying, a certificate, (directed to the court of the county whereof he is a justice,) of the number of scalps or heads so produced before him, and certifying also, that he or they have taken and subscribed the oath aforesaid; and thereupon the court shall cause an order to be entered of record, directing him or them to be paid accordingly, out of the fund aforesaid. any order allow. 4. Be it further enacted, That the courts of the counties afore- Courts may resaid, or any one of them, may, whenever they may deem it proper, scind, alter, &c. cause an order to be made and entered of record, (a majority of ing reward. the acting justices being present, or having been summoned for that purpose, by a previous order of court,) suspending, altering or rescinding any previous order for allowing a reward or premium for killing crows, made under the authority of this act. 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 396.-An ACT to amend an act, entitled, "an act to encourage the killing of crows in certain counties." (Passed January 2d, 1827.) crows extended to of act of 1825-6. 1. Be it enacted by the general assembly, That the provisions of Reward for killing an act entitled, an act to encourage the killing of crows within certain counties certain counties," passed February the tenth, eighteen hundred and under provisions twenty-six, shall be, and the same are hereby enacted and declared to be in full force and operation in relation to the counties of King George, Westmoreland, Richmond, Northumberland, Lancaster, Essex, New Kent, Elizabeth City, York, James City, Matthews, Caroline, Northampton, Accomac and Middlesex; and the county courts of said counties are hereby authorized and empowered to allow a premium or reward for killing crows within their respective jurisdictions, in like manner, and under like limitations prescribed by the above recited act with respect to the counties therein mentioned. 2. This act shall commence and be in force from and after the Commencement. passing thereof. (a) See 2 Rev. Code 1819, ch. 191, pp. 62, 66. Acts 1826-7, ch. 34, p. 32. See ante. ch. 395. Provisions of act 1826, extended to all the counties. CHAP. 397.-An ACT extending the operation of the act, entitled, "an act to encourage the killing of crows within certain counties.' (Passed January 5th, 1828.) 1. Be it enacted by the general assembly, That the provisions of of 10th February, the act, entitled, an act to encourage the killing of crows within certain counties," passed the tenth day of February, eighteen hundred and twenty-six, may be extended and applied to any county or counties within this commonwealth, whensoever the court of any such county, proceeding in the manner prescribed by the said act, shall deem it expedient to give effect to the said act in their county. 2. This act shall be in force from its passage. Commencement. County courts au reward for killing red foxes. CHAP. 398.-An ACT allowing a reward for killing red foxes.t 1. Be it enacted by the general assembly, That it shall be lawful thorized to allow a for the several county courts of this commonwealth, each to allow such reward for killing red foxes, as in the opinion of a majority of the acting magistrates of said counties, the necessities of the case may require, to be levied and paid in their respective counties in like manner as other county charges are levied and paid; the party and parties, entitled thereto, producing a certificate thereof, to the court laying the county levy, obtained in the manner required by this act: Provided always, That no more than one dollar and fifty cents shall be allowed for the scalp of an old red fox, and seventyfive cents for the scalp of one under six months old, as the case may be. Amount of reward. Evidence to be Oath. tice of peace. 2. Every person claiming any of the above rewards shall proproduced by per- duce the skin of the head with the ears thereon, of every red fox to Bon claiming. a justice of the peace of the county in which the same shall have been killed, and shall then also, before the same justice, make oath or affirmation, to the effect following, that is to say: "I, A. B. do swear, that the scalp or scalps, (as the case may be,) by me now produced, was or were taken from a red fox or red foxes, caught and Certificate by jus- killed by me in the county of So help me God." And thereupon the justice shall grant to the red fox killer, a certificate reciting his name, the number of scalps produced, and the age, whether they were old red foxes, or such in his opinion appear not to exceed six months old, the time and place, when and where killed, and that oath or affirmation, or other sufficient proof thereof hath been made before him; which being produced to the court laying the levies of the said counties, shall entitle the party, or par Duty of justice. ties therein mentioned, to the reward herein above specified: Provided always, That every justice of the peace shall cause the ears of all red fox scalps brought before him, to be cut off in his presence, and he shall not grant a certificate for any red fox scalp without ears. Commencement. 3. This act shall be in force from its passage. Acts 1827-8, ch. 79, p. 50. See ante. ch. 395, 396. † Acts 1830-31, ch. 48, p. 116. CHAP. 399.-An ACT to amend the act, entitled, "an act to prevent the killing of deer within certain periods," passed January sixteenth, eighteen hundred and one.* (Passed March 3d, 1831.) deer within certain 1. Be it enacted by the general assembly, That if any person or Penalty for killing persons within this commonwealth, by shooting, trapping, hunting, periods. ranging, driving with dogs or otherwise, shall kill or destroy one or more deer, the same not being his own, (tamed,) between the first days of January and September, in any year, he or they so offending shall be subject to the penalties imposed by the act, entitled, an act to prevent the killing of deer within certain periods annually," passed January the sixteenth, eighteen hundred and one: Provided, That nothing herein contained shall be so construed as Act not to extend to extend to the counties west of the Blue Ridge of mountains. 2. This act shall be in force from its passage. CHAP. 400.-An ACT providing for the preservation of fish and wild fowl in the waters of the Potowmac river, and its tributary streams.t [Passed March 3d, 1832.] beyond Blue Ridge. Commencement. the passage of fish on waters of Po hibited. 1. Be it enacted by the general assembly, That if any person Obstructions to shall hereafter erect or fix, or cause to be erected or fixed, in any of the tide water courses within this commonwealth, which are con- towmac river, pronected with the Potowmac river, or in the Potowmac itself, below the head of tide water, any gill net, seine, or other obstruction, which may prevent the passage of fish to such extent as will injure the fisheries on said waters, every person so offending, and being thereof convicted before a magistrate of any county adjoining the water course in which the offence has been committed, shall forthwith pay Fine and imprisonthe sum of twenty dollars; and he shall moreover be deemed guilty of a nuisance, and the magistrate shall cause the obstruction to be abated. And in case the offender shall fail to pay the fine aforesaid, he shall be committed by said magistrate to the public jail of the county, there to remain for thirty days, unless the said fine of twenty dollars be sooner discharged; one-half of which shall go to the commonwealth, for the use of the literary fund, and the other half to the informer. ment. 2. And be it further enacted, That no person shall hereafter Penalty for improshoot at wild fowl during the night time, with a gun of any descrip- wild fowl. perly destroying tion, unless it be from the land; nor shall any person at any time, either in the day or in the night, shoot any description of gun from skiffs or other boats, which may not conveniently be discharged from the shoulder at arms length without a rest and any person being convicted of a violation of this act, before any magistrate of any county adjoining the water course in which the offence may be committed, shall forthwith surrender his gun to the magistrate, who shall cause it to be sold, and the proceeds to be disposed of in the manner prescribed for the fine in the first section of this act; and in case of refusal by the offender to surrender his gun as required, it shall be the duty of the magistrate to commit said offender to the public jail of the county, there to remain for thirty days, unless such surrender be sooner made. 3. This act shall commence and be in force from and after the Commencement. *Acts 1830-31, ch. 46, p. 116. See 2 Rev. Code 1819, ch. 256, pp. 315, 316. Acts 1831-2, ch. 80, p. 70. |