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CHAPTER 13.

(Senate Bill No. 16.)

AN ACT to amend and re-enact section two of chapter forty-two,

and to repeal section forty-eight-a, of chapter fifty-four of the code of eighteen hundred and ninety-nine, relating to public uses for which private property and public highways may be taken or damaged.

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Be it enacted by the Legislature of West l'irginia:

That section two of chapter forty-two of the code of eighteen hundred and ninety-nine be and the same is hereby amended and re-enacted so as to read as follows:

Sec. 2. The public uses for which private property may be taken or damaged, are as follows:

First. For the construction of railroads, canals, turnpike roads, county roads, public landings, bridges and public streets and alleys, and all other roads and internal improvements for public use.

Second. For incorporated companies of which the state is sole or part owner.

Third. For court houses and other public buildings for the use of a county or municipal corporation.

Fourth. For cemetery associations and for other cemeteries; provided, that the property to be taken for such other cemeteries adjoins the land upon which a church or another cemetery is located.

Fifth. For companies organized for the purpose of transporting carbon oil or natural gas or both, or water, by means of pipes or otherwise, when for publie uise.

Sirth. For telegraph and telephone companies and electric power, heat, light and traction companies, when for publie use. That telephone and electric ligh, heat, traction and power companies de siring to extend their lines in this state may place poles and wires along any county road, by and with the consent of the county court through which such lines may pass; provided, that all such poles and wires shall be placed and erected so as not in any way to inter

fere with the public use of such road or with any fruit or shade trees or with any private property; and provided, further, that when any such company desires to erect its poles along any street of any incorporated city, town or village, the consent of the council of such city, town or village shall first be obtained.

Provided, that any power company using or occupying any highway under this act, shall furnish to any person, company or corporation, along, upon or near its line or lines desiring the same, every kind of service at the minimum charge for like services charged to any other person, company or corporation for like service, and upon the same terms, if amount of power consumed and conditions and expenses to such power company be the same; should at any time the power generated by any power company be insufficient to furnish all persons, companies and corporations the amount of power desired, such power company shall first serve municipal corporations having contract therefor; second, persons, companies or corporations engaged in manufacture or transportation; and third, individual customers.

Any violation of any provisions of this clause shall work a forfeiture of all rights acquired under it.

Seventh. For public school houses and all other purposes of public utility which now are or may be prescribed by law.

Eighth. By any city, town or village, or company, now incorporated or hereafter incorporated under the laws of this state for the purpose of establishing water works for public use, to acquire any land necessary for the construction of reservoirs, dams, cisterns, and other water works which may be necessary for its purposes and land and right of way for which pipes, conduits for the conveyance of water and so much water from any springs, rivers and creeks as may be necessary for its purposes, and any water rights and easements therein, and such land, water rights and easements as may be necessary to protect, preserve, and maintain the purity of the springs or water so acquired.

That the county courts, as to public roads, and the council of any municipal corporation, as- to streets and alleys, in their respective jurisdiction, may, subject to such regulations and restrictions as they may prescribe, grant to such company the right of way to lay pipes and conduits in such public roads, streets and alleys.

Ninth. By the Government of the United States, for the pur

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pose of erecting thereon light houses, signal stations, beacons, locks, dams, works for improving navigation, post offices, custom houses, court houses or any other needful public structure or work of improvement whatever, subject to provisions of chapter one of the code; but no land shall be taken for cemetery purposes which lies within four hundred yards of a dwelling house, unless to extend the limits of a cemetery already located, and then only so that such limits shall not be extended nearer to any dwelling house which is within four hundred yards. But this act shall not be construed to interfere with the power of municipal corporations to enact and enforce such ordinances as may be necessary to protect the lives and property of citizens from the effects of explosions of carbon oil or natural gas.

Sec. 48-a. Of chapter fifty-four of the code is hereby repealed.

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AN ACT, to amend and re-enact sections seven, eight, nine

nine-a-1, nine-a-2, nine-a-3 and nine-a-4, and to repeal sections nine-a-10 and nine-a-11; all of chapter sixty-two of the code of one thousand eight hundred and ninety-nine relating to the protection of sheep, lambs, goats and kids from chasing, worrying and killing by dogs, the taxing and making personal property of dogs, and their protection as such.

[Passed March 4, 1907. In effect ninety days from passage. Became a law with.

out the approval of the Governor.]

SEC.
7. Any person may

kill any dog ;
when ; unless, etc.
8. Owner of dog llable to owner of

sheep, etc., killed; amount of
damage sustained; how recoy-
ered ; no compensation from
county court; if compensation
is obtained from county court;
court may recover by suit, same
as owner of sheep might have
done; penalty for harboring or
secreting dog which has killed
. sheep, etc.
Duty of owner or keeper of dog

that has been worrying or kill-
ing sheep; if owner refuse to
kill dog; cost of proceedings;

owner of dog liable, etc.
Oa. (1) Duty of assessor as to listing

SEC.

dogs; compensation; when dog deemed property; penalty for unlawful killing, etc., dogs; right of action in damages; killing of vicious or dangerous

dogs. 9a. (2) County court to levy per cap

ita tax on dogs ; amount of tax. da. (3) Per capita tax; how collected

and accounted for; compensation of sherifr : surplus arising from moneys accruing to be ap

plied to general road fund. 9a. (4)Delinquent list for non

payment of per capita dog tål to be delivered to constable; duty of constable upon receiving such list; compensation; certain sections of code repealed.

Be it enacted by the Legislature of West Virginia:

That sections seven, eight, nine, nine-a-1, nine-a-2, nine-a-3 and nine-a-4 of chapter sixty-two of the code of West Virginia of one thousand eight hundred and ninety-nine be amended and re-enacted so as to read as follows: Sec. 7. Any person may kill any dog that he may see chasing,

. worrying, wounding or killing any sheep, lambs, goats or kids outside of the enclosure of the owner of such dog, unless the same be done by the direction of the owner of such sheep, lambs, goats

or kids.

Sec. 8. If any dag shall have killed or assisted in killing,

. wounding or worrying any sheep, lambs, goats or kids out of the enclosure of the owner of such dog, the owner or keeper of such dog shall be liable to the owner of such sheep, lambs, goats or kids in the amount of the damages sustained, to be recovered in action before any court or justice having jurisdiction of such action; and it shall not be necessary to sustain in such action, to prove that the owner or keeper of such dog, knew such dog was accustomed to do such worrying, killing or wounding; but a recovery under this section shall bar and preclude the owner of such sheep, lambs, goats or kids from obtaining compensation from the county court, and when compensation is obtained from the county court under any law which is now or may hereafter be in force, then the county wherein the payment is made, is authorized to sue under this section, and recover as the owner of the sheep, lambs, goats or kids, might have done, and the amount so recovered shall be paid into the county treasury; but no suit shall be commenced unless authorized by the county court. Any person who shall harbor or secrete or aid in secreting any dog which he knows or has reason to believe has worried, chased or killed any sheep, lambs, goats or kids, not the property of the owner of such dog, out of his enclosure, or knowingly permits the same to be done on any premises under his control, shall be guilty of a misdemeanor, and upon conviction thereof before any court or justice having jurisdiction thereof, in the county in which the offense is committed, be fined not less than ten dollars nor more than fifty dollars, and at the discretion of the court or justice, imprisoned in the county jail not more than thirty days; and each day that such dog is harbored, kept or secreted, shall constitute a separate offense. Sec. 9. The owner or keeper of any dog that has been worrying, wounding, chasing or killing any sheep, lambs, goats or kids, not the property of such owner or keeper, out of his enclosure shall, within forty-eight hours after having received notice thereof in writing from reliable and trusty source, under oath, cause such dog to be killed; if the owner or keeper refuse to kill said dog as hereinbefore provided, any justice of the peace upon information, shall summon the owner or keeper of said dog, and after receiving satisfactory proof that his dog did the mischief, shall issue a warrant on application being made by the owner of the sheep, lambs, goats or kids killed, and give it into the hands of the constable, special constable or sheriff, who shall kill the dog forthwith; the cost of said proceedings shall be paid by the owner of the dog so killed, including a fee of fifty cents to the officer killing the said dog; the owner of said dog so killed, shall in addition to the costs, be liable to the owner of the sheep, lambs, goats or kids, or to the county court for the value of the sheep, lambs, goats or kids so killed or injured. Sec. 9a-1. That it shall be the duty of every assessor, annually.

. . to list all dogs over four weeks old owned or kept within his district, particularly noting the number owned or kept about any one house, giving such description of each as he can conveniently obtain, distinguishing between males and females, and for this purpose he may examine on oath any person found in his district; the fact that any dog is kept or allowed to remain about any house shall be deemed sufficient evidence to authorize the assessor to return the person inhabiting said house as the owner of such dog; such list shall be returned by the assessor to the clerk of the county court of his county, on or before the time fixed for levying the county levy in each year; the assessor shall receive as compensation the sum of ten cents for each dog so listed.

That it shall be lawful, if he so choose, for the owner of any dog to have the same listed by the county assessor of any county in this state, the same as all other personal property is listed and taxed; and when the owner of any such dog shall have paid the taxes assessed against the same, such dog shall be deemed property in the meaning of the law.

Any person who shall wilfully, unlawfully or maliciously steal, poison, wound or kill any such dog or dogs, shall upon conviction be punished as provided by law for stealing, poisoning, wounding or

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