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An Act to make owners of dogs liable for sheep killed by them. 1859 826 (1859)

handle is hein.slavery/ssactssc0432 and id is 1 raw text is: STATUTES AT LARGE A. D. 159. II. That every such action shall be for the benefit of the wife, husband, parent and children of the person whose death shall have been so caused, For whose bon- efit. and shall be brought by, or in the name of the Executor or Administrator of such person, and in every such action, the jury may give such damages as they may think proportioned to the injury resulting from such death, to the parties respectively for whom, and for whose benefit such action shall be brought, and the amount so recovered shall be divided among the before mentioned parties in such shares as they would have been entitled to if the deceased had died intestate, and the amount recovered had been personal assets of his or her estate: Provided, That in all actions brought under this Act, the Executor or Administrator, Plaintiffs in the action, shall be liable Costs. to costs, in case there be a verdict for the Defendant, or non-suit, or discon- tinuance, out of the goods, chattels and lands of the Testator or Intestate if any, and if none, then out of the proper goods and chattels of such Executor and Administrator: and Provided, further, That the action be brought wihin two years from the death of such person. III. That the provisions of this Act shall not apply to any case, where the person injured has for such injury brought action, whieh has proceeded to trial, and final judgment, before his or her death. In tho Senate House, the twenty-second day of December, in the year of our Lord, one thousand eight hundred and fifty-nino, and in the eighty-fourth year of the sovereignty and independence of the United States of America. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. No. 4481. AN ACT TO MAKE OWNERS OF Dos LIABLE FOR SHEEP KILLED BY THEM. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and after the passing of this Act, the owner of any dog, or person hav- ownernosons ing in his care or keeping any dog, or person upon whose premises any dog may be kept by his or her slave, shall be liable to pay to the party injured, double the value of all sheep that may be killed or injured by such dog, to be recovered by action of trospass on the case, at the suit of the party injured, in any court having competent jurisdiction. 826

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