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Pol. Code $$ 2956, 2957. o Utah, Comp. Laws 1907, $$ 70, 71. o Wisconsin, Stats. 1898 (San. & Ber. Ann.), $$ 1619-1622. p Wyoming, Rev. Stats. 1899, § 2014.

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al Arkansas, $7892. Any person persons owning or having in possession or under control any dog, shall be liable in damages to the owner or owners of any sheep killed or injured by such dog in the full value of such sheep killed or injured.

a2 Arkansas, $ 7893. Any person or persons engaged in sheep-raising or owning any sheep, who shall sustain any loss or damage to his or their sheep by any dog, shall have a right of action against the owner or owners, possessor or possessors, controller or controllers of such dog in the manner hereinafter provided.

a3 Arkansas, $ 7894. The person or persons sustaining loss or damage as mentioned in the preceding section, and desiring remuneration therefor, may go before some justice of the peace of the county wherein the loss or damage occurred, and make oath of the character of the loss or damage sustained, the value of the same, the dog or dogs, and the owner, possessor or controller of the same, and file the same with such justice, who shall issue a summons stating the nature of the plaintiff's claim, the amount claimed and the cost accrued, which shall be served and returned as in ordinary actions.

a4 Arkansas, $ 7895. If the defendant shall pay to the officer serving the summons the amount of damages claimed, and the costs indorsed, and a further fee to the officer of twenty-five cents for making the return, said summons shall be returned satisfied, and no further proceedings had. If the defendant fail, neglect or refuse to pay the same, the justice shall try the cause as in other ordinary actions, and give judgment in favor of plaintiff for the amount of damage proven in the cause, which the defendant or defendants may be liable by the provisions of this act.

25 Arkansas, $ 7896. In a second suit and recovery by any plaintiff against the same defendant, on account of killing or injury done by the same dog, the justice shall render judgment for double the amount of damages proven. b Colorado,

$ 6387. Any dogs found running, worrying or injuring sheep or

cattle, may be killed, and the owner or harborer of such dog shall be liable for all damages done by it.

c Hawaii, $ 439. If any dog shall injure or destroy any sheep or cattle, goats, hogs, fowls, or other property belonging to any person other than the owner of such dog, the owner shall be liable in damages to the person injured, for the value of the property so injured or destroyed; and it shall be the duty of the owner to confine or destroy such dog, and if he neglect or refuse to do so, he shall, in the event of any further damage being done to the person or property of any person by such dog, in addition to paying the person injured for such damage, pay the costs of the trial, together with a fine of ten dollars, or in default of the payment of such fine, be imprisoned at hard labor for the term of thirty days, and it shall be lawful for any other person to destroy said dog.

a Idaho, $ 1220, substantially same as Cal. Civ. Code $ 3341, except in line 3 of the opening and at the end of sub. 1, omit “or poultry''; also in sub. 2, in lines 1 and 5, omit “or other animal" after "dogs.”

e lowa, $ 2340. It shall be lawful for any person to kill any dog caught in the act of worrying, maiming or killing any sheep or lamb, or other domestic animal, or any dog attacking or attempting to bite any person, and the owner shall be liable to the party injured for all damages done, except when the party is doing an unlawful act. The provisions of this section shall not apply to any damage done by a dog affected with hydrophobia. (Amended April 13, 1904, Sup. 1907.)

fi Kansas, $ 8114. If any dog shall kill or injure any sheep, the owner or keeper of such dog shall be liable for all damages that may be sustained thereby, to be recovered by the party so injured before any court having competent jurisdiction.

12 Kansas, $ $115. It shall be lawful for any person at any time to kill any dog which may be found worrying or injuring sheep.

g1 Minnesota, $ 2786. The owner or keeper of any dog that shall kill, wound, or worry any domestic animal shall be liable to the owner thereof for the value of such animal, without proving notice to such owner or keeper, or knowledge by him, that such dog was mischievous or disposed to kill or worry such animals.

g? Minnesota, $ 2788. Any person may kill any dog found injuring or worrying sheep, and any owner of sheep may kill any dog found on his premises where sheep are kept, not under the restraint or control of his owner or other person.

hi Missouri, $ 6975. In every case where sheep or other domestic animals are killed or maimed by dogs, the owner of such animals may recover against the owner or keeper of such dog or dogs the full amount of damages, and the owner shall forthwith kill such dog or dogs; and for every day he shall refuse or neglect to do so, after notice, he shall pay and forfeit the sum of one dollar, and it shall be lawful for any person to kill such dog or dogs.

h2 Missouri, $ 6976. If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs: Provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.

i Nebraska, $ 542. That dogs are hereby declared to be personal property for all intents and purposes and the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue to any person, firm or corporation by reason of such dog or dogs killing, wounding, worrying, or chasing any sheep or other domestic animal belonging to such other person, firm or corporation and such damage (may] be recovered from [in] any court having jurisdiction of the amount claimed.

i New Mexico, Laws 1901, p. 198, $ 2. If any dog shall kill or injure any sheep, the owner or keeper of such dog shall be liable for all damages that may be sustained thereby, to be recovered by the party so injured before any court having competent jurisdiction, and it

shall be unlawful to keep such dog after it is known that the dog is liable to kill sheep, but it shall be the duty of the owner to kill the same. (Enacted March 21, 1901.)

ki North Dakota, $ 1957. If any person shall discover any dog in the act of killing, wounding, or chasing sheep in this state, or shall discover any dog under such circumstances as satisfactorily to show that it has been recently engaged in killing or chasing sheep, such person is authorized immediately to pursue and kill such dog.

k2 North Dakota, $ 1958. The owner of ary dog shall be liable in a civil action for all damages that may accrue to any person by reason of such dog's killing, wounding or chasing any sheep or other domestic animal belonging to such person.

11 Oregon, $ 4198. The owner of any dog shall be liable for all damages that may accrue to any person or persons in this state by reason of such dog killing, wounding, or chasing any sheep or other domestic animal belonging to such other person or persons, the same to be recov. ered in an action for debt before any court having jurisdiction.

12 Oregon, $ 4199. If any person shall discover any dog in the act of killing, wounding, or chasing any sheep or other domestic animals in any portion of this state, or shall discover any dog under such circumstances as to satisfactorily show that such dog has been recently engaged in killing or chasing sheep or other domestic animals for the purpose of killing them, such person is authorized to immediately pursue and kill such dog.

mi South Dakota, Pol. C. 2956. Any person keeping, owning or harboring a dog that shall chase, worry or kill horses, mules, cattle or sheep, shall be liable for all damages committed by such dog upon any horses, mules, cattle or sheep, to the owner or owners of such horses, mules, cattle or sheep, and shall not be entitled to any benefit from the laws exempting property from execution, but all property shall be subject to execution and judgment for such damages and costs.

m2 South Dakota, Pol. C. $2957. It shall be lawful for any person to kill any dog off the premises of the owner of such dog found chasing or worrying sheep.

ni Utah, $ 70. Every person owning or keeping a dog shall be liable in damages for any injurious act committed by such dog; and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition, or that the owner or keeper thereof knew that it was vicious or mischievous.

n2 Utah, $ 71. Where any injury has been committed by two or more dogs acting together, and such dogs are owned or kept by different persons, all such persons may be joined as defendants in the same action to recover damages therefor, and the amount found by the court or jury for such injury shall be apportioned among the several defendants found liable, and judgment entered severally against them for the amount so apportioned.

01 Wisconsin, $ 1619. Any person may kill any dog, that he knows is affected with the disease known as hydrophobia, or that may suddenly assault him while he is peacefully walking or riding and while being out of the enclosure or immediate care of its owner or keeper, and may kill any dog before its return to the enclosure or immediate care of its owner or keeper which shall be found killing, wounding or worrying any horses, cattie, sheep, lambs or other domestic animals. (Amended 1903, Sup. 3, p. 722.)

02 Wisconsin, $ 1620. The keeper of any dog which shall have injured or caused the injury of any person or property or killed, wounded or worried any horses, cattle, sheep or lambs shall be liable to the person so injured and the owner of such animals for all damages so done, without proving notice to the owner or keeper of such dog or knowledge by him that his dog was mis

chievous or disposed to kill, wound or worry horses, cattle, sheep or lambs.

03 Wisconsin, $ 1621. If any dog shall worry, wound or kill any horses, cattle, sheep or lambs, and the person owning or harboring such dog shall not keep such dog confined after being notified of such worrying, wounding or killing, such owner or keeper shall be liable to pay damage in double the value

of any horses, cattle, sheep or lambs which may be thereafter killed or injured by such dog, to be recovered in an action by the owner of such animals; and any person may kill any such dog if found out of the enclosure or immediate care of its owner or keeper after the twenty-four hours from the time of such notice.

04 Wisconsin, $ 1622. Any person suffering personal injury by any dog in the manner set forth in the first section of this chapter may give notice to the owner or keeper of the act done, and if after such notice such dog shall injure any person, or wound or kill any horses, cattle, sheep or lambs, or do any other mischief or injury the owner or keeper shall be liable to pay to the person injured thereby treble damages.

p Wyoming, $ 2014. Dogs running livestock against the wish of the owner of such livestock, may be killed in cases where the livestock has been injured or is threatened with injury thereby; and the person killing any such dog shall not be liable to the owner thereof where the vicious chracter of the dog, or the damage or danger of damage, is shown; provided, however, that when livestock is trespassing upon property, the owner thereof may use dogs to drive and keep off livestock from said property.

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§ 446. PENAL DAMAGES.

Exemplary or punitive damages. California, § 3294. In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. (Kerr's Cyc. Civ. Code.)

The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown:

a Colorado, Rev. Stats. 1908, § 2067. b Montana, Rev. Codes 1907, $ 6047. c North Dakota, Rev. Codes 1905, § 6562. a Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2729; Comp. Laws 1909 (Snyd r), $ 2887. e South Dakota, Rev. Codes 1903, C. C. $ 2292.

a Colorado, $ 2067. That in all civil b Montana, 8 6047, substantially same actions in which damages shall be as- as Cal. Civ. Code § 3294, except in line 3 sessed by a jury for a wrong done to the after “malice" change “express or imperson, or to personal or real property, plied, the plaintiff," to "actual or preand the injury complained of shall have sumed, the jury''; also in line 4 after been attended by circumstances of fraud, "may" change "recover" to "give." malice or insult, or a wanton and reck- c North Dakota, $ 6562, substantially less disregard of the injured party's same as Montana $ 6047. rights and feelings, such jury may, in a Oklahoma, $ 2729, same as Montana addition to the actual damages sus- $ 6047. tained by such party, award him reason- e South Dakota, C. C. $ 2292, same as able exemplary damages.

Montana $ 6047.

Damages for wilful or negligent injuries to animals. California, $ 3340. For wrongful injuries to animals being subjects of property, committed wilfully or by gross negligence, in disregard of humanity, exemplary damages may be given. (Kerr's Cyc. Civ. Code.)

The following statutes treat of the same subject as the foregoing:

Montana, Rev. Codes 1907, § 6075. North Dakota, Rev. Codes 1905, $ 6589. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2756; Comp. Laws 1909 (Snyder), § 2914. South Dakota, Rev. Codes 1903, C. C. § 2319.

Damages for failure to quit after notice. California, $ 3344. If any tenant give notice of his intention to quit the premises, and does not deliver up the possession at the time specified in the notice, he must pay to the landlord treble rent during the time he continues in possession after such notice. (Kerr's Cyc. Civ. Code.)

The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown:

a Arkansas, Dig. of Stats. 1904 (Kirby), § 4694. o lowa, Ann. Code 1897, $ 2989. Missouri, Ann. Stats. 1906, § 4104. Montana, Rev. Codes 1907, $ 6076, a North Dakota, Rev. Codes 1905, $ 6590. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2757; Comp. Laws 1909 (Snyder), § 2915. South Dakota, Rev. Codes 1903, C. C. $ 2320. & Wisconsin, Stats. 1898 (San. & Ber. Ann.), $ 2185.

a Arkansas, $ 4694. If any tenant shall give notice in writing of his intention to quit the premises held by him at a time specified in such notice, and shall

not deliver up the possession thereof at such time, such tenant, his executor or administrator, shall from thenceforward pay to the landlord, his heirs or & Arkansas, $ 4696. If any tenant for life or years, or if any other person who may have come into possession of any lands and tenements, under or by collusion with such tenant, shall wilfully hold over the same after the termination of such term, and thirty days' previous notice in writing given requiring the possession thereof by the person entitled thereto, such person so holding over shall pay to the person so kept out of possession double the yearly rents of the lands or tenements so detained for all time he shall keep the person entitled thereto out of possession.

assigns, double the rent reserved during all the time such tenant shall so continue in possession of such premises.

blowa, $ 2989. A tenant giving notice of his intention to quit leased premises at a time named, and afterwards holding over, and a tenant or his assignee wilfully holding over after the term, and after notice to quit, shall pay double the rental value thereof during the time he holds over to the person entitled thereto.

e Missouri, $ 4104, substantially same as Arkansas $ 4694.

d North Dakota, $ 6590. For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay.

e Oklahoma, & 2757, same as North Dakota $ 6590.

1 South Dakota, C. C. $ 2320, same as North Dakota $ 6590.

8 Wisconsin, $ 2185, substantially same as Arkansas $ 4694.

Damages for wilfully holding over after demand and notice. California, § 3345. If any tenant, or any person in collusion with the tenant, holds over any lands or tenements after demand made and one month's notice, in writing given, requiring the possession thereof, such person holding over must pay to the landlord treble rent during the time he continues in possession after such notice. (Kerr's Cyc. Civ. Code.)

The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown:

a Arkansas, Dig. of Stats. 1904 (Kirby), § 4696. blowa, Ann. Code 1897, $ 2989. c Missouri, Ann. Stats. 1906, § 4106. Montana, Rev. Codes 1907, $ 6077. & North Dakota, Rev. Codes 1905, § 6591. e Oklahoma, Rev. and Ann, Stats. 1903 (Wilson), § 2758; Comp. Laws 1909 (Snyder), § 2916. i South Dakota, Rev. Codes 1903, C. C. § 2321. 8 Wisconsin, Stats. 1898 (San. & Ber. Ann.), § 2186.

blowa, $ 2989, see note b to Cal. Civ. Code $ 3344.

c Missouri, $ 4106, substantially same as Arkansas $ 4696, except in line 7 after "term, and" change "thirty days' previous" to "after demand made and" be.

fore "notice in writing"; also in line 4 from the end after “yearly" change "rents" to "value."

d North Dakota, $ 6591. For wilfully holding over real property by a tenant after the end of his term and after notice to quit has been duly given and demand of possession made the measure of damages is double the yearly value of the property for the time of withholding in addition to compensation for the detriment occasioned thereby.

e Oklahoma, $ 2758, same as North Dakota $ 6591.

I South Dakota, C. C. $ 2321, same as North Dakota $ 6591.

g Wisconsin, $ 2186, substantially same as Arkansas $4969, except in line 4 after “such" change "term, and thirty days' previous" to "time and after demand made and one month's" before

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