Dog and Goat Act 1898 (NSW)

Act No. 44, 1898.

An Act to consolidate tlie Acts relating' to Dogs

and to Goats. [2i)th December, 1898.]

Assembly of New. South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows:— BE it enacted by the Queen's Most Excellent Majesty, by and with

PART I.

Preliminary.

1.(1) This Act may be cited as the " Dog and Goat Act, 1898," and is divided into Parts, as follows:—

PART	I.—Preliminary, s. 1.
PART	II.— Registration of dogs, ss. 2-23.

PART III.—Dogs or goats not to be used for purposes of draught, ss.

24-25.

(2) The Acts mentioned in the First Schedule to this Act are

hereby repealed.

PART II.

Registration of dogs.

2. (1) This Part shall apply to the cities, towns, and police districts mentioned in the Second Schedule hereto.

(2) The Governor may whenever he sees fit, by notice published

in the Gazette, extend the provisions of this Part—

(a) to any city or town ; and

(b)	to any police district, whether this Act has been previously extended to any city or town within such police district or
not. 3.

3. In this Part, unless the context or subject matter otherwise indicates or requires —

(1) " Animal " means any horse, mare, gelding, filly, foal, ass,

mule, bull, cow, bullock, steer, heifer, calf, ram, ewe, wether,

lamb, alpaca, goat, pig, or domestic poultry.

(2) " City " means any city to which this Part for the time being

applies, or has been extended.

(3) " Constable " means any officer of the police force.

(4) " Place where such dog is intended to be kept " includes the

place where such dog is actually kept as well as the place

where such dog is ordinarily kept.

(5) " Police district " means any police district to which this Part

for the time being applies, or has been extended.

( 6 ) " Town means any town to which this Part for the time being

applies, or has been extended.

4. Any person who keeps any dog within the boundaries or reputed boundaries of any city, town, or polite district for a period of fourteen days without causing a description of such dog to be registered, and such registration to be renewed from year to year in manner hereinafter mentioned, shall forfeit and pay for every such dog a penalty of not less than ten shillings nor more than twenty

shillings:

Provided that nothing herein contained shall be deemed to require the registration of any dog under the age of six months, or which has not been kept as aforesaid for a period of fourteen days, the proof of which shall lie upon the owner or keeper of such dog.

5. (1) Every such registration shall be made by the owner or keeper of any dog intended to be registered, or by some person on his behalf delivering at the court of petty sessions of the city, town, or police district nearest to the place where such dog is intended to be kept a description of such dog, embracing the several particulars con­ tained in the form in the Third Schedule hereto, with a declaration thereunder written to the truth thereof under the hand of such owner

or keeper, or of some person in that behalf duly authorised. (2) Every such registration shall be in force from the day

upon which the same is so made until the thirtieth day of September then next ensuing, and no longer, and shall by every such owner or

keeper, or by some person on his behalf, be in like manner renewed from year to year so long as any such dog continues to he kept within the boundaries or reputed boundaries of any city, town, or police district:

Provided that every such registration which is made in Septem­ ber in any year shall be deemed so be in force until the thirtieth day of September of the year then next ensuing.
6. Whosoever wilfully inserts or omits or wilfully causes or

permits to be inserted or omitted in any such description any matter

or

or thing whatsoever contrary to or for the purpose of concealing the truth shall forfeit and pay a penalty of not less than ten nor more than twenty shillings.

7. (1) At the time of making every such registration there shall be

paid into the hands of the clerk of the petty sessions where the same

is made, by the party making the same, a fee of two shillings and six­
pence in respect of every dog mentioned in such registration, and until such amount has been so paid no such registration shall be deemed to have been duly made:
Provided that where the registration is made after the month of March and before the month of September one half only of such fee shall be payable.

(2) Every clerk of petty sessions to whom such payment is

made shall, on demand, give a copy of such registration certified under his hand and a receipt for the fee paid in the form of the Fourth Schedule hereto, and any such clerk who on being required so to do refuses or neglects to give such copy or receipt shall forfeit and pay the sum of ten shillings.
8. In any proceedings under this Part it shall not be necessary for the informant to establish the fact of non-registration, but the proof of due registration shall be on the defendant, and for that purpose a certified copy of such registration under the hand of the clerk of the petty sessions where the same was made shall be equivalent to the production of the original, for which certified copy there shall be paid to such clerk the fee of sixpence and no more unless such copy has been applied for at the time of registration, in which case the same shall be delivered without any fee whatever.
9. The clerk of the petty sessions of every city, town, or police district shall keep in some convenient part of his office during office hours for public inspection a correct list, arranged in alphabetical order, of the names of all persons who have registered any dog during the current year, and showing the number of dogs registered by each person,
and any person applying for the particulars of any dog so registered
and of the name of the owner or keeper thereof shall be entitled to
receive the same on payment of a fee of sixpence.

10. Where any owner or keeper of a dog resides more than ten

miles distant from the court of petty sessions nearest to the place where such dog is intended to be kept he may register such dog by trans­ mitting to the clerk of such petty sessions a registered letter setting
forth the particulars of such dog according to the form prescribed in
the Third Schedule hereto, and containing postage or duty stamps to

the value of two shillings and sixpence.

1 1 . The clerk of petty sessions shall, within fourteen days after

the receipt of such registration fee so enclosed as aforesaid, forward by

letter

letter to the owner or keeper of such dog a receipt in the form of the
Fourth Schedule hereto, or in default forfeit and pay a penalty of not

more than one pound nor less than ten shillings.

12. (1) Any person may, at any place within the boundaries or reputed boundaries of any city, town, or police district, seize and detain any dog not duly registered as aforesaid, and upon notice thereof given to any justice of the peace such justice shall summon the owner or reputed owner or keeper of such dog to appear and claim such dog, and if such owner or keeper or some one on his behalf does not within twenty-four hours after service of such summons, or within such further time as such justice may deem reasonable, attend and claim such dog, the same shall be forthwith killed.

(2) Every dog, whether registered or not, found at large in

any part of any city, town, or police district without being under the immediate custody, protection, or control of some competent person, may, unless such dog has a collar round its neck with the name and address of its owner legibly engraven thereon, and if a mastiff or bull dog or a mongrel of either of the same has in addition to such collar a muzzle securely fixed upon the mouth of such dog so as to prevent it from biting or injuring any person or property, be immediately killed or destroyed, and all persons are hereby authorised and all constables especially ordered to seize, kill, and destroy every such dog.

13. If any dog in any street of any city, town, or police district,

or upon any highway in any part of New South Wales, rushes at or attacks any person or horse or bullock, whereby the life or limbs of any person are endangered or property injured, the owner or keeper of such dog shall forfeit and pay a penalty of not less than twenty shillings nor more than five pounds for every such offence over and above the amount of any damage which such dog may have occasioned.

14. For every unregistered dog so seized, and for every dog which is destroyed in conformity to the provisions of this Part, there

shall be paid to the person so seizing or destroying the same a reward

of two shillings and sixpence on proof being adduced to the satisfaction of the police magistrate or any justice of the petty sessions for the city, town, or police district in which the same was so seized or destroyed that such dog was seized or destroyed by the party applying for such reward within the boundaries or reputed boundaries of any city, town, or police district, and that such dog if destroyed was im­ mediately removed from the streets of such city, town, or police district, or buried or otherwise disposed of so as to prevent nuisance or annoy­ ance to any of the inhabitants thereof:
Provided that in every case in which a reward is claimed for

the destruction of any dog the party applying for such reward shall

produce

produce to such police magistrate or just ice the tail of such dog, which
shall be immediately burned or otherwise destroyed in the presence of
such police magistrate or just ice, or of some person duly appointed by

him.

15 . In any prosecution under this Pa r t every dog shall be taken

to be kept by the person who is in the actual occupation of the house

or premises upon which such dog is found, unless reasonable proof to

the contrary is adduced by the defendant, and the person by whom any such dog is ordinarily kept shall be liable to the several provisions of this Act as the keeper of such dog, whether kept for his own use or tha t

of another :

Provided tha t with respect to any dog kept or used by a servant

the same shall be deemed to be kept by his master or employer for the

t ime being.

1 6 . Any constable having charge of a division, district, or ward

of any ci ty, town, or police district who fails or neglects to report to the police magistrate or justices of the pet ty sessions of such city, town,

or police district any dog which is kept within his district, division, or

ward without being duly registered in manner required by this Act shall

forfeit and pay a penal ty or sum of not less than ten nor more than

twenty shillings for every such dog which he so fails or neglects to report unless he shows reasonable cause why the fact of non-registration could not have been known to him,

17 . Eve ry constable who neglects to destroy or use his best

endeavours to destroy every dog which he finds at large contrary to the provisions of this Pa r t within his district, division, or ward shall for

every such neglect forfeit and pay a sum of not less than ten nor more

than twenty shillings.

1 8 . E v e r y constable or other person who wilfully or maliciously

kills or destroys any dog which is not at large contrary to the provisions

of this Pa r t shall forfeit and pay to the owner of such dog the full value

thereof, and also a penal ty of not less than twenty shillings nor more

than five pounds.

1 9 . The owner of every dog shall be liable in damages for injury

done to any person, property, or animal by his dog, and it shall not be

necessary for the par ty seeking such damages to show a previous mischievous propensity in such dog, or the owner's knowledge of such
previous propensity, or tha t the injury was at tr ibutable to neglect on

the part of such owner.

2 0 . Any dog a t tacking any person or animal may be destroyed

by any person whomsoever if the a t tack be not on premises belonging
to or occupied by the owner or keeper of such dog.

2 1 . All fees received under the provisions of this Pa r t shall be
paid, applied, and accounted for, and returns made thereof in such and

the like manner as is directed with respect to fees levied under the Act

fourth

fourth William the Four th number five entitled An Act for appointing

fees to be taken in the several Courts of Police and Petty Sessions, and by

the Clerks of Justices acting singly in the Colony of New South Wales.

22 . I f any action is brought against any person for anything

done in pursuance of this Par t the defendant may plead the general issue and give the special mat ter in evidence thereupon, and if the verdict
be for the defendant or the plaintiff be nonsuited or discontinue his action, or if upon demurrer judgment be given against the plaintiff, the defendant shall have treble costs, and the like remedy for the same as any defendant

has in any case to recover costs by law.

P A R T I I I .

Dogs or goats not to be used for purposes of draught.

2 3 . Eve ry person who uses any dog or goat for the purpose of

drawing or helping to draw any cart , carriage, truck, or barrow shall

be liable to a penalty of not more than forty shillings for the first offence and not more than five pounds for the second or any subsequent offence.

P A R T I V .

Recovery of penalties and damages.

2 4 . All fines, fees, and penalties imposed under the provisions of

this Act , and all damages which may be sued for under the provisions

of this Act , where the amount claimed does not exceed ten pounds, shall
be recoverable in a summary way before any one or more just ice or justices of the peace, and the fines or penalties inflicted or order for

damages made by such justice or justices shall be levied by distress and
sale of the offender or defendant's goods or chattels, and in failure of

distress shall be enforced in the manner provided by Act eleventh and

twelfth Victoria chapter forty-three, or any Act amending the same.

S C H E D U L E S .

F I R S T S C H E D U L E .

Refe rence to A c t . T i t l e or Sho r t T i t l e . E x t e n t of R e p e a l .

6 Wm. IV No. 4 ... An Act for abating the nuisance occasioned by The whole Act.

dogs in the streets of certain towns and on
highways in New South Wales.

29 Vic. No. 17	...	Dog and Goat Act of 1866	The whole Act.
39 Vic. No. 6	Dog Act Amendment Act of 1875	The whole Act.

S E C O N D

SECOND SCHEDULE.

Cities and Towns.

Adelong	Gundagai	Penrith
Albury	Gunning	Picton
Appin	Port Macquarie, East
Armidale	Hartley	Port Macquarie, West
Arthurstown (Trunkey	Hay
Creek) Balmain	Haydonton	Queanbeyan
Hill End
Randwiek and Coogee
Balranald	Ivanhoo	Raymond Terrace
Bathurst	Redfern
Bega	Jerilderic	Richmond
Bendemeer	Roxburgh

Berrima	Kelso
Binalong	Kempsey, West and East Scone and St. Aubins
Bombala	Kiama Singleton
Boorowa	Kiandra Sofala
Bourke	St . Albans

Braidwood	Lawrence	St. Leonards
Broken Hill	Liverpool	St. Mary's
Bungonia	Stroud
Maclean (Rocky Mouth)	Sydney
Camden	Macquarie	Swansea
Campbelltown	Maitland
Campordown (O'Conncll	Marulan	Tambaroora

Town) Merriwa Tamworth

Careoar, W. and E .	Moama	Tarcutta
Catherine Hill Bay	Molong, West	Tarco
Clarence Town	Morpeth	Tcntorficld
Cooma

Moruya Tumbcrumba

Coonabarabran	Moulamom	Tumut
Coonamble	Mudgcc
Cimdlctown	Murrurundi	Ulladulla

Musclebrook Ulmarra

Dalkeith

Deniliquin, N. and S.	Narrabri
Dubbo	Nelligon	Wagga Wagga
Nerrigundah	Waterloo
Eden	Newcastle	Waverley
Euston	Newtown	Wellington and Montehores
Nimmitabcl	Wentworth
Forbes	Nowra	West Maitland
Frederick-ton	Nundle	Wilcannia

Nymagee W incisor

Glebe Woollahra

Glen Lines	Orange	Wollombi
Gosford, East and West	Wollongong
Goulburn	Paddington
Grafton, North and South	Panbula	Yamba
Grafton	Parramatta	Yass
Grenfell	Paterson	Young

Police

Police Districts.

Albury	Hay	Picton
Balranald	Hillston	Port S tephens
Bathurst	Inverell	Queanbeyan
Bega	Liverpool	Raymond Terrace
Berrima	Macleay River	Richmond River
Bingara	Maitland	Rylstone
Bombala	Metropolitan	Scone
Bourke	Mitchell	Shoalhaven
Braidwood	Moama	Tarn worth
Brewarrina	Moree	Tenterfield
Camden	Moruya	Tumut
Campbelltown	Murrurundi	Tweed River
Carcoar	Musclebrook and Morton	Vegetable Creek
Cowra	Narcllan	Wagga Wagga
Bowling	Narrabri	Walgett
Dungog	Narrandera	Warialda
Eden
Glen Innes	Newcastle	Wellington
Orange	Wentworth
Goulburn
Paterson	Windsor
Gundagai
Gunnedah	Patrick's Plains	Wollongong
Hartley	Penrith	Young

T H I R D SCHEDULE.

Form of Notice of Registering Dogs.

A description of dogs intended to be kept by A.B. . of street, in

the town of during the year ending on the thirtieth day of September, one

thousand eight hundred and

P remise s on w h i c h each d o g is Co lour or pecu l i a r Descr ip t ion or

N o . S e x . A g e .

in tended to be k e p t . ma rks . k ind of d o g .

I, A.B. , do declare the above list and description to be true in every particular

to the best of my knowledge and belief. A.B.

FOURTH SCHEDULE.

Form of Receipt.

R E C E I V E D this day of one thousand eight hundred

the sum of	for	dogs registered by A.H.. in the city,
town, or police district of	for the year ending on the thirtieth day

of September, one thousand eight hundred

C. D.,
Clerk of

Act