No. VIII.
An Act for abat ing the Nuisance occasioned by
the great number of Dogs which are loose in the Streets of the Towns of Sydney Parra- matta Liverpool and Windsor in the Colony
| of New South Wales. | [14th April | 1830.] |
| WH E R E A S | dogs which are al lowed to go loose a t all hou r s of t h e day a n d n i g h t |
| t h e | Streets | of t h e Towns | of | Sydney | P a r r a m a t t a |
| Liverpool and Windso r a re infested | by t h e great | n u m b e r | of |
to t h e danger of passengers as well as to t h e great annoyance of t h e
inhab i t an t s a t la rge A n d whereas i t is expedient to aba te t h i s
| nu i sance as far as i t m a y be pract icable | so | to | do w i t h o u t | de t r imen t |
to t h a t species of secur i ty to p roper ty which dogs afford B e i t enacted
by H i s Exce l lency t h e Governor of N e w South Wales wi th t h e advice of t h e Legis la t ive Counci l T h a t from a n d after t he first day of J u n e n e x t every dog which shal l be found loose in any p a r t of t h e s t reets of t h e said towns shal l be l iable to be immedia te ly kil led or destroyed unless such dog have a collar r o u n d i t s neck wi th t h e n a m e a n d address of i ts owner legibly engraven t he r eon and all persons are hereby au thor ized and all Constables and Peace Officers a re hereby specially ordered a n d required to seize kil l and destroy every dog so
| found loose w i t h o u t a collar | accordingly. |
| 2. A n d be i t fur ther | enacted Tha t a reward of two shil l ings |
and sixpence for every such dog which shall be so destroyed shal l be paid to t h e Constable or t h e Peace Officer who shall ki l l or destroy t h e same upon proof be ing adduced to t h e satisfaction of t h e Super in t enden t of Police or Bench of Magi s t r a t e s of t he said towns respectively
| of | t h e ac tua l des t ruct ion | of | such dog by t h e pa r ty | or par t ies | app ly ing |
for such reward .
| 3 . A n d be it fur ther | enacted T h a t every owner | or propr ie tor |
of a dog or dogs who is or shal l be res iding in e i ther of t he Towns of Sydney P a r r a m a t t a Liverpool or W i n d s o r aforesaid shall on or before
| t h e said | first | day of J u n e nex t after t h e pass ing of th i s A c t deliver t o |
the Super in tenden t of Police or Bench of Magi s t r a t e s in t h e t o w n in which he or she resides a paper signed wi th his or he r n a m e and in t h e form he reun to annexed conta in ing a descript ion of each a n d every dog k e p t b y h i m or he r in t h e said towns respectively a n d shall a t t he same t i m e pay in to t h e h a n d s of t h e said Super in tenden t of Police
| or Bench | of Magi s t r a t e s a fee for regis ter ing every dog so kep t by |
| h i m or her a n d described as aforesaid a t t h e several ra tes following t h a t is t o say for one dog if one only be kep t t h e sum of one | shi l l ing |
| for two dogs if two be t h e n u m b e r kep t | t h e s u m of five shi l l ings | for |
| t h r ee dogs | fifteen | shil l ings and so on for every dog above t h a t | n u m b e r |
| t h e s u m of t e n shil l ings | and t h e said | Super in tenden t | of Police | or |
B e n c h of Magi s t r a t e s shal l t he reupon cause every such descript ion of t h e dog or dogs kep t by every such owner or propr ie tor to be filed in his or the i r office a n d to be carefully registered accordingly in a book which is to be kep t for t h a t purpose and shall deliver to such owner or propr ie tor a certificate according to t h e form he reun to annexed declar ing t h e n u m b e r and descript ion of dogs so registered and t h e a m o u n t of fee paid for t h e same A n d if any owner or propr ie tor shal l fail or neglect t o deliver to t h e Super in tenden t of Police or Bench of
Mag i s t r a t e s in his or her t o w n wi th in t h e t i m e abovement ioned a
correct list of all dogs k e p t by h i m or he r as aforesaid and pay the
fee for t h e same a t t h e ra tes abovement ioned such owner or propr ie tor shal l for every dog which he or she shal l so fail or neglect to regis ter and correctly to describe forfeit and pay a s u m n o t less t h a n Twen ty
| Shil l ings no r more t h a n F ive P o u n d s | Provided a lways t h a t every owner |
or propr ie tor of a dog or dogs who shal l no t a t t h e t i m e of reg is te r ing be bond fide a householder shal l pay a fee of t en shi l l ings for regis t e r i n g each a n d every dog kep t b y h i m or he r w i t h o u t dis t inct ion as
| to | t h e | n u m b e r . |
| 4. | A n d | be i t fu r ther | enacted | T h a t t h e certificate so g r an t ed as | |
aforesaid shal l be a sufficient proof of t h e regis t ry of such dogs by t h e person in whose favour t h e same shall be g ran ted and every such certificate which shal l be g ran ted w i th in one calendar m o n t h previously to t h e thir ty-f irs t clay of M a y in each year shal l be dated on t h e first day of J u n e following and every such certificate which shall be g ran ted a t any o ther t i m e shal l be da ted on t h e day on which t h e same shal l be g ran ted and all such certificates respectively shall have effect and cont inue in force from t h e day of t he da te thereof u n t i l t he t h i r t y - first day of M a y following inclusive a n d no longer .
5. A n d be it fur ther enacted T h a t before t h e expira t ion of such
year ly certificate every owner or p ropr ie to r of a dog or dogs shal l
deliver t o t h e Super in tenden t of Pol ice or Bench of Magi s t r a t e s of
| h i s or he r t o w n a fresh l ist and descript ion of t h e | dog | or dogs | t h e n |
| ac tua l ly kep t by h i m or he r and shal l pay for t h e | same a t | t h e | ra tes |
| aforesaid for reg is te r ing t h e same for t h e | ensu ing year and | t h e | said |
Super in t enden t of Pol ice or Bench of Mag i s t r a t e s is or a re to g r a n t a certificate for t h e same as hereinbefore described and any owner or propr ie tor of a dog or dogs who shal l fail or neglect t o m a k e such year ly regis t ry and pay such fee or fees as aforesaid shal l for every dog which he or she shal l so neglect or fail to regis ter and pay for forfeit and pay a s u m no t less t h a n Twen ty Shil l ings no r more t h a n
| 6. A n d be i t fur ther enacted T h a t if a t any t ime after t he ob ta in ing of a year ly certificate and before t h e expi ra t ion thereof any person shal l become possessed of a dog or dogs in addi t ion to those regis tered by h i m or he r for t h a t year he or she shal l immedia te ly regis ter a n d pay t h e fee for such addi t ional dog or dogs and receive a certificate for t he same in t h e l ike m a n n e r in all respects as herein before directed for t h e year ly regis t ry of dogs a n d if any person so becoming possessed of a dog or dogs shal l neglect or fail t o regis ter t h e same and pay t h e s t ipula ted fee wi th in fourteen days after he or | she shal l have become so possessed of such dog or dogs such person | shal l for every dog so neglected to be regis tered forfeit a n d pay a s u m |
| no t less t h a n Twenty Shil l ings no r more t h a n F ive P o u n d s Provided a lways t h a t no dog unde r t h e age of six m o n t h s shal l be requi red to be regis tered and if a quest ion shal l arise as to t h e age of any dog t h e proof t h a t such dog is u n d e r t h e age of six m o n t h s shal l res t |
| w i t h t h e owner | thereof. | |
| 7. A n d | be i t fu r ther | enacted T h a t in order to ascer ta in t h e |
| owner or propr ie tor of a dog so as to m a k e h i m or her l iable for | t h e |
| forfeitures and penal t ies imposed by th i s Ac t in respect t o such | dog |
i t shal l be sufficient to prove t h a t such dog usua l ly resor ts t o and takes shel ter in t he house or premises of such alleged owner or propr ie tor .
8. A n d be i t fu r ther enacted T h a t n o dog ac tua l ly employed in
dr iv ing sheep or ca t t le or accompanying a car t d ray or any o ther carr iage to e i ther of t he said towns respectively or r e t u r n i n g therefrom shal l be deemed to be a t la rge according to t h e m e a n i n g of th i s Ac t or shal l subject t h e owner or propr ie tor to t h e pena l ty hereby directed.
| 9. A n d be i t fu r ther enac ted T h a t if any Constable | or | o ther |
person shal l wilfully or mal iciously ki l l or destroy a dog h a v i n g on a collar on which the n a m e a n d address of i ts owner arc p la in ly legible such Constable or o ther person shal l forfeit and pay to t h e owner t h e full va lue of such dog a n d also pay a f ine of no t less t h a n Twenty Shi l l ings and not more t h a n F ive P o u n d s upon convict ion before one or
| more Jus t i ce or Jus t i ces of | t h e | Peace. |
| 10. A n d be it fur ther enacted Tha t | if any Dis t r i c t | Constable |
or any Constable hav ing special charge of a distr ict division or ward of any of t h e towns aforesaid shall fail or neglect to repor t to t h e Super in tenden t of Pol ice or Bench of Magis t ra tes of such t o w n any dog or dogs which shal l be kep t w i th in his dis t r ic t division or ward and not regis tered as requi red by th is A c t such Constable shal l for every dog wh ich he shall so fail or neglect t o repor t forfeit and pay a
| s u m not less t h a n Ten Shil l ings nor more t h a n Two | Pounds . |
1 1 . A n d be it fur ther enacted Tha t if any Constable neglect to
destroy or t o use his best endeavours to destroy every dog which he shal l find a t l a rge a n d wi thou t a collar w i th in his dis t r ic t division or ward every such constable shal l for every such ins tance of neglect forfeit a n d pay a s u m not less t h a n Ten Shi l l ings nor more t h a n Two P o u n d s .
| 12. A n d be it fur ther enacted Tha t if any dog c i ther | w i t h | or |
| w i thou t a collar shal l be a t large and shall a t t ack any person | pass ing |
in a street of any t o w n or on any h ighway or t u r n p i k e road on foot on horseback or in a carr iage t h e owner or propr ie tor of such dog shal l forfeit a n d pay a fine of no t less t h a n Twenty Shil l ings no r more t h a n F i v e P o u n d s over and above t h e a m o u n t of any damage which such dog m a y occasion.
13 . A n d be i t fur ther enacted Tha t in any proceeding under th i s
| Ac t except ing w h a t m a y re la te | to t h e descript ion and regis t ry of dogs |
and bi tches i t shal l no t be necessary to specify t h e sex of any dog.
| 14. A n d be i t fur ther enacted by the au tho r i t y | aforesaid | T h a t |
all fines and penal t ies imposed by th i s A c t shall be recoverable before
one or more J u s t i c e or Jus t i ces of t h e Peace on proof of t h e offence
on t h e oa th or oa ths of one or more credible wi tness or witnesses or
on confession of t he offender and in case of non -paymen t they shall
be levied b y distress and sale of t h e offenders' goods and chat te l s by
w a r r a n t u n d e r t he h a n d s and seals of two or more of such Jus t i ce s
and t h e overplus of t h e money raised after deduc t ing the pena l ty and
t h e expenses of t h e distress and sale shall be rendered to t h e owner
| and if any person shal l feel aggrieved by | t h e | s u m m a r y | j u d g m e n t | or |
| convict ion | of | any J u s t i c e | or | Ju s t i ce s | unde r | th i s | A c t | such | person |
| shall be ent i t led to appeal from | such | j u d g m e n t or | convict ion | to | t h e |
| Cour t of Q u a r t e r Sessions to be holden | n e x t | after | t h e | expi ra t ion | of |
| t en | days | from | t h e da te of such j u d g m e n t | or convict ion | a n d | t h e |
| decision of such Cour t of Q u a r t e r Sessions shall be | final. |
15 . A n d be it fu r ther enacted T h a t one moie ty of every fine or pena l ty imposed u n d e r th i s Ac t shall be paid to t he person or persons who shall sue for t h e same or who shall give such informat ion to t h e police as may lead to a convict ion and t h e o ther moie ty of every such fine or penal ty a n d also all fees levied and imposed unde r th i s Ac t shal l be applied in and towards ca r ry ing t h e same in to effect and t h e su rp lus if any shall be appl ied towards defraying t h e expense of l ight i n g and watch ing the t o w n in which the convict ion shal l be obtained.
| 16. A n d be it fu r ther enacted T h a t th i s Act shal l be and | con |
| t i n u e in force unt i l t he thir ty-f i rs t | day | of M a y | in t he | year | of our |
| L o r d | one thousand | eight h u n d r e d | and th i r ty - two | and no | longer . |
F O R M
| F O R M | O F | N O T I C E | O F | R E G I S T E R I N G | O F | D O G S | R E F E R R E D | TO. |
| I A . B . of | Street in the Town of | do hereby |
give notice in pursuance of the Act of the Governor and Council No. 8 of the eleventh year of the reign of His Majesty K i n g George the Four th that I desire that the dogs hereunder described may be registered as my property in the said town this day of
one thousand eight hundred and
| No. Description or | Pecul iar | He igh t a t | the | Probable |
| k ind of dog | Marks . | Shoulder. | Age . |
| 1 | Bull Dog | Liver-coloured | Cut ears and tail | Dog | 2 Years |
| 2 | Newfoundland | Black | wi th | Bitch | 1 Year |
white spots
and whi te feet
and I do declare tha t the above contains a t rue description in every part icular of all the dogs now belonging to me in the said town of to the best of my knowledge and belief.
| (No. | .) | F O R M | O F | C E R T I F I C A T E | R E F E R R E D | TO. |
| This is to certify that A. B . of | Street in the Town of | has |
registered the following dugs in this office and paid the established fee for the same in conformity with the Act of Council No 8 passed in the eleventh year of the reign of Hi s present Majesty K i n g George the Four th .
| No. Description or | Pecul iar | He igh t | a t the | Probable | A m o u n t |
| k ind of dog. | Marks . | Shoulder. | Age . | of Fee. |
| This Certificate is to be in force till the 31st day of May 183 | Given under | hand at | this |
| Registered folio | by | day of | 183 |
| C. | D. | A . B . Superintendent of Police |
| Clerk to the Magistrates. | or Magistrates for |