Dog Nuisance Act 1835 No 9a (NSW)

No. IV.

An Act for abating the Nuisance occasioned by Doffs in the Streets of certain Towns and on Highways in New South Wales. [25th August, 1835.]

W H E R E A S an Act was passed in t h e eleventh year of t h e re ign

of his la te Majesty K i n g George t h e F o u r t h by t h e Governor

and Council of N e w Sou th W a l e s in t i tu led " An Act for abating the " Nuisance occasioned by the great number of Dogs which are loose in " the Streets of the Towns of Sydney Parramatta Liverpool and

" Windsor in the Colony of New South Wales" which Ac t expired on

the thir ty-f irs t day of M a y one t h o u s a n d eight h u n d r e d and thirty-five

and h a v i n g been found beneficial in aba t ing t h e nuisance experienced

by t h e inhab i t an t s of t he said towns from t h e great n u m b e r of dogs

which used to r o a m at la rge wi th in t h e same i t is expedient to revive and cont inue t h e said Act wi th cer tain addit ions and amendmen t s Be it therefore enacted by H i s Excel lency the Governor of New South Wales wi th t h e advice of t h e Legislat ive Council thereof Tha t any person who shall after t h e first day of October one thousand e ight hund red and thirty-five keep any dog wi th in t he boundar ies or r epu ted boun­

daries of t he towns of Sydney P a r r a m a t t a Liverpool Campbel l town

Windso r Newcast le Ma i t l and and B a t h u r s t for a period of fourteen days wi thou t causing a description of every such dog so kept by such person wi th in t h e same to be registered and such regis t ra t ion to be renewed from year to year in m a n n e r hereinafter men t ioned shall forfeit and pay for every such dog a pena l ty or sum of no t less t h a n t en shil­ l ings no r more t h a n twen ty shil l ings Provided always Tha t no th ing

m a d e b y t h e owner or keeper of any dog in tended to be registered or some person on his or her behalf delivering a t t he Police Office or Office of t he P e t t y Sessions of the t o w n in which it is in tended to be kep t a descript ion of such dog embrac ing t h e several par t i cu la rs contained in t h e form i n t h e Schedule to t h i s Act annexed marked wi th t he le t ter A wi th a declarat ion the reunde r wr i t t en to t he t r u t h thereof unde r t he h a n d of such owner or keeper or of some person in t h a t behalf duly author ized and every such regis t ra t ion shal l be deemed to be in force from the day upon which the same shall be so m a d e u n t i l t he th i r t i e th day of September t hen nex t ensuing a n d no longer and shal l by every such owner or keeper or some person on

here in conta ined shal l be deemed to requi re the reg is t ra t ion of any

dog u n d e r t h e age of six m o n t h s or which shall not have been k e p t as aforesaid for a period of fourteen days t h e proof of which shall lie upon t h e owner or keeper of such dog.

2. A n d be it enacted T h a t every such reg i s t ra t ion shall be

on his or he r behalf be in l ike m a n n e r renewed from year to year so long as any such dog shall cont inue to be kep t wi th in t h e boundar ies or r e p u t e d boundar ies of any one of t h e said towns provided however t h a t every such regis t ra t ion which shall be made in t h e m o n t h of September in any year shall be deemed to be in force u n t i l t h e th i r t i e th

day of September of t h e year t h e n n e x t ensuing.

3 . A n d be i t enacted Tha t if any person shall wilfully inser t or omit or wilfully cause or permi t to be inserted or omi t ted in any such descript ion any m a t t e r or t h i n g whatsoever cont rary to or for t he purpose of concealing t h e t r u t h he shall forfeit and pay a pena l ty or

s u m of no t less t h a n t e n no r more t h a n twen ty shil l ings.

4 A n d be i t enacted Tha t a t t he t ime of m a k i n g every such

regis t ra t ion the re shall be paid in to t h e h a n d s of t h e Clerk of t h e Police

Office or P e t t y Sessions where t h e same shal l be made by t h e p a r t y

m a k i n g the same t h e s u m or sums ment ioned in t he Schedule to th i s Ac t annexed m a r k e d wi th the le t ter B in respect of every dog ment ioned in such regis t ra t ion and un t i l such amoun t shall have been so paid no such regis t ra t ion shal l be deemed to have been duly made provided t h a t where t h e regis t ra t ion shall happen to have been made after t h e m o n t h of M a r c h and before the m o n t h of September one half only of t he sum or sums ment ioned in t h e said Schedule shall be payable a n d every Clerk of t h e Police Office or P e t t y Sessions to w h o m such p a y m e n t shal l be m a d e shal l on demand give a copy of such reg is t ra t ion certified u n d e r his h a n d and a receipt for t h e s u m paid in t h e form in t he Schedule to th i s A c t annexed marked wi th the le t ter C and any such Clerk who shal l on being required refuse or neglect to give such copy or receipt shal l forfeit and pay the s u m of

t en shil l ings.

5. A n d be i t enacted Tha t in any proceedings unde r th i s A c t

i t shall no t be necessary for t h e in formant to establish t he fact of non-regis t ra t ion b u t t h a t t he proof of due regis t ra t ion shall be on t h e defendant and for t h a t purpose a certified copy of such regis t ra t ion under t he h a n d of t he Clerk of t he Police Office or P e t t y Sessions where t he same was m a d e shall be equivalent to t h e product ion of t h e original for which certified copy the re shall be paid to such Clerk t he fee of s ixpence and no more unless such copy shall have been applied for a t t he t ime of reg is t ra t ion in which case t h e same shall be delivered wi thou t any fee whatever .

G. A n d be i t enacted T h a t t h e Clerk of t he Police Office or P e t t y Sessions of every such town shall keep in some convenient pa r t

of his office du r ing office hours for publ ic inspection a correct list
a r ranged in a lphabet ica l order of t he names of all persons who shall

have registered any dog dur ing t h e cu r ren t year and shewing the n u m b e r s regis tered by each and any person apply ing for t he par t i cu la rs of any dog so registered and of t h e n a m e of t h e owner or keeper thereof shal l be ent i t led to receive t he same p a y m e n t of a fee of sixpence.

7. And . be it enacted Tha t i t shall and m a y be lawful for any person a t any place wi th in t h e boundar ies or r epu ted boundar ies of any of t h e said towns to seize and detain any dog not duly regis tered as aforesaid and upon notice thereof given to any Jus t i ce of t he Peace such Jus t i ce shall s u m m o n the owner or reputed owner or keeper to appear and claim such dog and if such owner or keeper or some one on his behalf shall not wi th in twenty-four hour s after service of such s u m m o n s or wi th in such fur ther t ime as such Jus t i ce m a y deem reasonable a t t end and claim such dog the same shall be forthwith killed A n d if any dog whether registered or not shall after the first day of October n e x t be found a t large in any pa r t of t he said towns wi thou t be ing under t h e immedia te custody protect ion or control of

some

some competent person or unless such dog shall have a collar r o u n d i t s neck wi th t h e n a m e and address of i ts owner legibly engraven thereon or if a mastiff or bu l l dog or a mongre l of e i ther of t he same unless i t shall have in addi t ion to such collar a muzzle securely fixed u p o n t h e m o u t h of every such dog so as to p reven t t he same from b i t ing or in jur ing any person or p rope r ty any such dog so found at

l a rge cont rary to t h e provisions of th i s A c t shall be l iable to be im­

media te ly kil led or destroyed a n d all persons are hereby author ized and all constables especially ordered and requ i red to seize ki l l and destroy every such dog so found a t la rge accordingly.

8. A n d be it enacted T h a t if any dog shall in any s treet of the

said towns or upon any h ighway in any p a r t of t he said Colony r u s h

a t or a t t ack any person or horse or bul lock whereby t h e life or l imbs of any person shal l be endangered or p roper ty in jured t h e owner or keeper of every such dog shal l forfeit a n d pay a penal ty or s u m of n o t less t h a n twen ty shil l ings nor more t h a n five pounds for every such offence over and above the a m o u n t of any damage which such dog m a y have occasioned.

9. A n d be i t enacted Tha t for every unregis tered dog so seized or any dog which shal l be destroyed in conformity to t h e provisions of th is Ac t t he re shall be paid to t h e person so seizing or des t roying t h e same a r eward of two shil l ings and sixpence on proof be ing adduced to t he satisfaction of the Police Mag i s t r a t e or any Jus t i ce of t h e P e t t y Sessions for t h e town in which t h e same shal l have been so seized or destroyed t h a t such dog was seized or ac tual ly destroyed by t h e p a r t y app ly ing for such reward w i th in t h e boundar ies or r epu ted boundar ies of one of t he said towns and t h a t such dog if destroyed was immedia te ly removed from the streets of such town or bur ied or otherwise disposed of so as to prevent nuisance or annoyance to any of t h e inhab i t an t s thereof Provided a lways t h a t in every case in which a reward shall

be claimed for t h e des t ruc t ion of any dog the p a r t y apply ing for such

reward shall p roduce to such Police Mag i s t r a t e or Jus t i ce t he tai l of every such dog which shall be immedia te ly bu rned or otherwise destroyed in t h e presence of such Police Magis t r a t e or Jus t i ce or of some person duly appoin ted by h i m so as to p reven t any claim for reward being again made in respect thereof.

10. A n d be it enacted Tha t in any prosecut ion unde r th i s A c t every dog shall be t aken to be kep t by t h e person who shal l be in t h e ac tua l occupation of t h e house or premises upon which such dog shal l be found unless reasonable proof to t h e con t ra ry shal l be adduced by

t h e defendant and the person by w h o m any such dog shall be ordinar i ly kept shall be l iable to t h e several provisions of th i s Act as t h e keeper	of such dog whe the r kep t for his own use or t h a t of ano ther Provided
That with respect t o any dog kep t or used by a servant t he same shal l be deemed to be kept by his mas te r or employer for t he t ime-being.

11 And be it enacted That no th ing herein contained shal l be

deemed to apply to any dog actually employed in dr iving sheep or cat t le or to any dog passing through any of the said towns accom­

pany ing a car t d ray or other	carr iage if chained or otherwise securely
fastened	the re to or muzzled unless such dog shall be usual ly kep t in
any of	the said towns.

12. A n d be it enacted Tha t any constable hav ing charge of a division distr ict or ward of any of the towns aforesaid w ho shal l fail or neglect to report to t he Police Mag i s t r a t e or Jus t ices of t he P e t t y Sessions of such town any dog which shall be kept wi th in his district division or ward wi thou t be ing duly registered in m a n n e r required by th is Ac t shal l forfeit and pay a pena l ty or s u m of not less t h a n t en nor more t h a n twen ty shill ings for every such dog which he so fails or neglects t o report unless he can

shew

shew reasonable cause why t h e fact of non-regis t ra t ion could no t have

been k n o w n to h im.

13 . A n d he i t enacted Tha t if any constable shal l neglect to destroy or use his best endeavours to destroy every dog which he shall find a t large cont rary to t h e provisions of th i s Ac t wi th in his dis tr ict division or ward every such constable shal l for every such neglect for- feit and pay a s u m of no t less t h a n t en nor more t h a n twen ty shil l ings.

14. A n d be i t enacted T h a t if any constable or o ther person shal l wilfully or maliciously ki l l or destroy any dog which shall no t be a t la rge cont ra ry to t he provisions of th is Ac t such constable or o ther person shall forfeit and pay to the owner of such dog the full va lue thereof and also a pena l ty or s u m of not less t h a n t w e n t y

shi l l ings nor more t h a n five pounds .

15. A n d be i t enacted Tha t all fees to be received under t h e provisions of th i s Ac t shall be paid applied and accounted for and r e t u r n s made thereof in such and t h e like m a n n e r as is directed wi th respect to fees levied unde r t he Act of the said Governor and Council passed in the four th year of t h e re ign of H i s present Majesty in t i tu led " An Act for appointing Fees to be taken in the several Courts of Police " and P e t t y Sessions and by the Clerics of Justices acting singly in the

" Colony of New South Wales."

16. A n d be i t enacted T h a t in t h e const ruct ion of th i s Act t h e

word dog shal l be unders tood to inc lude and shall be applied to several

dogs as well as to one dog and to female dogs as well as to males.

17. And be it enacted That all offences against this Act shall

be heard and de termined and all fines and penal t ies in respect thereof be awarded a n d imposed in a s u m m a r y way by and before any Justice of t h e Peace upon informat ion in t h a t behalf exhibi ted a n d that all fines and penal t ies so awarded and imposed shall go and be dis t r ibuted and all persons aggrieved by any s u m m a r y conviction unde r th i s Act where t h e pena l ty shall exceed the sum of five pounds shall be ent i t led to appeal therefrom in t h e m a n n e r provided respectively by a cer ta in A c t of. t h e said Governor and Council passed in t h e fifth year of the re ign of H i s present Majesty inti tuled " An Act to regulate summary proceedings before Justices of the Peace'' Provided always T h a t no person shall be convicted for any offence under th i s A c t unless complaint be made within one m o n t h nex t after t he t i m e the offence shall have been commit ted and t h a t no conviction unde r the same shal l

be removed by writ of certiorari or otherwise into the Supreme

Court.

18 . A n d be i t enacted Tha t if any act ion shal l be b rough t against any person for any t h i n g done in pur suance of th is Act t he defendant m a y plead t h e general issue and give the special m a t t e r in evidence the reupon and if t he verdict shall be for t h e defendant or t he plaintiff be non-sui ted or discont inue his act ion or if upon demurre r j u d g m e n t be given aga ins t t he plaintiff the defendant shall have t reble costs and t h e l ike r emedy for t h e same as any defendant h a t h in any case to recover costs by law.

19.    A n d be it enacted Tha t it shall be lawful for H i s Excel lency

the Governor whenever he shall see fit to ex tend the provisions of th i s Act to any town wi th in t h e said Colony by notice to t h a t effect pub -

l ished in " The New South Wales Government Gazette."

20. A n d be i t enacted Tha t t h i s Act shall commence and t ake effect on t he first day of October one thousand e ight hundred and thirty-five.

SCHEDULES

SCHEDULES REFERRED TO.

A.

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 30th September 18

Premises on which Colour or peculiar Description or k ind

N u m b e r . each dog Sex . Age.

is intended to be kept . m a r k s . of dog.

I A. B . do declare the above list and description to be t rue in every part icular to the best of my knowledge and belief.

A. B .

B .

Fees to be paid on the registration of Dogs.

£ s. d.

For one dog if only one be kept	. . .	. . .	0	1	0
For each dog if two only be kept	. . .	. . .	0	2	0
For each dog if three only be kept	. . .	. . .	0	2	6

For every dog above three

. . . . . . . . . 0 5 0

C.

Form of Receipt.

Received this day of 18 the sum of

for dogs registered by A. B . in the Town of for

the year ending on the 30th day of September 18

C. D.
Clerk of

N o . V .