Dogs (1841) (WA)

WESTERN AUSTRALIA.

ANNO QUARTO & QUINTO

VICTORI/E REGIN11.4,

No. 14.

An Act to remove the annoyance occasioned by Dogs in the Colony of Western Aus- tralia.

HEREAS it has been found necessary to abate the annoyance preamble.

Wways in the Colony of Western Australia: Be it therefore enacted byoccasioned by the number of Dogs infesting streets and high-

His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that any per- son who shall after the first day of January in the ensuing year, keep any Dog within the said Colony, without having first obtained a

License in the manner and form hereinafter mentioned, shall forfeit Nodog tobekept Mout	fl oin	ceunder	nsAs	.to	sa.penalty
and pay for every such dog a sum not less than twenty shillings nor
exceeding five pounds ; one moiety of such penalty to be paid to the party or parties informing.

4 & 5 Viet., No. 14. 1841.

Description of the dog toH. AND be it enacted, that every person desirous of obtaining be delivered to the cot-a License according to the provisions of this Act., shall deliver a des, lector or Sub Collector of cription under his hand of the dog, for which he desires to obtainRevenuo ,who shall issue

a license on payment of License in the form in the annexed Schedule, with a declaration un- 5s, der his hand to the truth thereof, to the Collector or Sub-Collector

of Revenue of the district, who shall thereupon, upon payment of the fee of five shillings, issue to such p ,:rson a License in the form in the annexed Schedule, and every such License shall be deemed to be in force from the date thereof until the first day of January then next ensuing, and no longer.

Licenses may be tran loftedIII. AND be it enacted, that where any dog shall have been sold

on payment of the fee of or otherwise transferred to a new owner, the License so obtained as

2s. 6[1.

aforesaid shall be transferred by the Collector or Sub-Collector of Revenue, if requested by the holder, by endorsing thereupon the name and residence of the new owner, on payment of the fee of two, shillings and sixpence.

List of licensed persons to IV.

AND be it enacted, that the Collector or Sub-Collector of office hours, for public inspection, a correct list, arranged in alpha, betical order, of the names of all persons who shall have obtained Licenses under this Act during the current year, and any person applying for a particular description of any dog for which any Li-. cense shall have been obtained, and of the name of the owner or keeper thereof, shall be entitled to receive the same on payment of the fee of one shilling.

be kept by Collector or

Sub-Collectors, who shall	Revenue shall keep in some convenient part of his Office, during
furnish:particularson pay-
lent of the fee of Is.

Any person may seize un- V. AND be it en enacted, that it shall be lawful for any persons to,

licensed dogs,andgive no- seize and detain any dog for which License shall not have been ob-	tice to a Justice of the tame	Peace, who shall summon d as aforesaid : and upon notice thereof given to any Justice of
the owner, Ltc, the Peace, such Justice shall summon 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 within twenty-four hours. after the service of such summons, or within such further time as. such justice shall deem reasonable, attend and claim such dog, and

Mastiffs, bull-dogs, S4 c.pay any fines imposed therefor, the same shall be forthwith des-.

to be muzzled, on pain oftroyed ; and if any mastiff, or bulldog, or mongrel of the same or any being destroyed. dog, with respect to which a conviction shall have taken place under.

the sixth clause of this Act, whether the owner thereof have a Li- cense or not, shall be found at large without having a muzzle securely fixed upon the mouth of such dog, so as to prevent the same from biting or injuring any person or property ; any such dog so found at large contrary to the provisions of this Act shall be liable to be im- mediately destroyed, and all persons are hereby authorised, and all constables especially ordered and required, to destroy every such dog accordingly.

1841.                  4 & 5 Vie., No. 14.

AND be it enacted, that if any Dog shall in any street of any Town, or upon any highway in any part of the said colony, rush at persons, rushing at per- Penaltyfor dogsattacking

VI.

or attack any person, or horde, or bullock, whereby the life, limbs, or SOH	nor on000ding; &c. not lesssL.t h anlog.
property of any person may be endangered, the owner or keeper of every such dog shall forfeit and pay a sum not less than ten shillings nor exceeding five pounds for every such offence, over and above the amount of any damage which such dog may have occasioned.

VII.      AND be it enacted, that if any person shall knowingly and penalty for giving false

-wilfully insert or omit, or cause or permit to be inserted or omitted, description, not less than

in any such description as aforesaid, any matter or thing whatsoever	£2, nor exceeding Do.
contrary to, or for the purpose of concealing, the truth, be shall for- feit and pay a sum not less than two pounds nor exceeding ten pounds.

VIII.      AND be it enacted, that if any Constable having charge of Permit for Constable t

a District shall fail or neglect to report to some Justice of the Peace reporting T3 g dogs ' licenns°-

within the said district any dog which shall be kept without such exceeding 25s,	ed	not	less	s not 5s. .nor
License as aforesaid, he shall, unless it appear that such fact could not have been known to him, forfeit and pay a sum not less than five shillings nor exceeding twenty-five shillings.

-

IX.     AND be it enacted, that for every dog which shall be des- Reward for destroying

troyed in conformity with the provisions of this Act, there Shall be	seronformity	with
paid to the person destroying the same a reward of five shillings, on production of the certificate of a Justice of the Peace, to the effect that the head of such dog has been produced to him and destroyed.

X. AND be it enacted, that if any constable shall neglect to des- Penalty for Constablesnc- trloegert,i nufa tro t i adz Loin b t

troy or to use his best endeavours to destroy, any bulldog, mastiff, or less mongrel of the same, or vicious dog as aforesaid, which he shall find than 4s nor exceeding 20s.

at large within his district contrary to the provisions of this Act, he shall forfeit and pay a sum not less than five shillings, nor exceeding twenty-five shillings.

AND be it enacted, that if any constable, or other person, shall wilfully or maliciously destroy any dog which shall not be un- Penalty tior stabhle de-

XI.

i

licensed, or which shall not be at large contrary to the provisions of cd°,Y2:2ht°CCtiorntAl the

rt o 20s. es

shall also forfeit and pay a sum not less than twenty shillings nor °ceding £6.

exceeding five pounds.

AND be it further enacted, that all Informations and Pro- ceedings on account of any offence under this Act shall be heard and?	urisdiction by one In	s-
tice of the Peace.
determined, and all forfeitures and penalties in respect of the same, shall be awarded and imposed in a summary way by any one Justice of the Peace, -who shall summon before him the party accused and all necessary Witnesses, and upon appearance of the party accused

XII.

4 & 5 Vic., No. 14. 1841;

such Justice shall hear the matter of snch information, and shall ex- amine all necessary Witnesses upon oath ; and shall make such order thereon as to him shall seem meet ; and in case the party accused shall be by him convicted, and shall fail to pay any fine or penalty, costs or expenses, awarded by such order within three days next after such order shall have been personally served on him, or left at his usual place of abode, it shall be lawful for such convicting Justice to levy and raise such fine or penalty, costs or expenses, by distress and sale of the goods and chattels of the party so convicted ; and in case such goods anti chattels shall be insufficient for that purpose, it shall be lawful for the convicting Justice to commit the party so convicted to any Gaol or House of Correction for any term not exceeding three calendar months. Provided always, that all Informations and Proceedings in respect of' offences against this Act shall be commen- ced within three months next after the offences thereby respectively charged shall have been committed.

XIII, AND be it enacted, that in all proceedings under this Act,

Proof of ownership. the person who shall be in actual occupation of the house or premises upon which any dog shall have been found, shall be taken to be the ow- ner of such dog, unless proof be adduced to the contrary ; and the per- son by whom any dog shall be ordinarily kept shall be taken to be the owner thereof. Provided always, that with respect to any dog kept by a servant, the same shall be taken to be kept by the master or employer of such servant.

of prosecutions XIV. AND be it enacted, that any prosecution against any per-

Limitation

to 3 months.

son for anything done under this Act shall be commenced within

three months after the offence alleged to have been committed.

Burden of proof of licence XV. &c. to be upon defendant. th e proof of license, as well as of any other fact which may operate to AND be it enacted, that in all proceedings under this Act,

take the case out of the provisions of this statute, shall be upon the

defendant;

'Exemption of dogs underXVI, PROVIDED always and be it enacted, that nothing in this

a /1101109 old, and.ofsheep Act contained shall extend or apply to any dog under the age of three

dogs &e. months ; nor to any dog solely kept or employed for the purpose of

herding cattle or sheep.

XVII. AND be it enacted, that all sums received for Licenses

arising from Licenses and under this Act, and all sums arising from any fines hereinbefore .in A

Apprones priation of il ,

Fines• mentioned, and not otherwise provided for, shall, after deducting ex- penses, be paid to the Colonial Treasurer, to be applied toward the Government of the colony in such. manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint.

1811.              4 & 5 Vie., No. 14.

xviti. AND be it enacted, that this Act may be amended or Act may be amended

repealed by any Act to be passed during the present session.

JOHN HUTT,

GOVERNOR.

Passed the Legislative Council

the 29th day of July, 1841.

WA LKINSHAW COWAN,

Clerk of the Council.

SCHEDULE NO. 1.

APPLICATION FOR A LICENSE.

1, of in the Dictrict of

hereby apply for a Liednse to keep the Dog here described, which description I

declare ro be true and accurate, to the best of my knowledge.

Species. Sex. Age. Name. Colour. Peculiar Mark.

SCDEDULE No. 2.

LICENSE.

I certify that of , is authorised, under the Act 4 and 5 Viet., No. 14, to keep, till the first day of January next ensuing from the date hereof; the Dog hereinunder described; he having paid therefor into my hands

the sum of five shillings. The day of , 184 .

Collector (or, Sub-Collector.)

Description of the Dog hereby Licensed.

Species. Sex. Age. Name. Colour. Peculiar Mark.