Dogs Act 1852 (SA)

No. 5.

An Act fir abating the Nuisance and Damage to Proper& occasioned

byqthe great fiumber of	Dogs wwhh are loose in the Province
of South Austrulia.

[Assented to 11th October, 1852.1

HEREAS the streets of the City of Adelaide and other Preamble-

of Dogs, which are allowed to go loose at all hours of the day	W places within this Province arc infested by great numbers
and night, to the dan8ex of passengers as well as to the great annoyance of the inhabitants at large: And whereas much loss is occasioned to the owners of poultry, of sheep, and other small cattle, by the ravages of such dogs, as well as by dogs of the native breed:

Be it therefore Enacted, by the Lieutenant-Governor of South && f 6;~f:;: the

Australia, with the advice and consent of the Legislative Council sp,cifi,~, to be re@,-

thereof, That any person who shall, after the first day of December, tercd.

one thousand eight hundred and fifty-two, keep any dog within

the boundaries of the City of Adelaide, or within ten miles

of such boundaries, for a period of fourteen days, without causing

a description of every such dog so kept by such person within

the game to be registered, and such registration to be renewed from year to y e a r h manner hereinafter mentioned, shall forfeit and pay, for every such dog, a penalty or sum of not less than Ten Shilliigs nor more than Twenty Shillings: Provided always, Proviso as to dogs

t h t nothing herein contained shall be deemed to require the re-	under four months
gistration of any dog under the age of four months, or which shall not have been kept as aforesaid for a period of fourteen days, the proof of which shall lie upon the owner or keeper of such dog.

by the owner or keeper of any dog intended to be registered, or some doge. 2. And be it Enacted, That every such registration shall be made Mode of registering

I person

person on his or her behalf, delivering at the Police Office, in the said City, a description of such dog, embmcing the several particulars contained in the Schedule to this Act annexed, nlarked with the letter

A, with a declaration thereunder written to the truth thereof, under

the hand of such owner or keeper, or of some person in that bel~alf

duly authorised, and every such registration shall be deemed to be

in force from the day upon which the same shall be made until the

first day of January then next ensuing, nud no longer; and

shall, by every such owner or keeper, or some person on his or

her behalf, be in like manner renewed from year to year, so long

as any such dog shall continue to be kept d h i n the boudaries

of the City of Adelaide, or within ten miles of such boundaries: Provided, however, that every such registration which sliall be made after the month of June in any year shall be deemed to be

in force until the thirty-first day of December in the year then

next ensuing.

*

penalty for des-

cnption.

3. And be it Enacted, That if any person shall wilfully insert or omit, or wilfully cause or permit to be inserted or omitted in any such description, any matter or thing whatsoever, contrary to, or for the purpose of concealing the truth, he shall fibrfeit and pay

a penalty or sum of not less than Ten nor more than Twenty

Shillings.

Fees on registration.

4. ,4nd be it Enacted, That, at the time of making every such registration, there shall be paid into the hands of the Officer for that purpose duly appointed where the same shall be made, by the party makirr g the same, the sum of One Shilling iu r espect of every dog mentioned in such registration, and until such amount shall have been so paid, no such registration shall be deemed to have been duly made; and every Officer for that purpose duly appointed, to whom such payment shdl be made, shall, on demand, give a copy of such registration, distinguished by a number, certified under his hand, and a receipt for the sum paid, in the form in the Schedule to

this Act annexed, marked with the letter C; and any such Officer, who shall, on being required, refuse or neglect to give such copy or receipt, shdl forfeit and pay the sum of Ten Shillings.

~ r o o f ~ f ~ g i ~ t r a t i ~ n

5. And be it Enacted, That in any proceedings under this Act it shall not be necessary for the informant to establish the fact of non- registration, but that 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 Officer so appointed, where the s a y was made, shall be equivalent t'o the production of the original, for which certified copy there shall be paid to such Oflieer thc fee of Sixpence and no more, unless such copy sliall have been applied for at the time of registration, i11 which case the same shall be delivered without any fee whatever.

tering dogs to be ex-

~ i s t of persons rcgis- 6. And be it Enacted, That the proper Officer as aforesaid,

hibited,

in the City of Adelaide, or in any Hundmd or District to

which

which the provisions of this Act may be extended as hereinafter provided, shall keep in some convenient part of his office, during office hours, for public inspection, a comct list, arranged in alphabetical order, of the names of the persons who shall have registered anv dog during the current year, and sheming the numbers regeterecl by each; 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.

7. And be it Enacted, That it shall and may be lawful for any ~ o g s not rogi~tered

or without collars

person at any place within the boundaries of the said City of Ade- ,,	,
laidc, or withirl ten miles of such boundaries, to seize and detain any killed.
dog not dnlv registered as aforesaid, and upon notice thereof given
to any ~uRtice of the Peace, such Justice shall summon the owner, or reputed owner, or keeper, tlo appear and claim such dog; and if such owner or keeper, or ~orne one on his behalf, sllall not, within twenty-four hours after service of such summons, or within such further time as such Justice may deem reason- able, attend and claim such dog, the same s21all be forthwith killed; and if any dog, whether. registered or not, shall, after the first day of December next, be found at large in any part of the said City of Adelaide, or within ten miles of the boundaries thereof, and without being under the inimediate custody, protection, or control, of some competent person, dr unless such dog shall have a collar round its neck, with the number corresponding to the register of' the same legibly inscribed thcreon; or if a mastiff, or bull dog? or a mongrel of either of the same, unless it shall
have, in addition to such collar, a muzzle securely fixed upon the
mouth of every 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 killed or destroyed; and all persons are hereby authorised, and all constables especially ordered and required to seize, kill, and

destroy every such dog so found at large accordingly.

8. And be it Enncted, That if any dog sliall, in any street, ~ e n a ~ t y on owners of

dogs attacking per-

thoroughfare, or public place of the said City of Adelaide, or upon ,,,

,,

any highway or thoroughfare in any part of the said Province, rush horn.

at or attack ally person, or horse, or bullock, or other cattle,

whereby the life or limbs of any person shall be endangered, or

property injured, such dog shall be liable to bc immediately killed

or destroyed, and the owner or keeper of every such dog shall forfeit

and pay a penalty or sum 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 llsave occasioned.

or any dog which shall be destroyed in conformity to the provisions 9. And be it Enacted, That for every unregistered dog so seized, :;;gf:ro?;gs$i$g

of this Act, there shall be paid to the person so seizing or destroying the same a reward of Two Shillings and Sixpencc, or

if

if the dog so destroyed be of the native breed, or ally mongrel or cross of such breed, then a rcward of Sevcii Shillings and Sixpence, on proof being adduced to the satisfaction of the Palicc Magistrate, or of any Special Magistrate or Justice of the Peace; and if any dog sball have been so destroyed within the boundary of the City of Adelaide, proof shall be given that such dog, so destroyed, was immcdlately removed from the streets, or buried, or otherwise disposed of, so as to prevent nuisance or annoyance to any of the inhabitants thereof: Pro- vided always, that in every such case in which a rcward shall be claimed for the destruction of any dog, the p a y applying for such rcward shall produce to such Police Magistrate, or Justice, the scalp of every such dog, which shdl be immediatelv burned or otherwise destroyed in the presence of such ~o l i ck

Magistrate or Justice, or of some person duly appointed by him, so as to prevent any claim for reward being again made in respect thereof.

~ a t a p r o o f s o f o m e r -

ship.	10. And be it Enacted, That, in any prosecution under this Act, every dog &:all be taken to be kept bp the person who shall be in
the actual occupation of the house or premises upon which such
dog shdl be found, unless reasonable proof to the contrary shall be adduced by the defendant; and the person by whom any dog shall be ordinarily kept, shal! be liable to the several provisions of this Act, as the keeper of such dog, whether kept for his own use or that of another: Provided that with respect to any dog kept or used by a servant upon such premises, the same shall be deemed to be kept by his master or employer for the time being.

~ c t not to apply to 11. And be it Enacted, That iiothing herein contaiued shall be

sheep dogs, &c.	deemed to apply to any dog actually employed in driving sheep or cattle, or to any dog passing through the said City of Adelaide and accompanying a cart, dray, or other carriage, if chained or other- wise securely fastened thereto, or muzzled, unless such dog shall be
usually kept within the boundaries of the said City of Adelaide, or within ten miles of such boundaries.
Penalty on constables
not destroying dogs	12. And be it Enacted, That if any constable shall neglect, when called upon, to destroy or to use his best cndcavours to destroy any dog which shdl be at large contrary to the provisions of this Act, within his division, district, or ward, every such constable shall, for every such neglect, forfeit and pay a sum of not less than Ten nor more than Twenty Shillings.
improperly at large.
Penalty on constablea
killing dogs not im-	13. And be it Enacted, That if any constizble or other person shall wilf~dy or maliciously kill or destroy any dog which shall not be at large contrary to the provisions of this Act, such constable or other person shall forfeit and pay to the owner of such dog the full value thereof, and also a penalty or sum of not less than Twenty Shillings nor more than Five Pounds.
properly at large.

14. And

14. And be it Enacted, That one rnoicty of every fine or penalty imposed under illis Act, shall be paid to the person or persons who	Appropriation of fees,
&c.
shall sue fbr the same, or who shall give such information to the police as may lcad to conviction, and the other moiety of every such fine or penalty, and also all fees, s l d l be paid to the Coloiiial Treasurer, or to such other officer as shall be appoiuted by tlic Lieutenllut-Governor on behalf of Her Majesty, her heirs, and sue- ccssors, for the public uses of the Proviucc L L L ~ support of the Government thcrcof.

15. And be it Enacted, That all penalties and sums of money ill- 8ecovery ofpena~ties, &c.

curred or payable under this Act, sllall and may be recovered be- fore any two or more Justices of the Peace ill u summary way, a r d any party aggrieved by m y adjudicatior~, order, or couvictiou, may appeal tl~cn+om acc&ding to the laws of tlie said Province for the time being fbr ~egulating slxrnnlary proceedings before Justices of

the Peace.

16. And be it Enacted, T l ~ t ill tlie construction of this Act, the constructioi1 o f ~ c t.

word dog7' shall bt: understood to inclnde a d s l d l be applied to several clogs as well as to one clog, and to feninle dogs ins well :IS to ~nales,

1 7. And be I t furtllcr Enactec?, That it shall bc lnwfid for the Act "W be cxtellded to other tmvns, &c.

Lieutena~~t-Go~er11or for the time being, mllellevcr lie shdl see fit,

to extend the provisions of this Act to ally towi, village, li~uidred,

or district, withill the Proviuee aforesaid, by notice to that eff'ect

y ublislled in the South Australian Goverrutwnt Gazette.

18. Aild be it Enacted, That this Act s l d comnlemx and take c o ~ l l m ~ ~ ~ t of

Act.

cfict ii-unr the first day of I h x m b e r nest.

J OIIN MORPLIETT, Speaker.

F. C. SINGTAETON,

Clerk of the Legislative Council.

Jn the name and on tlie behalf of Her Majesty I assent to this Act.

H. E. P. YOUNG,

Lieutenant-Governor,

Government House, Adelaide,

October 11, 1852.

Schedules

SCHEDULES REFERRED TO,

F o w OF !.OTICX OF KEGISTEEING DOGS,

A descript~ou of' dogs intended to be kept by A. B., of

i l l during the year ending on the

day of 185.

Prex~lises ou ~vl~ic l i each

Number. dog is iutendcd to be Sex Age. Color, msrks. or peculiar 1 Jhcr ipt ion, or kiud of dug.

kept.

I I

I, A. X., do declare the above list a i d description to he true

in wery particular, to the best of my knowledge and belicf.

A. B.

S. d.

For each dog . . .. . . ... . - ... I 0

Received this dev of 185 , the sum

of 7 for dogs registered by A. B., in

for the year ending on tlic	day of	185	.
C. D. Clerk of	.

-- - -- -. . - -P . - > - -- - - -- - - --

m - - -- ---W ----p- - - - -- S -"A .. - -- ---m

ADELAIDE: rrlntcd by authority, by W. C. Cm, Co~ernmenb I'rinter, Victoria-square,