Dogs Act 1860 (SA)

ANNO VICESIMO TERTIO ET VICESIMO QUARTO

A. D. 1860.

No. 9.

A n Act to repeal an Act No. 5 of 1852, intitukd " A n Act for

aba fit? y the nuisan re and ciuwqe to propta{y uc'casioncd by $he

great nivmber of ' Dogs which are lame in the Province of' 81,&

Australin," and to make other p~oaisions lieu rhereqf.

[Assented to, 17th October, 1860.3

L A S the Province of South i\nstr:dia is infested. by great P1eanlble.

~lurnbers of dogs, which are dhwed to go loose at all hours

WHEP' of the day and night, to the danger of passengers, as well as to the

g ~ e a t annoyance of the inhabitants a t large: And whereas mnch loss is occasioned to the owners of poultry, of sheep, and other small cattle, by the ravages of sucl-A dogs, as well as by dogs of the native breed-Be it therefore Enacted, hy the Governor-in-Chief of the Province of South Australia, xith the advice and consent of the i.egislntive Council and House of Assembly of' the said Province, in this present Parliament assembled, as follow^:

1. That from and after the coming into operation of this Act, the Act No. 5 of 1852, intituled '' An Act for abating the nuisance and damage to property occasioned by the great numhr of Dogs whici? are loose in the Province of South Australia," is hereby repealed. NO.

2. Any person who shall, after the coming into operation of AU clogs within tlra P~ovirtce to be re-

this Act, keep any dog within the sa7id Province, for a period of gistered fourteen days, without causing a description of every such dog so kept by such person to be registered, and such registr~tiou to be again made from year to year in manner hereinafter mentioned, shall forfeit and pay, for every such dog, a penalty or sum not s3 to dogB

exceeding Three Pounds : Provided always, that nothing herein undcr ur month8 OM.

contained shall he deemed to require the registration of aoy dog

under the age of six months, or which shall not have been kept as

M aforesaid

aforesaid for a, period of fourteen days, the proof of which shall

lie upon the owner or keeper of such dog.

Governor may divide 3. I t $hall be lawful for the Governor, with the advice and con-

tho Province into dis-	sent of the Executive Council, in order to facilitate the carrying out
tricts to faoilitate t b c
cnrrying out of this	the provisions of this Act, by proclamation in tbe Govrmment
Act.	Gazette, to divide the said Province into districts, and to define the limits or boundaries of such districts, and from time to tirrle to alter and vary such districts; and to appoint in each district a place or oEce at which dogs may be registered under the provisions of this Act, and at which the registers required by this Act, shall be kept; and to appoint a person in each dietrict to keep such regis- ters, and make such entries as by this Act required; and to assign to each such district n separate and distinct number: And all
Districts to have die-
tinguishing numbers.	Corporations and District Co,uncils shall be proclaimed districts under this Act, aud shall have the working and carrying out of tlie
provisions of the same within their ~espective districts.

Mode of registeriug 4. Every such-registratiou shdl be made by the owner or keeper

'	dogs.	of my dog intended to be registered, or some person on his or her behalf, delivering at the office appointed in each district, a descrip- tion of slrch dog, embracing the several pnrticulnrs containcd i n the Schedule to this Act mrrexud, marked with the letter A, with a declaration thereunder written to the truth ttlereof, under the hand of such owner or keeper, or of some person in that behalf du\v authorized, and every such registration shall be deenwd to he iil force from the day upon which the same sl~all bc made until the first day of July tlren next ensuing, and no longer; and slmll, by every such owner or keeper, or some person 0x1 his or her behal( be in like manner again made, from year to year, so long as anv such dog shall continue to be kept within the boundaries of such district: Yrovided, however, that every such 1q$slratisn which shnl he made after the month of Decerrher in any year slid1 be deemetl to be in force until the first day of Joly, in the year then ecxt ensuing.
5. If any person shalI wilfklly insert or onlit, ar wilfully cause or permit to be inserted or omitted in anv such description, m y rnnttw or thing whmtsoever, contrary to, or ?or the purpose of roncealing the truth, he shall forf'eit and pay n perialty or S U I I ~ of not less than Twenty nor more than Forty Shillings.
Penalty for false de-
scription,
6. 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 making the s:Ime, the sum of 'l'cn Shillings in respect of every dog mentionerr in such registration, and until such amount shall have been so paid, no such re istra&km hall be deemed to have been d u l ~ made; and every O eer for that purpose duly appointed, to whom sucb payment shall be made, shall, on demand, give a copy of such rcgist&tim, distinguished by a number, certified -under his hmd, and a receipt for the sum paid, in the form ?n the Schedule to this Act annexed, marked with the letter C; arid any such Officer, who shall, on being
Fees on registration,

required

required, refuse or neglect to give such copy or receipt, shall forfeit

and pay the sum of One Pound.

7. In any proceedings under this Act it shall not be necessary for the iriforrwult 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 (lfficer so appointed, where the same was made, shall be equivalent to the production of the original, for which certified copy there shall be paid to such Officer the fee of Oxre Shilling and no more, unless such copy shall have been applied for at the time of registration, in which c&e the same shall be delivered without any fee whatever. of re@ration-

8. The proper officer as atoresaid in each district shall keep in some Lisb of pcr~ons re&-

tcrlw dogs to be

couvenient part of his office, during office hours, for public inspection,	exhibited.
a correct list, arranged in alphabetical order, of the names of the persons who shall hi~ve registered ally dog during the current year,

and shewing the i~urnbcrs rcgistercd by cacli; a ~ l d any person %-p-

plying for tile particulars of' any dog so registered, a d of the name of the owner or keeper thereof, shall be erititled to receive the same on payment of a fee of Oue Shilling.

9. I t shall and may be lawful for n ~ i y person within the said Proviuce, ? ~ ~ t t V ~ $ ~ ~ ~ ~ ~ R o r

to seize and detain my dog not duly registered as af'orwaid, and upon bc scizr<I ,m1 killcd.

notice thereof given to any J~wtiee of the Peace for the said l'rovi~rce,

such Justice shall summon the ow~ier, or reputed owner, or keeper, to appear and claim such dog; ancl if such owner or keeper, or some one on his behtllf, shall not, witliirn twenty-four hours after service of such summons, or within such f i ~ r t h c ~ h n e as such .Justice may deem reasonable, attend and claim such dog, or if the owner or keeper of such dog be uxlltnown, the sarne sliilll be forthwitll killed; and if any clog, whether registered o-r not, shall, after the coming into operation of' this Act, be found at large in any part of the said Province, and without being under the immediate custody, protec-

tion, or control of some competent person, or unless such dog shall	have a collar round its neck, with the ~luwiber corresponding to the
register of the same, the number of the district in which such dog
is registered, and the name of the owner or keeper of such dog,
legibly inscribed thcreon, such inscription to bc in form D of the Schedule to this Act; or if a mastiff, or bull doq or a mongrel of' either of the same, unless it slid1 have, in addidin to such collar,
a muzzle securely fixed upon the mouth of every such dog, so as to
prevent tbe sarne 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 immediately killed or destroyed; and $1 persons are hereby authorized, and all constables, and Crown Lands Rangers, especially ordered and required to seize, kill, and destroy every such dog so found at large rtccordingly.

10. If any doq shall, in or upon any street, thoroughfare, highway, pVnaRy on omersof do68 attacking perwr*e

W public place in snv part of the said Provincr, or on any private Or frighboing horses. property other than ihe property of the owner or keeper of such

dog

dog, rush at or attack any person, or any horse, bullock, cattle, or other animal, whereby the life or limbs of any person shall be endangered, or s l d l in any other way injure, or endanger property, such dog hall be liable to be immediately killed or destroyed, and the owner or keeper of every such dog shall, on conviction, forfeit and pay a penalty or sum of not less than Forty Shillings nor more than Five Pounds for every such offence, over and above the amount of any damage which such dog

mqy have occasioned.

11. For every unregistered dog so seized, or any dog which shall

Rewmd'for and destroying doge.

be destroyed in conformity to the provisions of this Act, there shall

C be paid to the person so seiziug or destroying the same a reward of Two Shillings and Sixpence, or if the dog so destroyed be of the native breed, or any niongrel or cross of such breed, then a reward of Two Shillings and Sixpence, on proof being adduced to the satisfaction of the Police Magistrate, or of any Special Magistrate, or Justice of the Pence for the said Province; and if any dog shall have been so destroyed within the boundary of any towcship, town, or city, proof shall be given that such dog, so destroyed, was immediately removed from the streets, or buried, or otherwise disposed of, so i s to prevent nuisance or annoyance to any of the inhabitants thereof: Yrovicled always, that in every such ease in which a reward slid1 be claimed for the destruction of any dog, t,he party applyiq for such reward shall produce to slxcl.1 Folice Magistrate, or Justice, tire scalp of every auch dog, which shall be immediately burned or otherwise destroyed in the presence of such Police 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: to proof* of owner-

ah1p.

12, In auy prosecution under this Act, every dog sllall be taken

to be k e p ~ by the person who shall be in theactual occupation of

the house or premises upon which such dog shall be found, unless

reasonable proof to the contrary shall be adduced by tHe defendant;

and the person by whora any dog shall be ordinarily kept, shall be

liable to the several provisio~~s of this Act, as the keeper of' such dog, whether kept for his own use or that of anotl~er: 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 nirtster or employer for the time being.

penalty on conrutables

not destroying dogs

13. If any Constable or Crown Lands Ranger shall neglect, when called upon, to destroy or to use his best eodeavors to destroy any dog which shall be at Inrge contrary to the provisions of this Act, within his division, district, or ward, every such Constable or Crown Lands Ranger shall, for every such neglect, forfeit and pay a sum of not less than Twenty nor more than Forty Sbilling,g.

i,,,pmperly at Large.

ao1lat.

l3agnlly removing

14. If my person s h d wilfidly or maliciously remove from the

neck of any dog the collar required by this Act to be worn by such

dog, such person shall, on conviction, forfeit for each offence a sum

of

of not less than Two Pounds nor more than Five Pounds; and, also, &all forfeit and pay to the owner of any dog that may have

been destroyed under the provisions of this Act, and in consequcnce

of the removal of such collar the full value of the dog so destroyed.

conatablecl

15. If any constable or other person shall wilfully or maliciously Pcna l t~ killing dogs not im-

kill or destroy any dog contrary to the provisions of this Act, properly at large.

suchConsta'de 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.

Appropriation of fees,

16. Oue moicty of every fine or penalty imposed under this Act, &, '

shall be pdd to the person or persons who shall sue for the same, or who shall give such infor~mtion as inay lead to conviction, and

the other moiety of every such fine or penalty, and also all fees,

shall be pdd to the Treasurer, or to such officer as shall be ap- pointed by the Governor on behalf of Hcr Majesty, Her heirs, and successors, for the public uses of the said ~rdvinee and support of the Governnlent thereof: Yr~vided that when any Corporation or District Couucil shall have the working and carrying 0u.t of the provisions of this Act within their respective districts, the moicty of every fine and penalty imposed, ancl all fees recrlived w i t h such respective districts, shall be paid to the Corporation or District Council withill whost: district such fines or penalties may have been imposed, or kes rt?ccived.

17. All penalties and sums of niolley incurred or payable mder Reco~ery of penal-

aggrieved by any adjudication, ordcr, or conviction, imy appeal therefrom according to the laws of' the said Provincc for the time being fur regulating summary proceedings before Justices of the Pace.

this Act, and also the nmouilt of any damage done by any dog, ties.

s l d andmay be recovered before any two or &ore dustices of the

18. In the construction of this Act, the word "dog" shall be Constructionof~ct.

understood to include and shall bc applied to several dogs as well

as to one dog, and to female as well as to male dogs.

19. Nothing in this Act contained shall be taken or deemed to ~ o t to dter clause 22

of Impounding Act of

repeal or alter the twenty-secand clause of "The Impounding Act

of 1858."

20 Nothing in this Act shall be deemed to apply to the tuuting Huntingdoga of the aborigines excepted

dogs of the aboriginal inhabitants of the said Province. from this A C ~,

21. This Act may be cited as “ The Dog Act of 1860." Short title,

22. This Act shall commence and take effect from B day to be z r m e n w m e n t

fixed by the Governor by proclanliltion in the Government Gazette, such dny to be not less that two months nor more than three months aker this Act shall have been assented to by the Governor Y on behalf of Her Majesty.

l N SCHEDULES

SCHEDULES REFERRED TO.

---+77--- -5

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

in during the year ending on the

day of 18 .

I Prernisea on which each Color, or peculiar Description, oT '.

Humber. dog is intended to be Sex. Age. marks. 1 kind of dog.

kept.

.

C

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

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

Received this day of 18 , the sum of 9

for dogs registered by A. B., in for the year ending

on the day of 18 .

No. of register L271

C. D,, Officer for the Registration of dogs, Di'titrict No.

D.

Nmnbel: of District, [12].

Xame of owner or keeper, [A. B.].

Number of Register [112J.

% -7

AbeIaide: Printed by authority, by W. C. Cox, Government Printer, Victoria-square.

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