Dogs Act 1867 (SA)

ANNO TRICESIMO PRIM0

No. 6.

An Act to Consolidate and Amend the Laws relatz'ng to the Registratio~z

of Dogs, and for onaki?zgfurther Provisions for the Prevention

o f Damage done by Dogs in h u t h Australia.

[Assented to, 1 9th December, 1867.3

HEREAS it is expedient to consolidate and amend the laws Preamble.

W relating to the registration of dogs, and to make further pro- visions for the prevention of damage done by dogs-Be it therefore Enacted by the Governor-in-Chief of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of ~ssembly of the said Province, in this present Parliament assembled, as folloks:

to be districts far the purposes of this ~ c t ; and all persons appointed to keep the registers required by the said Acts, shall be Registrars under this Act; and all placcs at which such registers have been appointed to be kept, shall, until some other place is appointed under the provisions hereinafter contained, continue to bc places for keeping the registers under this Act; and all dogs registered under the said repealed Acts, shall be deemed to have been duly registered under this Act, for the period during which such registration would have continued in force if the said Acts had not berm rcpealed; except also

1. This Act may be cited for till purposes as L L T h ~ Dog Act, ~ h m t Title.

1867."

2. 'bThe Dog Act of 1860," and an Act, No. 9 of 1861, intituled Repeal.

"An Act to amend the Dog Act of	180," are hereby repealed,
except that all districts under the +said	repealed Acts, shall con tinuc

31" VICrI.'ORIIE, No. 6.

The Dog Act.-1867.

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also as to any other things done, appointments made, offences com- mitted, penalties incurred, or proceedings instituted previously to the passing of this Act: Provided that no Act by the said Acts or either of them repealed shall be hereby revived.

Interpretation, 3. In the construction of this Act, unless the same shall be incon-

- sistent with the contest, the word "dog" shall be taken to mean and

eC - include female as well as male dogs; in this Act

contained shall be deemed to apply to belonging

rl"

to the aboriginal inhabitants of the

Corporate towne and

District Council8 to	4. All corporate cities and towns, and all districts proclaimed under the provisions of thc Ilistrict Councils Act, 1858, shall bc districts for the purposes of this Act, and to each such corporate city, town, and districts the Governor shal1, by notice in the Govern- ment Gazette assign a scpamte and distinct number.
be districts.
Governor may pro-
o h m districts.	5. The Governor may from time to lime, by Proclamation in the Goz;ernment Garetk, di~ide such portions of thc said Provincc as to him inay seem expedient (not being within tllc limits of any such corporate city, town, or district, as aforesaid) into districts for the purposes of this Act, and may define thc limits and bollnilaries of such districts, and assign to each rt separate and distinct number; and such districts, or any of the districts proclaimed under the said repealed Acts, or either bf them (not bring corporate cities, towns, or districts RS aforesaid), or the limits or bounciaries of such districts or
any of thcnz, may from time to tiinc alter and v a y,
Appointment of	6. All Corporations and District Councils in their respective districts, and the Commissioner of Crown Lands in a11 other districts, shall from time to time appoint a place or office at which the rcgis- ters hwchy required to bi kept shall be kept, and may also from
Bcgistrare of Dogs.
time to time appoint some fit and proper person to be ltcgistrar of Dogs within such districts respectively, and nmy from time to time
rcmove any such Registrar so to be appointed, or who has been herr- tofore appointed under the said repedeed Acts, or cithrr of them, to keep the registers thereby required, and appoint another in his stead; and a notification of the appointmcrrt or removal of any Registrar as aforcsaid, signed by the said Commissioner of Crown Lands, or by the Mayor of any such corporate city or town, or the Chairman of any such District Council (as the case may be), and published in thc Government Gazette, shall be conclusive eyidencc of such appointment or removal for all purposes.
Police officere may

be appointed ex @cio 7. The Commissioner of Lands may, if he shall think fit,

Regimtrars. appoint the police officer time being in charge of any

Police Station to be ex for any district within which

k f i 3 f lu 21 20 $/such station is situated, city, town, or district

as aforesaid; and to time in charge

' 4,	.7	of such station	in the same manner
as if he had been officially -apppinted by name.

8. The

31" VICTORIB, No. 6.

The Dog Act.-1867.

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8. The owner of any unregistered dog, who, after the passing of this Act, shall keep the same within any district as aforesaid, for a	Penalty for keeping
unregistered dog over
three rn~nths~old.
period of fourteen 'days (unless such dog is under the age of three calendar months), shall rfeit and pay for cvery such dog a penalty	~ 4 4 5 % ~ '" f14

or sum of not less tha Pound nor more than Six Pounds: -

Provided that, on the hearing of any information the onus of proving	m C
that such dog is under agc, or has not been kept for thc pcriod

above specified, shall be on the defendant. t

I , " ' ') vb

9. Any person desiring to register a dog shall deliver to the Modeofregistcring dogs.

Registrar of the district within which such dog is intended to be kept a description of such dog, embracing the several particulars contained in Schedule A to this .Act, with a declaration thereunder written to the truth of such particulars, and shall pay to such Registrar the sum of Five Shillings, who shall thereupon, on demand, give to such pcrson a copy, certified under his hand, of the descrip- tion of such dog so delivered by him as aforesaid, and a receipt for the sum paid in the form in Schedule B to this Act; and any Registrar who shall, on being requested, refuse or neglect to give such copy or receipt shall forfeit and pay the sum of One Pound.

10. On delivering the description and paying the fee as provided Time for which r+s- tr &ion t o continuu in

by the la,st section, the dog mentioned in such description shall be force, deemed to be duly registered under this Act for the period next 4 -:j& a-- f-

mentioned, and no longer; that is to say	,J<c.fi?	c	n
effected on or between the first clay of J	h

PCY/7r "5q.C

of December in any year, such dog shall b

until the first day of July then next ensuing; L k -a U ., k c

effected on or between the first day of J

day of June in any year, then such dog shall be de

tered until the first day of July in the ye

11. If any registered dog shall die, the owner thzreof may possess Dog may be aubati-

and keep in lieu thereof for the remainder of the period for which dog dying.	tuted for regi~tersd
such dog was registered any other dog without registration, or if any change shall take place in the ownership of any ,registered dog, such registration shall continue in force until the expiration of the term for which such dog was registered: Provided that such owner shall within fourteen days of his becoming possessed of such other
dog, give notice thereof to the Registrar of Dogs for the district in
which such dog shall be kept, and such notice shall contain a description of such dog, embracing the sweral particulars contained
in the said Schedule A to this Act,

12. Any person being :the owner of a registered dog, may remove Registered dog me

such dog to any other district other than the one wherein such (log di8triet.	be removed to anot er	1
is registered without payment of any fee.

13. Any person who shall 'wilfully insert or omit in any deserip- P ~ & Y for miw

&m required by this Act any matter or thing contrary to, or for the deacriptioh.

purpose

The Dog Act.-1867.

purpose of concealing the truth, shall forfeit and pay a penalty of

not less than Two Pounds nor more than Five Pounds.

LiatafpPrsonswia-

tsring dogs to be	14, The Registrar for each district shall keep in some convenient part of his office, during office hours, for public inspection, a correct list, arranged in alphabetical order, of the names of the persons who shall have registered any dog during the current year, and showing the numbers registered 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
exhibited.
a fec of One Shilling.

re@skwa Or

without collars may 15. Any person may seize and detain any clog not duly registered

be seized a d killed. as aforesaid, and upon notice thereof given to any Justice of the

- Peace for thc said province, such ~ustice shall summon the owner,

/ja/p+p P '3 g,? - -& * -&/lC) 1,- or reputed owner, or keeper to appear and claim such dog; and if

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3=J&

such owner or keeper or some one on his bchalf, shall not, within

&c .

P O -

twenty-four hours' notice after service of such summons, or within such further time as such Justice may deem reasonable, attend and claim such dog, or if the owner or keeper ofpch dog be unknown, the same shall be forthwith killed; and any dog, whether registered or not which shall be found at large in any part of the said Province, not being under the immediate custody, protection, or control of some competent person, and not having a collar round its neck, with the number corresponding to the register of the same, the number of the district in which such dog is registered, and the iialne of the owner or keeper of such dog, legibly inscribed thereon, surli inscription to be in the form in Schedule C to this Act; or if a

mastiff or bull dog, or a mongrel of either of the same, not having

in addition to such collar, a muzzle securely fixed upon the mouth, so as to prevent it from biting or injuring any person or property, shall be liable to be immediately killed or destroyed; and all persons

are hereby authorized, and all constables and Crown Lands Rangers,	especially ordered and required to kill and destroy every dog so
found at large contrary to the provisions of	this -4ct.

Rewardaforeeizing

and destroying dcga preceding section, or any dog which shall be destroyed in con. 16, For every unregistered dog seized as mentioned in the last forniity to the provisions of this Act, there shall be paid to the

. 3 2 o 4 person so seizing or destroying the same a reward of Two Shillings

~ 2. 9 c . L5-. and Sixpence, on proof being adduced to the satisfaction of any Justice of the Peace for thc said Province of such seizure or destruction; Provided that if any dog shall have been so destroyed within the boundary of any township, town, or city, proof shall also be give11 that such dog, so destroyed, was immediately removed from the streets, or buried or otherwise disposed of, so as to prevent nuisance or annoyance to any of the inhabitants thereof: Provided also, that in every case in which a reward shall be claimed for thc destruction of any dog, the party applying for such reward shall produce to such Justice the scalp of every such dog, which shall be immrdiately burned or otherwise destroyed in the presence of such

J~isticc.

Justice, or of some person duly appointed by him, so as to prevent any claim for reward being again made in respect thereof; and such Justice is hereby required to give to the person so seizing or destroying any dog, an orcler under his hand for pnyincnt of such reward as aforesaid.

the provisions of this Act, within thc limits of any corporate city, and destroying doga. 17. Rewards for dogs which s l d l be destro;vcd in conformity to Beward for aeizing

or town, or district under the District Councils Act, shi~ll be paid to the person destroying the same, by the registrar of the district in which such dogs were seized, out of the moneys reccived by such registrar, undcr clause 9 of this Act, on production of an o~der

siqned by any Justirc of the Peace lnentioiml in clause 16 of this

~ c t.

having a collar round its neck, with the number corresponding to on. 18. The owner of every clog that shall be found at large, not Dogsto have coUm 4

thc register of the same, and the number of the district in which such dog is registered, shall, upon conviction, forfeit and pay for every such dog, a penalt~- of not less than Fivr 8hillinBL, CJ'S 1101' lnol'e

than Fortv Shilling%.

19, If any dog shall, in or upon any street, thoroughfare, high- P e n W dogs attncking on owners peraona of

way, or public place in any part of the said l'rovinec, or on any or frightening horaen.

privatc property other than the property of the owncr of such

dog, rush at, or attack any person, or any horse, bulloclr, cattle or

othcr animal, whereby the life or limbs of any person shall be

endangered, or shall, in any othcr way, injurc or endanger property,

such dog shall be liable to he immediately killed or destroyed, and

the owner of every such clog shall, on conviction, forfeit and pay

a penalty of not less than Forty Shillings, nor more than Fivc

Pounds, for every such offence, and the party damnified may also recover from such owner the amount of the damage done by

such dog.

20. The owner of every dog shall be liable in damages for injuries Owner of dog liable

to any sheep or cattle done by his dog; and in any such case it shall juries done byhisdog in damages for in-

not be necessary to show a previous mischievous propensity in such; ? ~ ~; ~ ~ ? ~ ~ ~ -

dog, or that the injury was attributable to neglect on the part of propensity, &C.

such owner.

21. If any Constable or Crown Lands Ranger shall neglect, when Pemlt~ on.conabblen

called upon, to destroy, or to use his best endeavors to destroy any impmperly it	not destroying dog8
dog which shall bc at large 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 andipay a sum of not less than Two Pounds nor more than Five Pounds.

22. If any person shall wilfully or maliciously remove from the ~negpliy removing

neck of any dog the collar required by this Act to bc worn by s u c h g; g zOe

dog. mch person shall, on conviction, forfeit and pay for each offence '@4-

,,&C . tC; -

a,

l '

The Dog Act.--1867.

a sum of not less than Two Pounds nor more than Five Pounds; and the owner of any dog that may have been destroyed under the pro- visions of this Act, in consequence of thc removal of such collar, may also rccovcr from the pcrson so removing such collar as afore-

said, the full value of the dog so destroyed.

On constarns 23. If any constable or othcr person shall wilfully or maliciously

killing dogs not im-

properly at large, kill 01 destroy any dog contrary to the provisions of this Act, such constable or other person shall forfeit and pay a penalty or sum uf not less than Twenty Shillings nor more than Five Pounds, and the owncr of any dog so killed or destroyed may also recover from such constable or other person the full value of such dog.

Who shall be deemed 24. In all prosecutions, actions, suits or proceedings, instituted by

the owner of the dog. virtue of this Act, the occupier of any house or premises where any

dog was kept, or permitted to live or remain, at thc time when the injury was done, or the act complained of was committed, shall be deemed to be the owner of such dog, and shall be liable as such, unless the said occupier can prove that he was not the owner of such dog at the time thc injury was done, or act complained of was com- mitted, and that such dog was kept, or permitted to live or remain in the said house or premises without his sanction or knowledge: Provided that where therc are more occupiers than one in any house or premises let in separate apartments, or lodgings, or otherwise, the occupier of that particular part of the prerniscs in which such dog shall have been kept, or permitted to livc or remain, at the time of such injury or act complaineci of as aforesaid, shall be deemed to be the owner of such dog: And any person having registered a dog, shall be deemed to bc the owner of such dog, unless he has given notice to the registrar that he has ceased to be the owner of such dog.

Proof of ~egiatration.	25. In any proceedings under this Act it shall not be necessary proof of due registration shall be on thc defendant; and for that	for the informant to establish t,he fact of non-registration, but the	purpose a certified copy of the description of the dog hereinbefore required to be delivered for the purpose of such registration shall, under the hand of the registrar of the district where such registm- tion was effected, be equivalent to the production of the original, for which certified copy there shall be paid to such registrar the fee of One Shilling, unless such copy shall have been applied for at the iime of registration, in which case the same shall be dclivered without any fee whatever.
Damqea mcry be re-

covered in any Court, 26. The amount of the damage done by any dog may, in all cases,

or when same do not be recovered in any court of competent jurisdiction, or, where the

exceed ~ 6, by sum- amount of the damage claimed does not exceed Five Pounds, the

mary proceeding^	same may, at the option of	the party damnified, be recovered before
before Justices.

& c 7. 3 ~ 0 a Special Magistrate, or two or more Justices of the Peace, in a

4 summary way, and such damages may be awarded in addition to

I & - -	any fine or penalty which may be inflicted on the hearing of any
iilforniation. 27. All

31° VICTORIB, So. 6. 51

27. All proceedings for offcnces against this llct in respect of 13mcoeaing~ to be

heard and determined

which any pecuniary fine or penalty is imposed, or wherc any person Ordin(UIOrt No,

s h d seek to recover damages not exceeding Five Pounds in a sum- 6 of 1860.

mary way as hereinbefore mentioned, shall be heard and determined, and such fines and penalties may be inflicted, or damages awarded, or such fines and penalties may be inflicted and da,mages a~varded

in a summary way by any Special Magistrate or two or more Justices, under the provisions of an Ordinance of the Governor and Legislative Council, No. 6 of 1850, To facilitate the performancc of the cluties of Justices of the Pcace out of Session with respcct to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions arid orders; and all convictions and orders

may be enforced as in the said Ordinance is mentioned.

28. There shall be an appeal from any- conviction by any Gpccial ~;$~l~('$$$l

hIagistrute or Justices for any offence against this or from ally Jurisdiction.

L, 4

orcler awarding &amages or d&iissing any i~dormation or complaint, or from any order for payment of costs or otherwise, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction onlp, and the proceedings on such alyxal shall bc, conductecl in manner appointed by the said Ordinance, KO. 6 of 1850. for appeals to Local Courts, or as may be appointed by any other Act hereafter to be in force for regulating snch appeals; but the Local Court of Adelaide aforesaid makc snch order as to payment of thc costs of appeal an it slmll think fit, although such costs may excced Tw Pounds.

29. The Local Court of Adelaide, upon the hearing of any appeal, boar il,g of Local Gorut, upon

s t a b spccial

may state one or more specid case or cases for the oljinion of the map spccial case or cascs according to the practivc of thc Suprcmc Court

on special cases, ailcl the Ruprenic Conrt may make snch order as to

costs of any spcrial case as to thc said Court shall appcnr just; and

the said Tlocal Court of Adelaide, shall makc an order in respect to thc matters rcfcrred to the Supreme Court, in confolmity with t,hc certificate of thc said Supreme Court, or of any Judge thereof; which orclcr shall be enforced in manner provided for the enforcement of orders of Justiccs uzder t,he said Ordinance KO. 6 of 1850, or to bv provided by any Act to be hereafter in forcc as idoresniilt.

30. Save as hcrein provided, 110 order or proceeding of uny rnocdrti~r*ri-

Special Magistrate or Justic~s, ~nadc under the authoritv of this Act, shall be appcalcd against, or removed by certiorari or 6thrnvicc, into the Supreme Court of the said Province.

31. One moiety of every fine or penalty iniposcd unticr this Act, Disposal of fees, &c.

shall be paid to thc person or persons who shall sue for thc same, or who shall give such information as may lead to conviction, and the other moiety of every such fine or penalty, and also all fees (except a,s hereinafter provided), shall be paid to the Treasurer on

behalf

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The Dqq Act.-1867. - -p-- --. -- - - -- - -- --v--

-A.--- --

behalf of I'icr 3l;rjesty, E h lsei~.s, and suc4c.essors, for tlrc public uscs of the said Province, and in support of thc Government thcreof: Provided that all fees received for the registration or otherwise of dogs intended to be kept within the limits of any corporate city or town, or district under the District Councils i4ct, and also the moiety

of all fines and penalties (otherwise payable to the Treasurer)

imposed within the liinits of any such cit,~?, town, or district, shall be paid to the Corporation or ~ i s t r i c t * Council within whosc district such fines or penalties inay have bccn imposed or fees received.

NO^ to alter clause 22 32. Nothing in this A-ct contained shall bc taken or deemed to

rmpOmding Act

1868.	repeal or alter the twenty-second clause of	Thc Iinpoundiiig Act
of 1858."

made by Governor for Begulntions may be 33. Thc Governor may mike such regulations as he shall think

travelling expenses to fit, for the purposc of providing for the pagnlcnts of rcwards papblc registrars. under this Act, and for the payment, allo\vancc:s, ant1 travelling

expenses of registrars of districts othcr than corporate cities, towns, or districts proclaimed under the District Councils Act, 1858, as aforesaid.

In the name and on behdf of thc Queen I hereby assent t o

this Act.

D. DALY, Governor.

31" VICTORIX, No. 6.

Tlte Dog Act-1867.

SCHEDULES REFERRED '1'0.

FOI~M OF NOTICE OF REG~STEEXNG I")ous.

A description of (four) dogs intended to be kept by LAB.], of (Adelaide), in

(Adelaide), during the year ending on the thirtieth day of dune, 18.

I'remises on which each Color, nr pacnlinr Dc seriptioa or

Number. dog is intended to be Sex Age.

kept. madis. kind of dog.

- --p-

- ---

---

-7	2	l
3
4

I. h. H.. do declare the above list and description to be truc in cvery particular, to -

thc.best of my knowledge ard belief.

A. R.

F o a x OF RECEIPT.

No. of Receipt	No. of District
Locality -

Received this ' day of 18 , the sum of Five Shillings

for one dog registered by A. B., of for the year ending on the

thirtieth dav of June. 18 .

No. in rkister L '1	C. D., Registrar of Dogs, District No.
*

By ianthoriY,' W.