Native Dogs Destruction Act 1852 No 44a (NSW)

No. XLIV.

AN Act to facilitate and encourage the destruction

of Native Dogs. [28th December, 1852.]

W H E R E A S w i t h a view to t he des t ruc t ion of the Na t ive Dog i t is

expedient t h a t t he owners of conterminous r u n s should be
l iable to assessment in order t h a t t h e y m a y be compelled to pay a fair

con t r ibu t ion propor t iona te to the benefit t hey m a y derive from the

labor a n d expend i tu re of the i r more energet ic ne ighbours Be it

enacted by H i s Excel lency t h e Governor of N e w Sou th W a l e s wi th t he advice a n d consent of t he Legislat ive Council thereof as follows :—

1. A n y owner or propr ie tor of any stat ion or es ta te stocked with sheep cat t le or horses w h e t h e r wi th in or beyond t h e Sett led

Dis t r ic ts m a y by himself or his super in tenden t or overseer t ender to the neares t Cour t of P e t t y Sessions in t h e form or to t he effect in Schedule A appended to th is Ac t for d rawing t ra i l s a n d l ay ing m e a t or any o ther sui table food poisoned wi th s t rychn ine u p o n the bounda ry or o the r l ines prac t icable for t h i s purpose as near as m a y be to t h e boundary l ines of any stat ion or s ta t ions es ta te or estates stocked wi th any such sheep ca t t le or horses of which he m a y be such owner or propr ie tor as aforesaid.

2. Eve ry such t ender shal l con ta in as accura te a descript ion as t h e p a r t y t ende r ing can give of such boundar ies a s t a tement of the dis tances or supposed dis tances from point to poin t of such boundar ies a n d t h e names of any adjoining s ta t ion or es ta te a n d of t h e owners and propr ie tors thereof who will be called u p o n to con t r ibu te towards t he expense incur red in t he performance or execut ion of any such tender .

neighbourhood of any such s ta t ion or es ta te .

4. I t shal l be t h e d u t y of t he pa r ty so t ender ing after t h e

3 . Every such t ender shal l be accepted by t h e Cour t of P e t t y

Sessions to which i t m a y be addressed and the reupon i t shal l be t he d u t y of t h e p a r t y m a k i n g t h e same to employ t h e requis i te n u m b e r of

horsemen or footmen according to t h e n a t u r e of t he coun t ry over

which such b o u n d a r y or other l ines pass to draw a long such boundary or o ther l ines a t ra i l weekly or bi-weekly or a t such o ther convenient periods as to t h e p a r t y t ender ing m a y seem fit and to lay down a t p roper distances m e a t or other food for Na t ive Dogs so poisoned as aforesaid for any per iod not exceeding twelve calendar m o n t h s a t any

one t i m e as any p a r t y so t ender ing m a y deem requis i te Provided

always t h a t any such tender m a y on t h e appl icat ion of t h e p a r t y t ender ing be cont inued for any fur ther period or periods which shall in t he discret ion of t he Jus t i ces in P e t t y Sessions be t h o u g h t requis i te to insure t he complete des t ruc t ion of the Na t ive Dogs on and in the

acceptance of his t ender to keep an exact account of t h e expense h e m a y i n c u r in t h e performance or execut ion thereof toge ther w i t h a

s t a t emen t of t he r ides t a k e n and work done by t h e several horsemen

or footmen w h o m h e may employ to draw such t ra i l s and poison	such
mea t or o the r food as aforesaid and such accounts and s t a t emen t s	m a y

be verified qua r t e r ly or oftener as t h e Jus t i ces in P e t t y Sessions m a y direct by any such owner p ropr ie to r or overseer as m a y be able to verify t h e same and by any ho r seman or footman w ho m a y be employed in t he performance or execut ion of any such tender .

5. U p o n t h e due verification of any such account and s t a t emen t

as aforesaid it shall be t h e du ty of t h e Jus t i ces in P e t t y Sessions t o

assess t he owners or propr ie tors of any con te rminous s ta t ion or es ta te in

t he whole expense ac tual ly incu r red by any p a r t y so t ender ing in t h e due execut ion or per formance of any such t ender and to fix t h e quo ta or p ropor t ion to be paid by each of t h e owners or propr ie tors of every such con te rminous s ta t ion or estate Provided always t h a t if any of t h e boundary lines of any such s ta t ion or es ta te shal l divide the same from lands of t h e Crown not in t h e occupat ion of any one ho ld ing a lease or l icense thereof t he quota or p ropor t ion of expense a t t ach ing to such vacan t lands unde r t h e provisions of th i s A c t shall be paid ou t of any

s u m which may be voted by t h e Legis la t ive Council for t h a t purpose

and such a m o u n t shall be assessed by the Jus t i ces in P e t t y Sessions

in l ike m a n n e r as if such lands were unde r lease or license.

6.    I n t he event of t he n o n - p a y m e n t by every or any such owner

or propr ie tor of t he quota or propor t ion so fixed to be paid by h i m or her wi th in fourteen days after t he award of any such Jus t i ces thereon i t shal l be lawful for any one or more of such Jus t i ces to issue his or the i r w a r r a n t and levy the same in a s u m m a r y way by sale of t h e goods

and cha t te l s of any such owner or propr ie tor so m a k i n g default .

7. I f any of t h e bounda ry lines be tween conterminous s ta t ions

or r u n s shall be imprac t icable or impassable	b y	means	of t h e	m o u n ­
ta inous or precipi tous n a t u r e	of t h e coun t ry	over which	such	l ines

pass or from any o the r cause so t h a t such bounda ry lines cannot be

r idden or cannot be t ra i l d rawn by t h e ho r semen or footmen employed in t he performance or execut ion of any such t ender it shal l be lawful in every such case for t h e p a r t y so t ender ing to cause a l ine t o be r idden or r u n a n d t ra i l s wi th poisoned mea t or food as aforesaid to be d rawn on some other l ine as nea r as m a y be pract icable to t h e rea l

bounda ry l ine or lines separa t ing any such conterminous s ta t ions or
estates from the s ta t ions or estates of t h e p a r t y so- t ende r ing	Provided

t h a t where a r iver forms a b o u n d a r y of any such s ta t ion or es ta te t h e

pa r ty so t ende r ing shal l d raw a t ra i l a n d lay poisoned m e a t or food	as
aforesaid on bo th sides of any such river.

8. A n y owner or propr ie tor of any con te rminous s ta t ion or es ta te aga ins t w h o m any quo ta or p ropor t ion of the expense i ncu r r ed in ca r ry ing ou t any such t ender m a y be so awarded may on deposi t ing wi th t he Clerk of any such P e t t y Sessions t he sum of t e n pounds appeal to t he neares t Cour t of Genera l or Q u a r t e r Sessions aga ins t such a w a r d and in t he event of such appeal be ing dismissed or no t duly prosecuted t he expenses of t he p a r t y in whose favour such award shal l have been m a d e shall be assessed by such Cour t of Genera l or Q u a r t e r Sessions

and shal l be added to t he a m o u n t of t h e said award the said sum of

t en pounds so deposited be ing credi ted to t h e appe l lan t a n d pa id over toward satisfaction of t he or iginal award and of such assessment of expenses.

9. D u r i n g t h e pendency of a n y such appeal t h e Jus t i ces in

P e t t y Sessions shal l suspend t h e issue of any	w a r r a n t	t o enforce	pay­
ment	of the i r award	aga ins t a n y p a r t y	so appeal ing .

SCHEDULE

SCHEDULE A.

I A. B . the Owner or the Superintendent or Overseer of A . B . (as the case may be) hereby tender for drawing trai ls and laying meat poisoned with strychnine upon the boundary lines of my station called or as near such boundary lines as may be practicable for the term of one year (or any shorter period the tenderer may desire) from the date hereof and I declare tha t the boundary line of such station on or towards the north commences a t (here state as near as may be the commencing point) and runs by compass (here state descrip­ tion of this line by the compass) about miles and that C. D. and another or others (as the case may be) is or are the owner or owners of the station called

conterminous to this boundary line that the boundary line of the said A. B.'s station on or towards the east commences at (here state as near as may be the commencing point of this boundary) and runs by compass (here state as near as may be the direction of this line by the compass) about miles and G. H . and another or others (as the case may be) is or are owner or owners of the station called conterminous to this boundary line tha t the boundary line of the said A. B.'s station on or towards the south commences at (here state as near as may be the commencing point of this boundary) and runs by compass (here state as near as may be the direction of this line by the compass) about miles and K. L. and another or others is or are (as the case may be) owner or owners of the station called conterminous to this boundary line that the boundary line of the said A. B.'s station on or towards the west commences at (here state as near as may be the commencing point of this boundary) and runs by compass (here state as near as may be the direction of this line by the compass) about miles and 0 . P . and another or others i s or are (as the case may be) owner or owners of the station called
conterminous to this boundary line.

A. B .

or

A. B . by his Superintendent.
C. D. or his Overseer.

E . F. (as the case may be).

To the Justices in Petty Sessions at