Prevention of Cruelty to Animals Act 1901 (NSW)

Act No. G4, 1901.

An Act to consolidate the Acts for the Prevention

of Cruelty to Animals. [24$ December, 1901.]

Assembly of New South Wales in Parliament assembled, and by the BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative

authority of the same, as follows :—

extent therein expressed hereby repealed.

PART I .

PRELIMINARY.

1. This Act may be cited as the "Prevention of Cruelty to

Animals Act 1 9 0 1 " and is divided into Parts as follows :—

PART I .—PRELIMINARY—SS. 1 - 3 .

PART IT.— OFFENCES PUNISHMENTS AND COMPENSATION-—

ss.	4 - 7 .
PART	III.—PROCEDURE—ss. 8 - 1 2 .

2. The Acts mentioned in the Schedule to this i\ct are to the

3. In this Act unless tlic context or subject matter otherwise indicates or requires—

"Animal" means and includes every species of quadruped and every species of bird whether in a natural or domestic state and all other animals dependent upon man for their care or sustenance or in a state of captivity.

" I l l t r ea t " includes " h e a t " "overdrive" "override" "abuse"

and " tor ture" also "knowingly overload" and "knowingly

" overcrowd"

" Justice " means justice of the peace.

P A R T II.

OFFENCES PUNISHMENTS AND COMPENSATION.

4. ( 1 ) Whosoever

(a)	cruelly illtreats or causes or procures to be cruelly illtreated any animal or
(b)	keeps or uses or acts in the management of any place for the purpose of fighting or baiting any animal or permits or suffers any place to be so used or
(c)	receives money for the admission of any other person to any place kept or used for the purpose of fighting or baiting any animal or
(d)	encourages aids or assists at the fighting or baiting of any animal or
(e)	conveys or carries or causes to be conveyed or carried whether in or upon any vehicle or not any animal in such a manner

as to subject such animal to unnecessary pain or suffering

exceeding five pounds or shall on conviction before two justices be	shall on conviction before any one justice be liable to a penalty not
liable either to the said penalty or if such justices think lit to imprison­
ment with or without hard labour for a term not exceeding three months without the option of a line.

( 2 ) A penalty of five pounds may be imposed for every day

on which an offence is committed under clause ( 6 ) or (c) of the last
subsection.

5. Whosoever at any time or in any manner unlawfully obstructs hinders molests or assaults any constable or other person whilst in the exercise of any power or authority under or by virtue of this Act shall on conviction before any one justice be liable to a

penalty

penalty not exceeding ten pounds or shall on conviction before two justices be liable either to the said penalty or if such justices think fit to imprisonment with or without hard labour for a term not exceeding three months without the option of a fine.

6. (1) Whenever a complaint is made against the driver or conductor of any hackney or stage carriage or the driver of any other vehicle for any olfcnce committed by him against the provisions of this Act the justice to whom the complaint is made may forthwith summon the owner of such carriage or vehicle to produce before him the driver conductor or other servant by whom the offence was committed to answer the complaint.

(2) If such proprietor or owner after being duly summoned
fails to produce the driver conductor or servant the justice before

whom such driver conductor or servant is required to be produced may proceed in the absence of such driver conductor or servant to hear and determine the case in the same manner as if he had been produced and to adjudge payment by the proprietor or owner of any penalty or sum of money and costs in which the driver conductor or servant is convicted,

(3) Any sum of money so paid by the proprietor or owner

may upon proof of payment thereof and of such servant's refusing or neglecting to be produced pursuant to the order of the justice be recovered in a summary way from the driver conductor or servant through whose default such sum has been paid in the same manner as
a penalty.

(4) The justice may if such proprietor or owner fails to

produce his driver conductor or servant without satisfactory excuse impose a penally of forty shillings upon such proprietor or owner as often as he is summoned in respect of the complaint until he produces the driver conductor or servant.

7. (1) Every person who by cruelly illtreating any animal does damage or injury to such animal or thereby causes damage or injury to be done to any person or property shall on conviction of such offence	pay to the owner of such animal (if the offender be not the owner	thereof) or to the person who or whose property has been damaged
or injured a sum of money not exceeding ten pounds by way of compensation to be ascertained and determined by the convicting justice.

(2) The convicting justice shall order the amount so

ascertained and determined to be paid forthwith by the person convicted to the person who or whose projterty is injured and such amount shall be added to the penalty (if any) imposed upon and the costs (if any) adjudged against the person convicted and the provisions of section seven of the Justices Acts Amendment Act of 1900 shall apply as if such amount and penalty and costs were payable under

one order. (3)

(3) The payment of such compensation or any imprisonment

for the non-payment thereof shall not prevent or in any manner affect the punishment to which such person or the owner of such animal may he liahle for or in respect of the illtroating of the said animal.

( 4 ) Nothing in this section contained shall prevent any

proceeding by action against such offender or his employer where the amount of damage or injury is not sought to be recovered under this Act,

PART III .

PROCEDURE.

8. (1) Any constable may upon his own view of the commission of an offence under this Act or upon the complaint of any other person seize and secure the offender and forthwith and without any other warrant or authority convey him before a justice.

(2) Every person making a complaint to a constable shall

declare his name and place of abode to the constable.

9. Every complaint under this Act shall be made within one

month after the cause of complaint arose.

1 0 .    (1) AVhenever a constable arrests any person having charge

of any vehicle or animal for an offence against the provisions of this Act he may take charge of such vehicle or animal and deposit the same in some place of safe custody as security for payment of any penalty to which such person or the owner of such vehicle or animal may become liable and the expenses which have been or may be necessarily incurred for taking charge of and keeping the same.

(2) The justice who hears the case may in default of

payment order such vehicle or animal to be sold for the purpose of satisfying such penalty and reasonable expenses in like manner as if the said vehicle or animal had been subject to be distrained and had

been distrained upon for the payment of such penalty and expenses.

1 1 . AVhenever it is by the oath of any credible person made to

appear to the satisfaction of a police or stipendiary magistrate or two justices that an offence against this Act has been is being or is about to be committed on or in certain premises such magistrate or justices may by writing under his or their hand authorise such person or some constable named therein to enter upon or into such premises and inspect any animal confined or kept there.

1 2 . (1) Whenever an action is brought against any person for

anything done in pursuance or under the authority of this Act the provisions of sections eight to fourteen inclusive of the Imperial Act eleven and twelve A'ictoria chapter forty-four as adopted by the Act

fourteen

fourteen Victoria number forty-three shall apply as though such person were a justice of the peace except that the time limited for commencing any such action shall be three months next after the act complained of was committed.

( 2 ) The defendant shall in all cases where he obtains

judgment upon verdict or otherwise be entitled to his full costs in

that behalf to be taxed as between attorney and client.

SCHEDULE.

Number of Act".	Title.	Extent of repeal.
14 Vic. No. 40	An Act for the more effectual prevention of	The whole Act.

Cruelty to Animals.

55 Vic. No. 5 ... The Criminal Law and Evidence Amendment The unrepealed portion

Act of 1891. of section 35.

No. 11, 1890 ... An Act to amend the law respecting Cruelty The whole Act.

to Animals.