Wild Dogs and Foxes Act 1889 (SA)

ANNO QUINQUAGESlMO SECUNDO ET QUINQUA-

GESLRf.0 TERTIO

No. 460.

An Act to provide for the Destruction of Wild Dogs

and Foxes.

[Asse~r fed f o, December 6t4, 1889.1

E it Enacted by the Governor of the Province of South Aus- Council and House of Assembly, in this present Parliament assem-	B tralia, by and with the advice and consent of the Legislative
bled, as follows:

1. This Act may be cited as "'The Wild Dog and Fox Destruction short title.

Act, 1889."

2, In the construction of this Act, except where the subject- Interpretation.

matter or context or other provisions hereof require a different con- struction, the following terms in inverted co~nmas shall have the respective meanings hereby assigned to them, that is to say-

(' Authorised person " shall mean m y person authorised by the Authoris~d penon.

commissioner of Crown Lands for the purposes of this Act:

C' Comrr~issioner " shall mean the Commissioner of Crown Lands Commissioner.

and Immigration for the time being:

C c Lease " shall mean any lease granted under any of the Crown L@a#e.

Lands Acts of land outside the boundaries of district councils and corporations:

Lessee '' shall include as well the original lessee of such land Les~ee.

held under lease from the Crown as the assignee or trans-

feree of such lease, and the devisee or personal representa-

tives of any such lessee, assignee, or transferee:

460 " s~dl;~ "

52' & 53' VICTORIW, No. 460.

The Wild Dog and Fox Destruction Act.-1889.

Scalp. '' Scalp " shall mean that portion of the skin of the head of any

wild dog or fox to which both ears are attached:

Scalp money. " Scalp money " shall mean a sum of money payable in respect of

a portion of the skin of the head of any wild dog or fox to

which both ears are attached:

Wild dog. Wild dog" shall include dingoes and any cross of the native

dog, and also dogs run wild.

Tax how levied and

applied. 3, A tax is hereby imposed of the sum of Sixpence on every

square mile, or portion of a square mile, of land held under any lease from the Crown. which tax shall be due and payable by the lessee on the thirty-first day of January in each ycar, commencing on the thirty-first day of January, one thousand eight hundred and ninety, and shall be paid to the Treasurer of the said province, and shall be applied to the formation of a fund for the purpose of paying for the destruction of wild dogs and foxes, as hereinafter provided.

Recovery of tax.	4, The said tax may be levied or recovered by or under the authority of the Commissioner, in like nlaxmer as any rent is or shall be recoverable under any lease; and in case such tax shall be levied by distress, an orcler under the hand of the Corn- missioner shall be a sufficient warrant and authority to distrain.
Pines on non-pay-
ment.	5. If the said tax, payable under the authority of this Act, is not paid on or before the day appointed for payment thereof, a yerdty of five per centum shall be added to such tax; and if the said tax or
sum be not paid within one month after such day, together with such
penalty, a further penalty of ten per centum shall bc added; and if the said tax and such penalties be not paid within one month after such first month, the same shall be recoverable by thc C~mmissioner by action in his own name in any Court of competent jurisdiction.

Scalp money to he 6, The Treasurer of the said province is hereby authorised to pay

paid out of tax.

out of the proceeds of the said tax, in respect of all wild dogs or foxes killed upon any lands outside the boundaries of any corporation or district council, a sum, to be annually fixed by the Commissioner and notified in the Govevnment Gazette, not exceeding Ten Shillings, for every such wild dog or fox.

S c a b o r headstobe	7, Any person applying for scalp money in respect of	any
produced,

wild dog or fox so killed as aforesaid, shall be required to produce and hand owr to somc authorised person, for the purpose of des- truction, the scalps or heads of such wild dogs or foxes, and to make a declaration before such authorised person who is hereby empowered to take the same, or before a Justice of the Peace, in the form or to the effect set forth in Schedule A hereto, that the wild

dogs or foxes, in respect of which he is applying for scalp money,

have been destroyed outside the boundaries of any corporation or

district council.

8, The

52' & 53' VICTORIW, No. 460.

The Wild Dog and Fox Destruction Act. -1889.

8, Every such authorised person shall, on the receipt of any Ce.tiacateof &PS to be forwarded to

comi,~oer,

scalps as aforesaid, make and sign a certificate and declaration in wild dogs or foxes, or his order, the amount to which he is entittled under this Act.

the form in the Schedule B hereto of the nu.mber of scalps so

destroyed, and shall forthwith forward such last-mentioned certificate

and declaration, and the declaration of the person applying for scalp

money, to thc Commissioner; and the Treasurer, on the order of the

statement or declaration pursuant to the provisions of this Act, or statement. 9, Any person who shall wilfully make a false statement in any Penalty for false

the Schedules hereto, shall be deemed to have committed perjury, and

shall be punishable accordingly.

10, All proceedings for the recovery of any pecuniary penalty summary procedure.

hereby imposed for any omission, default, act, or offence shall be had and taken, and may be heard and determined in a summary way, by any Special Magistrate or two Justices of the Peace of the said province, under the provisions of the Ordinance No. 6 of 1850, being an ordinance To Facilitate the Performance of the Duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders," or of any other Act for the time being in forcc relating to the duties of Justices of the Peacc with respect to summary convictions and orders, and all convictions and orders may be enforced as in such Act is or shall be provided; and the Special Magistrate or Justices of the Peace may also, in case any penalty is imposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding

six months.

11. All proceedings may be had and taken, and all penalties, Recove~ofpenrmltias.

fines, and sums of money incurred or imposed or payable under this Act, may be sued for and recovei-ed at the suit of the Commissioner, or such other officer or authorised person as the Commissioner from

time to time may in that behalf appoint.

12, No liability shall be imposed upon the Commissioner or Limitationof A C ~.

Treasurer by virtue of this Act for the payment of any scalp money, except to the extent of the amount which shall for the time being be standing to the credit of the fund created by this Act and avail- able for the payment of scalp money, and nothing herein contained, or hereby implied, shall affect or alter any covenant or liability made by or imposed upon, or hereafter to be made by or imposed upon, any lessee with reference to the destruction of vermin.

13, This Act shall not apply to the Northern Territory.	Application of ~ c t.
In the name and on behalf of Her Majesty, I hereby asient to

this Bill.

KI.NTORE, Governor.

SCHEDULES

No. --

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The Wild Dog and Fox Destructiole Act.-1889.

SCHEDGLE A.

I, [ m m e of declarant] of , in the province of South Australia,

do hereby declare that ~ h c scalps now produccd by me to Mr. [name

of adiorisedperson to whom cleclarunt delire, s scni'ps] are the scalps of

wild dogs (or foxcu) which have been killed a t in the said pmvince, on lands situated outside the bounrlarics of any district council or corporation.

A, B.

Ileclnred at in the province of South Australia, the

clap of 18 , before me.

C. D.,

An authorised person under the provisions of the Wild Dog and Fox Destruction Act, 1889 (or a Justice of the Peace for the province of South Australia).

SCHEDULE B.

I certify and declare that Mr. has this day produced and

delivered to me the scalps of wild dogs (or foxes); and that the

said scalps were immediately burned f o p destroyed by means of

in my presence. 1

Dated at the clay of 18 .

A. R.,

A n authorised person under the provisions of the Wild Dog

and 1'0s Destruction Act, 1889.

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Adelaide: By authority, H. F. ~ E a n e a ~ ~ o ~ e r n r n e n t Printer,