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The Pamphlet Collection of Sir Robert Stout: Volume 29

Dog Nuisance Ordinance 1862

page 40

Dog Nuisance Ordinance 1862.

An Ordinance to amend the law relating to the Dog Nuisance.

[23rd December 1862.]

coat of arms


Whereas it is expedient to repeal the Ordinance passed by the Superintendent and Provincial Council of Otago in the eighteenth year of Her Majesty intituled "An Ordinance to Abate the Dog Nuisance" and to make other provisions instead thereof.

Be It Therefore Enacted by the Superintendent of the Province of Otago with the advice and consent of the Provincial Council thereof as follows :—

Certain Ordinances to be repealed.

1. The before recited Ordinance shall be and is hereby repealed except in so far as the Ordinance therein recited passed by the Lieut.-Governor of New Munster and the Legislative Council thereof is thereby repealed.

Dogs to be registered.

2. Any person who shall keep any dog without causing a description of every such dog so kept by him to be registered and such registration to be renewed from year to year in manner hereinafter mentioned shall forfeit and pay for every such dog a penalty or sum of not less than forty shillings nor more than five pounds: Provided always that nothing herein contained shall be deemed to require the registration of any dog under the age of six months the proof of which shall lie on the owner or keeper of such dog.

Mode of registration.

3. Every such registration of any dog shall be made by its owner or keeper or some person on his or her behalf paying the fees after-mentioned and delivering at the Police Office of the District or at such other place as the Superintendent may appoint in the District in which such Dog is intended to be ordinarily kept a description of such dog embracing the several particulars contained in the Schedule to this Ordinance annexed.

page 41

Registration to be yearly renewed.

4. Every such registration shall be deemed to be in force from the day on which the same shall be made until the thirty-first day of March then next ensuing and no longer and shall be in like manner renewed from year to year so long as any such dog shall continue to be kept: Provided, however, that every such registration which shall be made in the month of March in any year shall be deemed to be in force until the thirty-first day of March in the year next ensuing.

Fee on registration.

5. For the registration of every such dog the sum of ten shillings shall he paid to the officer in charge of the Police Office or station for the district or to such other officer at such other place as the Superintendent may appoint in the district in which the registration is made and the said officer shall in return for the registration fee supply to the person making such registration a registration ticket containing the number in the registry book to be kept for the district as hereinafter mentioned the name of the owner and the name and description of the dog and the date of registration.

Registry book to be kept open for inspection.

6. In the registry book to be kept as aforesaid shall be entered the several particulars contained in the notice delivered by the person registering at the time of registration and the said registry book shall be open to inspection at the said Police Office or Station or the said other place on payment of a fee of sixpence by non-official persons and for more convenient reference thereto there shall be an index to the said book in which shall be inserted in alphabetical order the names of all persons contained in the Registrations entered in the said Book.

In certain cases dogs may be destroyed.

7. Every dog without a collar having engraven thereon the registered number of such dog and all dogs found molesting sheep within any enclosure or upon any sheep run may be destroyed.

In cases of damage not necessary to prove defendant's knowledge of dog's propensity to injure.

8. In all cases where damages for injury done by a dog are sought to be recovered from the owner it shall not be necessary for the plaintiff to prove that the owner knew of the dog's propensity to commit the injury complained of.

Fees to be accounted for and paid to Provincial Treasurer.

9. All registration fees paid in virtue of this Ordinance shall be accounted for and paid over to the Provincial Treasurer for the public uses of the Province agreeably to any rules or regulations that may be made by the Superintendent in that behalf.

Penalties to be recovered in a summary way.

10. All penalties imposed under this Ordinance shall be recovered before any two justices of the peace in a summary way.

Short Title.

11. This ordinance shall be termed and may be cited and referred to as the "Dog Nuisance Ordinance 1862."

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Schedule Referred to.

Form of Notice of Registering Dogs.

A description of____Dogs intended to be kept by A. B. of____in the [District or Town] fo____during the year ending on the 31st March, 18

No. Premises on which each Dog is intended to be kept. Sex. Age. Color or peculiar mark. Description or kind of Dog.
Dunedin, New Zealand :

Printed under the Authority of the Provincial Government of Otago, by Mills, Dick & Co., Stafford street, Printers to the said Provincial Government for the time being.