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Dog Nuisance Ordinance 1861

3. The Dog Nuisance Ordinance 1861.

Whereas it is expedient to repeal "An Ordinance to Abate the Dog Nuisance," passed by the Lieutenant Governor of New Munster and the Legislative Council thereof:

Be it therefore enacted by the Superintendent of the said Province, with the advice and consent of the Provincial Council thereof, as follows:

1. Repealing Clause.

The above-recited Ordinance is hereby, so far as regards the Province of

Canterbury repealed.

2. All dogs to be registered.

The Owner of any dog or dogs, three months only or upwards, shall, on the First day of May, one thousand eight hundred and sixty-two, and on the First day of May in every suceeding year, register the same in a book to be kept for that purpose, at such of the following places, viz: the Office of the Resident

Magistrate at Christchurch, Lyttelton, Kaiapoi, Timaru, the Police Offic, Rangiora, or such other places as the Superintendent shall, from time to time, by Proclamation appoint, as may be nearest to his place of abode: Provided that

the Owner of any dog or dogs shall be liberty to register the same at any other period of the year.

3. Fee for registration.

For the registration of any such dog the sum of Ten Shillings shall be paid to such person as shall be duly authorized by the Superintendent in that behalf, by Proclamation in the Government Gazette of the said Province: And such person shall, in return for the registration fee, supply to each individual a registration

badge, upon which the registered number shall be stamped, and which badge shall be attached to a collar to be worn upon the neck of the dog so registered.

4. Entry to be made, and open for inspection in Registry Book.

In the Registry Book shall be entered the name and designation of the Owner, the name and description of the dog, the number of the badge, and the date of registration; and the Registry Book shall be open to inspection at the offices above mentioned during office hours.

5. Penalty for making or using counterfeit badge.

If any person shall falsely make or counterfeit, or knowing the same to be false or counterfeit, purchase, use, or have in his possession any badge resembling the badge provided under the Third Clause of this Ordinance, he shall forfeit and pay for every such offence a sum not exceeding Ten Pounds, nor less than Five Pounds.

6. Penalty for possession of unregistered dog.

Any person maintaining or having in his following any dog, three months old, unregistered, shall be liable to a penalty of not less than One Pound, and not more than Five Pounds.

7. Penalty for using badge of any preceding year.

Any person having in his following any dog wearing a badge issued in any previous year, and which dog shall not have been registered for the then current year, shall be liable to a penalty of not exceeding Five Pounds.

8. Dog in certain cases may be destroyed.

All unregistered dogs, or any dogs at large without the badge of registration, wheresoever found, and all dogs, whether registered or unregistered, which may be found molesting cattle, sheep, pigs, or other live stock, and which shall not be at the time at which they may be so found in the following or charge of any person, may be destroyed.

9. Evidence as to character of dog not required in seeking damages, but may be pleaded in extenuation.

In all cases where damages for injury done by a dog 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, but the Defendant may bring evidence to show that he had no reason to believe that his dog was likely to commit such injury, and the evidence may go in mitigation of damages.

10. Onus of proof to lie upon Owner of the dog.

In any proceedings under this Ordinance, the onus of proof shall lie upon the

Owner of the dog.

11. All fees to be paid to the Provincial Treasurer.

All fees accruing under this Ordinance shall be paid to the Provincial Treasurer of the said Province for the time being.

12. Fines and penalties are recoverable in a summary way.

All fees, fines and penalties levied under this Ordinance, shall be recoverable in a summary way.

13. Title.

This Ordinance shall be entituled, and may be cited as "The Dog Nuisance

Ordinance, Session XVII., No.3."

Notes.

Passed by the Provincial Council on 12th November 1861, and assented by the

Superintendent, on behalf of the Governor, on the 12th December 1861.