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ANNO OCTAVO EDWARDI VII REGIS.

A.D. 1908.

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No. 955.

An Act to further amend “The Pinnaroo Railway Act

Amendment Act, 1907."

[Assented to, November rith, 1908.] D E it Enacted by the Governor of the State of South Australia.

D with the advice and consent of the Parliament thereof, as follows:

Ind

1. This Act may be cited alone as “ The Pinnaroo Railway Act Short title. Further Amendment Act, 1908,” and “The Pinnaroo Railway Act Amendment Act, 1907,” and this Act may be cited together as " The Pinnaroo Railway Act Amendment Acts, 1907 and 1908.”

1907.

2. Section 2 of “ The Pinnaroo Railway Act Amendment Act, Amendment of

section of Act of 1907,” is hereby amended by inserting the words “and other” after i the word “principal” in the eighth line thereof. The said Act shall be administered as if those words had been so inserted when the Act was passed; and all moneys heretofore and hereafter credited as if the said words had been so inserted, if in other respects lawfully credited, are hereby declared to have been and to be lawfully credited.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. LE HUNTE, Governor.

Adelaide : Printed by authority, by C. E. Bristow, Government Printer, North Terrace.

955

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EDWARDI VII REGIS.

A.D. 1908.

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No. 956.
An Act for the Prevention of Cruelty to Animals.

[Assented to, December 2nd, 1908.]
D E it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as “The Prevention of Cruelty to Short title. Animals Act, 1908.”

2. Section 67 of the “ Police Act, 1869-70,” is hereby repealed. Repeal.

No. 15, 1869-70 3. In this Act, unless the context or subject matter otherwise Interpretation. indicates or requires

N.S.W., No. 64,

1901, s. 3. “ Animal ” means and includes every species of quadruped and cf. Q., No. 26, 1901

every species of bird, whether in a natural or domestic state, 88. 3, 4.
and all other animals dependent upon man for their care or

sustenance or in a state of captivity:
• “Constable” means and includes police officer, police constable,

and special constable.
“ Ill-treat” includes wound, mutilate, overdrive, override, over-

work, abuse, worry, torment, and torture; also knowingly
overload and knowingly overcrowd, and unreasonably, wan-

tonly, or maliciously beat or cause unnecessary pain :
“ Justice” means Justice of the Peace for the said State:
“ Vehicle” means and includes every description of cart, wagon,

truck, barrow, carriage, or other conveyance.
956

4. (1) Any

The Prevention of Cruelty to Animals Act.—1908.

Ill-treating animals. 4. (1) Any person who-
N.S.W., No. 64,
1901, s. 4, extended.

(a) Ill-treats, or causes or procures to be ill-treated, any aniCf. Q., No. 26, 1901,

mal; or 8. 4. Neglecting to provide (6) Wantonly or negligently fails to supply any animal with with food, &c.

proper and sufficient food, or water, or as regards animals other than those running at large, or on a

journey, with shelter; or Baiting animal.

c) Keeps, or uses, or acts in the management of any place for

the purpose of fighting or baiting any animal, or per.

mits or suffers any place to be so used; or Receiving money to (d) Receives money for the admission of any other person to witness baiting.

any place kept or used for the purpose of fighting or

baiting any animal; or Encouraging baiting. (e) Incites any animal to fight, or baits any animal, or

encourages, aids, or assists at the fighting or baiting of

any animal ; or Carrying animals so 6) Conveys, carries, or packs, or causes to be conveyed, carried, as to cause pain.

or packed, whether in or upon any vehicle or not, any animal in such a manner or position as to subject such

animal to unnecessary pain or suffering; or Slaughtering, &c.,

laughters, or causes to be slaughtered, any animal in such 80 as to cause unnecessary pain, &c.

a manner as to subject such animal to unnecessary pain

or suffering; or Using or conveying

(nowingly or wantonly rides, drives, uses, conveys, carries,

or packs any animal which is unfit for such use or treat

ment; or

(i) Connives with another in doing any of the above acts: Imprisonment or fine challan

shall, on conviction before a Special Magistrate or two Justices, be

enviation before Sin by Special Magistrate shall, on conviction or two Justices. liable to a penalty not exceeding Ten Pounds. Additional penalty for (2) An additional penalty of Five Pounds may, on such convicevery day offence is committed.

tion, be imposed for every day on which an offence committed under N.S.W., No. 64, clause (c) or (d) of the last subsection is continued. 1901, s. 4 (2). Compensation for

(3) Any person who by ill. treating any animal, or inciting any injury caused to animal to fight, does damage or injury to such animal, or thereby animal, person, or property.

causes damage or injury to be done to any person or property, shall, Cf. N.Z., No. 24, in addition to such penalty, pay to the owner of such animal (if the. 1884, s. 8.

offender is not the owner thereof), or the person who sustains damage or injury as aforesaid, such sum of money by way of compensation, not exceeding the sum of Twenty Pounds, as is ascertained and determined by the convicting Magistrate or Justices: Provided that nothing in this subsection shall take away any other remedy of such

owner or any other person in respect of such damage or remedy. Exemption.

(4) Nothing in this Act shall render unlawful the slaughtering of any animal in any manner which may be necessary to comply with the requirements of the Jewish or other religion.

unfit animal.

The Prevention of Cruelty to Animals Act.—1908.

5. The dehorning of cattle, where the operation is performed Dehorning cattle. with a minimum of suffering to the animal operated upon, shall not be deemed an offence under this Act.

6. If any person keeping or using or having the management of Penalty for using or any place for the purpose of slaughtering any diseased, maimed, or condemned to be worn out animal (not intended for butchers' meat) uses or employs, slaughtered. or causes or permits to be used or employed, any such animal brought to or delivered at or which is in or upon such place for the purpose of being slaughtered, or permits or suffers any such animal to leave the said place to be employed in any manner of work, every such person shall be liable to a penalty not exceeding Forty Shillings for every day on which such animal is so used or employed or is absent from such place; and any person who uses or employs or is in the possession or custody of any such animal whilst so used or employed shall be liable to a penalty not exceeding Forty Shillings for every day he uses or employs or is possessed or in the custody of such animal as aforesaid.

7. (1) If any constable is of opinion that any animal is unfit to Power to prohibit use

in of animal unfit for be used in work or labor of all or any kind, he may, by notice works signed by him and indorsed by a Justice and delivered to any per

New. son, direct that such animal is not to be used in work or labor, or in work or labor of the kind specified in such notice, for any time stated therein, not exceeding three weeks.

(2) At the expiration of such time, or of the time specified in any Extension of notice under this subsection, any constable, if of opinion that such animal is unfit to be used as aforesaid, may, by notice signed and indorsed as aforesaid and delivered to any person, direct that such animal is not to be used in work or labor, or in work or labor of the kind specified in the last mentioned notice, for any further time stated therein, not exceeding three weeks.

(3) If the person to whom any notice under subsection (1) or (2) Penalty. of this section is delivered, or any person who has notice thereof, uses such animal or permits it to be used in any work or labor, or in work or labor of the kind specified in such notice (as the case may be) during the time specified in such notice, he shall be liable, upon conviction before a Special Magistrate or two Justices (other than the Justice who signed the notice), to a penalty not exceeding Five Pounds. Upon information in writing made to any Justice by any Application for

is iniured by the removal of prohi. person who alleges in such information that he is injured by the operation of any notice under subsection (1) or (2) of this section, and that such animal is not unfit to be used as specified in the notice, such Justice shall issue his summons calling upon the constable who signed the notice to appear, at a time and place therein named, and show cause why the notice should not be annulled. At the time and place so named such information may be heard by any Special Magistrate or two Justices, who may in their discretion annul, vary, confirm, or extend (as to time or kinds of work or labor)

the

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