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DOGS REGULATION (IRELAND) ACT 1865

DOGS REGULATION (IRELAND) ACT 1865 - LONG TITLE

An Act for regulating the keeping of Dogs, and for the Protection
of Sheep and other Property from Dogs, in Ireland.{1}
[19th June 1865]
Preamble rep. by SLR 1893

Short title.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 1

1. This Act may be cited for all purposes as "The Dogs Regulation
(Ireland) Act, 1865."

S.2 rep. by SLR 1875

DOGS REGULATION (IRELAND) ACT 1865 - SECT 3
Extent.

3. This Act shall extend to Ireland only.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 4
Interpretation.

4. The expression ""egistrar", as used in this Act, shall mean the
registrar under the Petty Sessions Clerk (Ireland) Act, 1858:

Definitions rep. by SLR 1893; SLR (NI) 1954

The expression "petty sessions clerk", as used in this Act, shall
mean the clerk of any petty sessions court under the Petty Sessions
(Ireland) Act, 1851, and the Petty Sessions Clerk (Ireland) Act,
1851, ...

Dies for denoting license duties, according to scale in sch.A.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 5

5. The Commissioners of Inland Revenue shall provide all necessary
dies for denoting, either by impressed or adhesive stamps, the
amount or value of licenses, according to the scale fixed in the
schedule (A) to this Act annexed; and the registrar shall, under
the direction and supervision of the Chief ... Secretary, cause a
sufficient supply of the forms in the schedule (B) to this Act
annexed to be printed; and the said Commissioners shall cause any
of such forms to be stamped according to this Act with proper
stamps denoting the license duty thereon; and the registrar shall
cause the same, when so stamped, and also any adhesive stamps that
may be necessary for the purposes of this Act, to be from time to
time furnished to the several petty sessions clerks in Ireland; and
for the purposes aforesaid the said Commissioners shall supply the
registrar with such stamped forms and adhesive stamps for denoting
the amount or value of any of such licenses under such rules and
regulations as the Chief ... Secretary shall from time to time make
or direct.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 6
Persons keeping dogs to take out licenses.

6. Any person ... having in his possession or custody any dog or
dogs shall ... take out a license for such dog or dogs in the
petty sessions district in which he shall reside; and the petty
sessions clerk, upon payment by such person of the proper license
duty, shall deliver such license to such person ...: Provided
always, that where the owner of a dog or dogs has given the
custody of such dog or dogs to another person who shall not reside
in the same petty sessions district as the owner, the license for
such dog or dogs shall be taken out by the person having the
custody of such dog or dogs, and not by the owner.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 7
Occupiers of premises where dogs are kept to be liable to payment
of license duty for such dogs.

7. The occupier of any house or premises where any dog or dogs
are kept or permitted to live or remain shall be liable to pay
the license duty for such dog or dogs, and in default of such
payment shall be liable to the penalties incurred by persons keeping
unlicensed dogs, unless the said occupier can prove to the
satisfaction of the justice or justices that he is not the owner
or has not the custody of such dog or dogs, and that such dog or
dogs were kept or permitted to live or remain in the said house
or premises without his sanction or knowledge: Provided always, that
where there are more occupiers than one in any house or premises
let in separate apartments or lodgings, or otherwise, the occupier
of that particular part of the premises in which such dog or dogs
shall have been kept or permitted to live and remain shall be
liable to pay the license duty for such dog or dogs.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 8
Clerks to make entry of licenses in books to be kept for that
purpose, which shall be open to inspection.

8. Every petty sessions clerk shall keep a book to be provided by
the registrar, and to be called "the Registry of Dogs License
Book", in which he shall register the issue of such license, the
date thereof, and the name and residence of the person to whom
issued, as also the description of the dog or dogs as contained in
the license, which book shall be open to the inspection of the
registrar and his clerks, and of every justice of the peace, county
inspector, sub-inspector, head or other constable of constabulary ...;
and the petty sessions clerk shall certify at the foot or on the
back of every such license that the same has been duly registered
and shall affix to every such certificate of registry a [10p] petty
sessions stamp, to be paid for by the person taking out the
license.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 9
Certificate of registration and stamp thereon.

9. Where any dog shall be transferred by sale or gift by its
owner to any other person, it shall not be necessary for such
person to take out a new license for such dog if such dog shall
have been licensed within the year, but such person shall obtain
from the petty sessions clerk of the district where the licence was
issued a certificate in the form in the schedule (D) to this Act
annexed, to which certificate a [10p] petty sessions stamp shall be
affixed, to be paid by the person requiring the same; and such
person shall within fifteen days after such transfer cause such
certificate to be registered in the "Registry of Dogs License Book"
for the petty sessions district in which the person to whom such
transfer shall have been made resides; and the petty sessions clerk
of such district shall on application register such certificate, and
shall certify such registry at the foot or at the back of the
certificate, and no fee or stamp duty shall be payable on such
registry; and in default of causing such registry to be made such
person shall be liable to the penalties incurred by persons keeping
unlicensed dogs.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 10
Proceedings on transfer of dog by sale or gift.

10. In case the person who shall be liable under the provisions of
this Act to pay such fee of [10p] upon every such certificate of
the registry of such license shall fail to make such payment, it
shall be lawful for the justice or justices at petty sessions to
make a summary order, on the complaint of the clerk of such petty
sessions, to require the payment of such fee; and such order shall
be enforced in like manner as any order of a justice or justices
may now be enforced under the provisions of the Petty Sessions
(Ireland) Act, 1851, and any Act amending the same: Provided always,
that every petty sessions clerk shall, when required so to do, and
as a part of his duty, and without charge, properly fill up all
licenses purchased of him under the provisions of this Act.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 11
Petty sessions clerks shall fill up licenses, when required, without
charge.

11. Every petty sessions clerk shall on or before the fifteenth day
of April in each year ... cause a sufficient number of lists to
be printed or written in the form in the schedule (C) to this Act
annexed, and shall cause such lists to be posted on or near to
the doors of every petty sessions court and police station and
barrack within his district, and shall furnish a copy of such lists
... to the secretary of the grand jury of the county in which his
district is situate. The cost of printing and posting such lists
shall be defrayed by the registrar.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 12
Lists of licenses in form in sch.(C), to be printed and posted
yearly.

12. Every petty sessions clerk shall account with the registrar for
all licenses or license stamps issued to him; and such account
shall be made, passed, and audited in such form and manner and at
such times as the Lord Lieutenant shall for that purpose direct.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 13
Petty sessions clerks to account with registrars for licenses and
stamps.

13. Every such account shall be verified by the affidavit or
affirmation of the petty sessions clerk, to be made before the
registrar, or one of the justices of the district or one of the
districts to which the said clerk shall belong.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 14
Accounts to be verified.

14. The Lord Lieutenant may from time to time make regulations for
the allowance of such of the licenses or license stamps issued
under the provisions of this Act as may have been spoiled or
rendered useless or unfit for the purpose intended, or which through
mistake or inadvertence may have been improperly or unnecessarily
used.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 15
Allowance for licenses or license stamps spoiled, &c.

15. All the costs and expenses incurred by the Commissioners of
Inland Revenue and registrar under this Act shall be paid out of
the monies arising from the sale of licenses under this Act....

DOGS REGULATION (IRELAND) ACT 1865 - SECT 16
Expenses and remuneration of commissioners and registrars out of
monies received.

16. The monies received by the clerk of petty sessions for the
petty sessions stamps to be used for the purposes of this Act
shall be subject in all respects to the provisions of the Petty
Sessions Clerk (Ireland) Act, 1858.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 17
1858 c.100

17. The registrar shall make out and prepare an annual statement of
his accounts under this Act at such time and in such form as the
Lord Lieutenant shall direct, and such accounts shall be annually
laid before Parliament.

S.18 rep. by SLR 1875

Accounts of registrars to be presented to Parliament.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 19

19. The provisions contained in the several Acts for the time being
in force relating to stamps under the care and management of the
Commissioners of Inland Revenue shall (so far as the same are
applicable, and consistent with the provisions of this Act,) in all
cases not hereby provided for be in full force and effect with
respect to the stamps to be provided under the provisions of this
Act, and shall be applied and put in execution for preventing,
detecting, and punishing all frauds, forgeries, and other offences
relating thereto, as fully and effectually, to all intents and
purposes, as if such provisions had been adapted to and specially
enacted by this Act in reference to the stamps hereby provided.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 20
Provisions of the Stamp Acts, as far as practicable, to be extended
to stamps under this Act.

20. Any person who shall ... have in his possession or custody any
dog or dogs not duly licensed in accordance with the provisions of
this Act, shall be liable to a penalty not exceeding [#10]; and
the justice or justices shall further order such person forthwith to
take out a license for such dog or dogs; and the petty sessions
clerk shall thereupon issue such license, upon payment of the proper
license duty by such person, and such license shall be held to be
valid to the thirty-first day of March next following the date of
such license; and if after such order such person shall continue to
keep any dog or dogs without having obtained a license, he shall,
in addition to the penalty imposed for the second and any
subsequent offence, pay a sum not exceeding one shilling for each
day he shall have kept a dog without license.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 21
Penalty on persons keeping dogs not duly licensed.

21. Every person having in his possession or custody any dog or
dogs shall produce the license for such dog or dogs whenever so
required by a justice of the peace, officer, head or other
constable of constabulary ...; and in case of refusal he shall, if
licensed, be liable to a penalty not exceeding [#10].

DOGS REGULATION (IRELAND) ACT 1865 - SECT 22
Penalty for refusal.

22. Every penalty recoverable under the provisions of this Act shall
be recoverable in a summary way, ... before a justice or justices
of the peace sitting in petty sessions, subject and according to
the provisions of the Petty Sessions (Ireland) Act, 1851, and any
Act amending the same, and shall be applied according to the
provisions of the Fines Act (Ireland), 1851, and any Act amending
the same.

DOGS REGULATION (IRELAND) ACT 1865 - SECT 23
1851 c.90

23. No penalty shall be exacted in any case where it shall appear
to the satisfaction of the justice or justices that the person
failing to comply with the provisions of this Act has not wilfully
been guilty of such failure, but that such failure has been
occasioned by accident: Provided always, that such justice or
justices shall forthwith order such person to take out a license
for the dog or dogs in his possession or custody, or otherwise
comply with the provisions of this Act, and that such person shall
forthwith comply with such order.

I HEREBY certify, that A.B., [farmer], residing at <, in

, in

Dated this day of , 18.

C.D.,lerk of Petty Sessions.PS0700NOTEIn cases where an owner or
master of a pack of hounds, harriers, or beagles, or an owner of
several greyhounds, takes out a license, the number of such dogs
need only be given; but where a license is taken out for other
dogs, the colour and description of each dog should be given as
far as possible.

Dated this day of , 18.

I HEREBY certify, that A.B., [farmer], residing at <, in

, in

18.

Dated this day of 18.

(Signed) C.D., < petty sessions

<






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URL: http://www.bailii.org/nie/legis/num_act/dra1865230.txt