LAWS OF WESTERN SAMOA

DOG REGISTRATION
AND CONTROL

ANALYSIS

Title

1. Short title and commencement
2. Interpretation

PART I
REGISTRATION

3. Commencement of Part I
4. Dogs to be registered
5. Mode of Registration and fee, etc.
6. Registration to extend over Western Samoa
7. Change of ownership
8. Liability of owner failing to produce registration receipt
9. Proof of registration, etc., to be on owner
10. Copies of register book to be exhibited
11. Collars with badges
12. Penalty for dog not wearing badge
13. Power to seize dogs
14. Disposal of dogs seized
15. Notice to owner
16. Power to sell or destroy dogs
17. Certain dogs to be summarily destroyed
18. Using counterfeit badges
19. Using obsolete badges
20. Using badge fraudulently
21. Removing badge

PART II
CONTROL OF DOGS

22. Diseased and neglected dogs
23. Diseased dogs at large
24. Bitches on heat
25. Dangerous dogs may be destroyed
26. Dogs attacking persons, etc.
27. Dogs seen attacking persons, etc.
28. Dogs running at large among cattle
29. No liability where dog wounded in attempt to destroy

PART III
MISCELLANEOUS

30. Regulations
31. Repeal and savings
Schedule
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THE DOG REGISTRATION AND
CONTROL ORDINANCE 1955

1955, No. 11

An Ordinance to make provision for the registration of dogs and to consolidate certain Ordinances relating to the control of dogs

[7 December, 1955]

1. Short title and commencement - (1) This Ordinance may be cited as the Dog Registration and Control Ordinance 1955.

(2) This Ordinance shall come into force on the 1st day of January 1956.

2. Interpretation - In this Ordinance, unless the context otherwise requires, -

"Apia" means the area within the radius of 2 miles from the intersection of Vaitele and Vaea Streets;

"Dog" means any dog whether male or female not less than 6 months old;

"Owner" means the keeper of a dog or the occupier of any building where any dog is ordinarily kept or permitted to live or remain or any person who harbours a dog;

"Registration area" means the area of Apia and any village area declared pursuant to this Ordinance to be a registration area;

"Registering Officer" means, in Apia, the [Commissioner of Police], and in all other registration areas any other officer appointed by the [Head of State] to register dogs under this Ordinance.

"Registering Officer": In this definition, the words "Commissioner of Police" were substituted for the words "Superintendent of Police " by s. 16 (a) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975, and the reference to the Head of State was substituted for a reference to the High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961. As to the Commissioner of Police, see now ss. 3 (3) and 5 of the Police Service Act 1977.

PART I
REGISTRATION

3. Commencement of Part I - This Part of this Ordinance shall come into operation at such time and in such district or districts or part or parts of a district as the [Head of State] may from time to time by Notice published in the Western Samoa Gazette direct. The [Head of State] may at any time by Notice suspend the operation of this Part of this Ordinance in any district or districts or part or parts of a district to which it has previously been applied.

Part I came into operation in the Apia District on 1 July 1956; see the Dog Registration Commencement Notice 1956, reprinted in this title below.
The reference to. the Head of State was substituted for a reference to the High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961.

4. Dogs to be registered - Any person who shall keep any dog without causing such a dog to be registered and such registration to be renewed from year to year in the manner hereinafter provided shall be liable on conviction to a fine not exceeding [$10] for each such dog over and above the amount of any fee payable in respect of the registration of any such dog:

Provided that no prosecution shall be instituted against the owner of such dog and for non-registration thereof within the month of January in any year.

5. Mode of registration and fee, etc. - (1) The registration of a dog shall be effected by the owner thereof, or some other person on his behalf, applying to the Registering Officer for its registration.

(2) The owner or such other person shall pay to the Registering Officer for such registration the sum of [50 sene] in respect of a male dog and [$1] in respect of a female dog and no registration shall be recorded until such payment has been made.

(3) The Registering Officer shall enter in a book the name of the owner, his permanent address and a serial number together with the description, the colour and sex of the dog.

(4) Every registration shall be deemed to be in force until the 31st day of December of the year in respect of which each registration is effected and such registration shall be made in like manner from year to year.

For exemption of the Head of State from payment of dog licence fees, see s. 6 (e) of the Head of State Act 1965.

6. Registration to extend over Western Samoa - Every registration made under this Ordinance shall be in force throughout Western Samoa and any person being the owner of the registered dog may remove such dog to any other district than the one wherein such dog is registered without payment of any fee.

7. Change of ownership - Where the ownership of a dog is changed the registration of such dog shall continue good and the name of the new owner of that dog shall upon application by him and upon production by him of the receipt issued pursuant to section 10 hereof be entered in the register book in substitution for the name of the previous owner thereof without payment of any fee and thereupon for the purposes of this Ordinance such new owner shall take the place of the previous owner and the Registering Officer shall endorse the name of the new owner on such receipt.

8. Liability of owner failing to produce registration receipt - The owner of any dog shall on demand produce to any Registering Officer or to any member of [the Police] the receipt provided for under section 11 hereof and if any such owner refuses or fails to produce such receipt he shall in any proceedings under this Ordinance be deemed to be the owner of an unregistered dog unless he can prove the registration and can account to the satisfaction of the [Supreme Court] for the non-production of the receipt.

The reference to the Police was substituted for a reference to the Police Force by s. 3 (3) of the Police Force Act 1969, and the reference to the Supreme Court was substituted for a reference to the High Court by s. 4 (3) (a) of the Existing Law Adjustment Ordinance 1961.
The reference to the Police is now to be read as a reference to the Police Service, see s. 3 (3) of the Police Service Act 1977.

9. Proof of registration, etc., to be on owner - In any proceedings under this Ordinance the proof of due registration or that a dog is under the age of 6 months or has not been kept for a period of 14 days by the owner thereof shall in each case be on the defendant:

Provided that the production of the receipt aforesaid shall be prima facie evidence of registration.

10. Copies of register book to be exhibited - Copies of the register books of the several Registering Officers shall be affixed by every such officer to some conspicuous place in his office and in any other place or places that he may deem expedient in his district.

11. Collars with badges- (1) There shall be kept by every Registering Officer a supply of dog collars having badges of such kind as the [Commissioner of Police] shall determine affixed thereon stamped with the serial number mentioned in section 5 hereof and marked with the name of the registration area and the year for which the same are issued.

(2) Any person shall be entitled to receive a collar in respect of each dog that he registers on payment by him of the fixed price thereof in addition to the registration fee.

(3) Duplicate collars or duplicate badges shall be issued on payment of the original cost thereof on affirmation that the original has been lost or stolen.

In subs. (1) the words "Commissioner of Police" were substituted for the words "Superintendent of Police" by s. 16 (a) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975. See now ss. 3 (3) and 5 of the Police Service Act 1977.

12. Penalty for dog not wearing badge- Any person allowing his dog to be at large not wearing a badge for the then current year shall be liable on conviction to a fine not exceeding [$2].

13. Power to seize dogs - Any dog running at large and not wearing a badge of the current year shall be liable to be seized by any person who has been duly authorised in that behalf by the [Commissioner of Police].

The words "Commissioner of Police" were substituted for the words "Superintendent of Police" by s. 16 (a) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975. See now ss. 3 (3) and 5 of the Police Service Act 1977.

14. Disposal of dogs seized-Every dog seized under the last preceding section shall be detained in a pound or where no pound is provided in such place as shall be appointed in that behalf by the Registering Officer of the district in which the dog shall have been seized.

15. Notice to owner - Where the owner of any dog so seized is known notice of the seizure shall immediately be given to the owner.

16. Power to sell or destroy dogs - Where any dog so seized shall have been detained for 4 clear days without the owner claiming it and paying [10 sene] per day as poundage fees and such expenses for transport as may have been incurred the Registering Officer of the district in which the dog was seized may cause it to be sold or destroyed; if sold the proceeds of the sale after deduction of all expenses shall be paid to the owner on application within one month of the date of the sale.

17. Certain dogs to be summarily destroyed- If after due enquiry has been made by him it shall be proved to the satisfaction of any member of [the Police] who has been duly authorised in that behalf by the [Commissioner of Police] to carry out the provisions of this section that any dog so seized is liable to registration under this Ordinance and has not been registered the provisions of sections 14, 15 and 16 of this Ordinance shall be deemed not to apply and any such dog may be summarily destroyed by any such members of [the Police] and no action shall lie against any member of [the Police] acting bona fide in pursuance of the powers conferred upon him by this section.

The references to the Police were substituted for references to the Police Force by s. 3 (3) of the Police Force Act 1969, and the words "Commissioner of Police" were substituted: for the words "Superintendent of Police", by s. 16 (a) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975. As to the Commissioner of Police, see now ss. 3 (3) and 5 of the Police Service Act 1977.
The reference to the Police is now to be read as a reference to the Police Service, see s. 3 (3) of the Police Service Act 1977.

18. Using counterfeit badges- Every person who falsely makes or counterfeits, or knowing the same to be false or counterfeit, purchases, uses or has in his possession any badge resembling or apparently intended to resemble or pass for a metal badge supplied at some registration office under this Ordinance is for every offence liable to a fine not exceeding [$40].

19. Using obsolete badges- Every person who after the 1st day of February in every year has in his following or keep any dog wearing a badge issued in any previous year, which dog has not been registered for the then current year, is liable to a fine not exceeding [$10].

20. Using badge fraudulently- Every person who has in his following or keep any dog wearing a badge issued in respect of another dog is liable to a fine not exceeding [$20].

21. Removing badge- Every person who wilfully and maliciously removes from the neck of any dog the badge of registration required by this Ordinance to be worn by such dog is liable for every such offence to a fine not exceeding [$20], and, if any dog is destroyed under section 16 hereof in consequence of the removal of such badge, shall pay to its owner the full value of the dog so destroyed.

PART II
CONTROL OF DOGS

22. Diseased and neglected dogs - (1) In Apia if any dog, in the opinion of the [Director of Health], ought to be destroyed by reason of it suffering from any disease or from malnutrition or neglect, a notice signed by the [Director of Health] or by such other officer as may be authorised in that behalf by the Director of Health may be served on the owner directing him to destroy such dog.

(2) In any area outside Apia if any dog, in the opinion of the [Director of Health] or a [Medical Practitioner], ought to be destroyed by reason of it suffering from any disease or from malnutrition or neglect, a notice signed by the [Director of Health] or a [Medical Practitioner] or by such other officer as may be authorised in that behalf by the Director of Health may be served on the owner directing him to destroy such dog.

(3) Every owner who fails to comply with any such notice is liable to a fine not exceeding [$2] for everyday during which the failure continues.

In subss. (1) and (2) the references to the Director of Health in square brackets have been substituted for references to the Medical Officer of Health pursuant to s. 3 (d) of the Reprint of Statutes Act 1972.
In subs. (2) the references to a Medical Practitioner have been substituted for references to a Samoan Medical Practitioner pursuant to s.3 (f) of the Reprint of Statutes Act 1972.

23. Diseased dogs at large- (1) Any person who permits any diseased dog to be at large shall be liable to a fine not exceeding [$10], and the Court may order such dog to be immediately destroyed.

(2) Any member of the Police who has been duly authorised in that behalf by the [Commissioner of Police] may forthwith destroy or cause to be destroyed any dog so ordered to be destroyed.

In subs. (2) the words "Commissioner of Police" were substituted for the words "Superintendent of Police" by s. 16 (a) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975. See now ss. 3 (3) and 5 of the Police Service Act 1977.

24. Bitches on heat - Every person who permits any female dog belonging to him or under his control to be at large in any public place while on heat commits an offence and is liable to a fine not exceeding [$10].

25. Dangerous dogs may be destroyed - (1) If it is proved to the Court that a dog, whether at large or not is dangerous and not kept under proper control, the Court may make an order directing the dog either to be kept by the owner under proper control or to be destroyed.

(2) Every person who fails to comply with such order is liable to a fine not exceeding [$2] for every day during which the failure continues.

26. Dogs attacking persons, etc. - (1) If any dog, on any highway or any unenclosed space, rushes at, attacks or startles any person, or any horse, cattle, or other animal, whereby the life or limb of any person is endangered, or any property is injured or endangered the owner of every such dog shall be liable to a fine not exceeding [$10] for every such offence, over and above the amount of any damage occasioned by such dog.

(2) The Court may in its absolute discretion order such dog to be immediately destroyed.

27. Dogs seen attacking persons, etc. - Any person who sees a dog, being at large, biting or attacking any person or any horse, or who is himself bitten or attacked by such dog may destroy the same without being answerable for any damage occasioned thereby.

28. Dogs running at large among cattle - The owner or the agent of the owner of any cattle or any servant or person employed by such owner or agent, may destroy any dog running at large amongst such cattle.

29. No liability where dog wounded in attempt to destroy - No person who, with the intention of destroying any dog under the powers conferred by this Ordinance wounds or maims the dog shall, except in a case in which he causes unnecessary suffering to the dog, be under any liability, whether criminal or civil, for any injury done to the dog.

PART III
MISCELLANEOUS

30. Regulations - (1) The [Head of State, acting on the advice of Cabinet], may from time to time by notice published in the Western Samoa Gazette make all such regulations as may in his opinion be necessary or expedient to give full effect to the provisions of this Ordinance or to provide for the humane destruction of dogs.

(2) All such regulations shall be laid before the Legislative Assembly within 28 days after the date of the making thereof if the Assembly is then in session and, if not, shall be laid before the Assembly within 28 days after the commencement of the next ensuing session.

In subs. (1) the words in square brackets were substituted for the words "Head of State" (as substituted for High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961) by s. 16 (b) of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

31. Repeal and savings - (1) The enactments specified in the Schedule to this Ordinance are hereby repealed to the extent indicated therein.

(2) All orders, regulations, appointments, notices, instruments, and generally all acts of authority which originated under the enactments hereby repealed and are subsisting and in force at the commencement of this Ordinance shall enure for the purposes of this Ordinance as fully and effectually as if they had originated under the corresponding provisions of this Ordinance and accordingly shall, where necessary, be deemed to have so originated.

(3) All matters and proceedings commenced under any such enactment and pending or in progress at the commencement of this Ordinance, may be continued, completed and enforced under this Ordinance.
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SCHEDULE
Section 31(1)

Ordinance		
1923 No. 1 - The Dog Registration Ordinance	Extent of Repeal	
1929 No. 8 - The Police Offences and other Ordinances Amendment Ordinance 1929	Whole Ordinance 
Section 6	
1931 No. 3 - The General Laws Ordinance 1931	Section 3 (1)(x)
	
1937 No. 4 - The Dog Registration Amendment 
Ordinance 1937
	Whole Ordinance	

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The Dogs Registration and Control Ordinance 1955 is administered by the Department of Police and Prisons.
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REGULATIONS APPLYING TO DOG REGISTRATION AND CONTROL

Dog Registration Commencement Notice 1956, No. 1 (Apia)

(Gaz. 1956, p. 411; W.S.R. 1956/4)
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THE DOG REGISTRATION COMMENCEMENT NOTICE 
1956, No. 1 (APIA)

WHEREAS by section 3 of the Dog Registration and Control Ordinance 1955 it is provided that Part I of the Ordinance shall come into operation at such time and in such district or districts or part or parts of a district as the High Commissioner may from time to time direct:

Now therefore, I, GUY RICHARDSON POWLES, High Commissioner of Western Samoa, do hereby give notice as follows:

1. This notice may be cited as the Dog Registration Commencement Notice 1956, No. 1 (Apia).

This notice was notified in the W S. Gazette on 4 June 1956, see Gaz. 1956, Vol II, No. 46, p. 411 and on 2 July 1956, see Gaz. 1956, Vol II, No. 47, p. 417.

2. Part I of the Dog Registration and Control Ordinance 1955 shall come into operation in the Apia District (being the area within the radius of 2 miles from the intersection of Vaitele and Vaea Streets) on the 1st day of July 1956.

Given under my hand at Apia this 18th day of June 1956.
G. R. Powles, High Commissioner.

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