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two inches in width and one and a half inches in thickness or willow or other poles not less than five feet high and one inch in diameter at the small end the said droppers or poles being placed (one end resting on the ground) at regular intervals of not more than
ten feet apart; 3. In all other parts of the Territories any substantial fence four feet six inches high if it consists(a) (f rails or boards not less than four in number the
lower one not more than eighteen inches from the ground and each panel not exceeding twelve feet in
length; (6) Of upright posts or boards not more than six inches
apart; (c) Of barbed wire and a substantial rail on the top, the
wires to be not less than two in number and the lower one not more than twenty inches from the ground or of three barbed wires or more, the lower one not more than twenty inches from the ground; posts not
to be more than sixteen and a half feet apart; (d) Of common wire and a substantial rail on the top, the
wires not to be less than three in number or more than one foot apart; or of four wires one foot apart; posts not to be more than sixteen and a half feet
apart; (e) Of three or more wires barbed or plain on posts not
more than fifty feet apart, the wires being stapled to droppers not less than five feet in height, two inches in width and one and a half inches in thickness; or willow or other poles not less than five feet high and one inch in diameter at the small end ; the said droppers or poles being placed (one end resting on the ground) at regular intervals of not more than seven
feet apart; 4. In all parts of the Territories the following described fence known as an A fence : Two posts spiked together at the top and resting on the
ground in the shape of an A, which shall be joined by a brace firmly nailed near the base; three rails shall be firmly nailed on one side of the A, the top rail not less than four feet six inches from the ground and the the bottom rail not more than eighteeen inches from the ground; there shall also be nailed on the other side of the A one rail not more than twenty inches from
the ground; 5. In all parts of the Territories any river bank or other natural boundary sufficient to keep domestic animals out of any land shall be a lawful fence. No. 26 of 1891-2, ss. 2, 3, 4, 5; No. 38 of 1897, s. 56 (3, 4); No. 32 of 1898.
4. No fence surrounding growing crops or crops in process Fences around of being harvested shall be deemed a lawful fence unless it is crops situated at least eight feet from such crop and otherwise complies with the provisions of this Ordinance. No. 38 of 1897, s. 56 (5)
5. No fence surrounding stacks of hay or grain shall be Fences around deemed a lawful fence unless the same be situate twenty-five stacks feet from such stacks and consist of (a) Rails or boards the lower one not more than one foot
from the ground, the others not more than six inches
feet in length and all rails to be securely fastened ;
rail on the top securely fastened, the wires to be not
more than eight inches apart;
number, the lower wire not more than one foot from
owners to contribute to erection and
6. Whenever the owner or occupant of any land erects a Liability of
adjoining line or boundary fence the owner or occupier of the adjoining land shall as soon as he incloses any portion of his land by a cross fence connecting with the said line fence pay to the first repair of mentioned owner or occupier a fair value of one-half of so much of the said line fence as forms one side of such inclosure and each of the owners or occupiers of adjoining lands shall make, keep up and repair a just proportion equal to one-half of the fence forming a boundary between them; and any one of such persons failing to do so after one week's notice from his neighbour shall compensate such neighbour the value of the work done in making and repairing the same. No. 26 of 1891-2, s. 7.
7. The owner of any domestic animal which breaks into or Trespassing enters upon any land inclosed by a lawful fence shall be liable of animals to compensate the owner of such land for any damage done by of owner such animal. No. 38 of 1897, s. 56 (7).
8. In case adjoining owners or occupiers of land disagree as disagreement to what is a lawful fence or as to the just proportion of a line as to fencing fence which each such owner or occupier should make or put Arbitration in repair or us to the amount which any such owner or occupier should make compensation to the other for making or keeping in repair any fence or in case parties interested disagree as to the amount of damages done by animals breaking into or entering upon any land inclosed by a lawful fence they shall each appoint an arbitrator to determine and settle the inatter
in difference and such arbitrators shall first giving the parties in difference reasonable notice of the time and place where they intend to meet for the purpose of hearing and deterniining
he matter in difference) attend at such time and place and hear such parties and their witnesses and make their award in respect to the matters so in difference ; and in case such arbitrators are unable to agree they shall appoint an umpire who shall make an award in respect to the said matters; and in case either of the parties in difference refuses or onits to appoint an arbitrator within forty-eight hours after a demand is made in writing upon him to do so by the other party in difference such other party in difference may apply to a justice of the peace who being satisfied by the oath of a credible witness that such demand has been made and not complied with may appoint an arbitrator in the stead of the person so refusing or omitting to appoint and the arbitrator so appointed shall proceed and act and all steps shall be had and taken as in this section provided as if such arbitrator had been appointed by the person so refusing or omitting to appoint. No. 38 of 1897, s. 56 (8).
Exceptions as 9. Nothing in the preceding section shall be held to affect
and pound districts in any way the right of any person to seize or impound cattle
in any herd or pound district under the provisions of any Ordinance authorising the seizing or impounding of cattle in any such district or to affect the demand or recovering of damages in the mode prescribed by any such Ordinance. No. 38 of 1897, s. 56 (8).
An Ordinance respecting Stallions and Bulls.
HE Lieutenant Governor by and with the advice and con
sent of the Legislative Assembly of the Territories enacts as follows:
2. In this Ordinance unless the context otherwise requires-
1. The expression “ department means the department of Department agriculture;
2. The expression “minister” means the member of the Minister" Executive Council of the Territories to whom may be assigned fro.n time to time the duty of administering the department of agriculture;
3. The expression “justice ” means any justice of the peace ; “ Justice" 4. The expression "owner” nieans any person owning any “Owner”
“ stallion or bull dealt with under this Ordinance :
5. The expression “captor” means any person seizing or "Captor" confining any stallion or bull under this Ordinance ;
6. The expression “run at large" or "running at large” “Running means without being under control of the owner either by being in direct and continuous charge of a herder or by confinement within any building or other inclosure or fence whether the same be lawful or not. No. 22 of 1897, s. 2.
3. No stallion of one year old or upwards shall be permitted when to run at large in any part of the Territories at any time. No. shall not run 22 of 1897, s. 3.
4. Except as hereinafter provided no bull nine months old when bulls
shall not run or upwards shall be permitted to run at large in any part of at large the Territories at any time.
(2) The minister may hy notice published in two consecutive Bulls may run issues of the official gazette declare that bulls may be to run at large in any district described in such notice between the first day of July in any year and the thirty-first day of March in the following year both days inclusive. No. 22 of 1897, s. 4.
at large in certain cases
5. Except within the limits of any pound district or herd Stallions district constituted under the provisions of any Ordinance of lawfully the Territories any person who tinds a stallion or bull running running ai
large may at large contrary to the provisions of this Ordinance may be captured
capture and confine such bull or stallion and promptly thereafter shall notify the owner thereof if known to such captor ; and if such owner do not within three days after receiving such notice take away such stallion or bull and pay the captor thereof $5 for his trouble and 25 cents per diem for the keep of the said stallion or bull for every day it has been in his custody such owner shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $20 together with the cost of prosecution and the fees for capturing and the keep of such stallion or bull as aforesaid which said fees shall be paid over on collection to the captor. No. 22 of
1897, s. 5. When owner 6. When the owner of any stallion or bull captured and is unknown
confined under the provisions of the last preceding section is unknown to the captor, the said captor shall within forty-eignt hours after such capture post up a notice of detention in form A in the schedule hereto in three public places in the neighbourhood of the place of capture and at the same time forward a copy of the notice to the department for publication in two consecutive issues of the official gazette, and the owner of such stallion or bull shall be entitled to receive delivery thereof upon paying the captor $5 for his trouble and 25 cents per diem for the keep of such animal together with the amount of
the expenses actually incurred for advertising. Advertising (2) In addition to advertising the capture of a stallion or capture
bull in the official gazette as herein provided the captor may also cause a copy of the notice of detention to be inserted in three successive weekly issues of the newspaper published nearest to the neighbourhood in which the capture was niade, and any expenditure not exceeding the sum of $1 made for such advertising shall be reimbursed to the captor by the owner if the said stallion or bull is released by such owner or, if not so released, by the justice after the sale of such stallion or bull upon proof of such expenditure having been made. No. 22 of
1897, s. 6. When animal 7. If at the end of twenty days from the first publication may be sold
of the notice in the said gazette no owner be found for such stallion or bull or the payments herein provided have not been made to the captor, then upon application to a justice in form B in the schedule hereto verified under oath before the said justice, the said justice may after eight days' notice posted up in three conspicuous places in the neighbourhood of the place of capture (one of which shall be the post office nearest there
to) stating the time and place of sale, sell or cause the said Disposition stallion or bull to be sold by public auction, and out of the of proceeds
proceeds of such sale shall first pay the expenses of sale and advertising and justice's fees and then the sum of $5 and costs of keeping to the captor and the balance to the minister.
(2) The justice of the peace shall immediately after the sale send to the department a description of the animal or animals sold, the date of sale, the amount realised and the disposition thereof, No. 22 of 1897, s. 7 ; No. 33 of 1898, s. 1.