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) Of 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; (b) 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). stacks 5. No fence surrounding stacks of hay or grain shall be Fences around deemed a lawful fence unless the same be situate twenty-five feet from such stacks and consist of— (a) Rails or boards the lower one not more than one foot (c) Or of barbed or common wire not less than five in contribute to repair of fencing 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 owners to land shall as soon as he incloses any portion of his land by a erection and cross fence connecting with the said line fence pay to the first 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. Liability 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 or damages fence which each such owner or occupier should make or put Arbitration in repair or as 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 matter Exceptions as to herd and 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 the 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 omits 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). 9. Nothing in the preceding section shall be held to affect 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). CHAPTER 78. An Ordinance respecting Stallions and Bulls. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as Ordinance." No. 22 of 1897, s. 1. INTERPRETATION. The Entire Animals Short title 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 from 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" means 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; at large" 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. stallions 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. 22 of 1897, s. 3. No. shall not run at large shall not run 4. Except as hereinafter provided no bull nine months old When bulls or upwards shall be permitted to run at large in any part the Territories at any time. of at large at large in (2) The minister may by notice published in two consecutive Bulls may run issues of the official gazette declare that bulls may be permitted certain cases 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. 5. Except within the limits of any pound district or herd Stallions district constituted under the provisions of any Ordinance of wh the Territories any person who finds a stallion or bull running running at unlawfully large may be captured When owner is unknown Advertising capture When animal may be sold Disposition of proceeds at large contrary to the provisions of this Ordinance may 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. 6. When the owner of any stallion or bull captured and confined under the provisions of the last preceding section is unknown to the captor, the said captor shall within forty-eight 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. (2) In addition to advertising the capture of a stallion or 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 made, 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. 7. If at the end of twenty days from the first publication 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 thereto) stating the time and place of sale, sell or cause the said stallion or bull to be sold by public auction, and out of the 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. |