Lapas attēli
PDF
ePub

remitted to treasurer may

8. Any money paid to the minister under the provisions of Proceeds the section next preceding shall be paid over to the owner of the animal sold on evidence of ownership (satisfactory to the be paid minister or other officer appointed to examine into the same) being furnished and application therefor being made to the Lieutenant Governor within twelve months from the date of the sale ; otherwise such money shall form part of the general revenue fund. No. 22 of 1897, s. 8.

sell animal

9. The justice to whom application is made for authority to who may sell any stallion or bull which may be sold under the provisions of this Ordinance may either sell the animal himself or order it to be sold by the nearest accessible pound keeper to the place where the animal was found or in the absence of any such pound keeper living within reasonable distance thereto may authorise any person in writing to sell such animal; and no liability shall be incurred by any person making such sale by reason of his not being in possession of a license to act as auctioneer under the provisions of any Ordinance of the Territories. No. 22 of 1897, s. 9.

fees

10. The justice or person authorised thereto selling any Salesman's stallion or bull under the provisions of this Ordinance shall be entitled to retain to his own use and benefit $2.50 per centum commission

upon

the proceeds of such sale. No. 22 of 1897, s. 10.

or

11. In any pound district or herd district established under Stallions or the provisions of any Ordinance of the Territories no stallion bulls at large or bull shall be detained or sold in the manner provided in this herd districts Ordinance but (if captured) shall be taken by the captor to the nearest accessible pound there to be dealt with as it is provided estrays may be dealt with. No. 22 of 1897, s. 11.

to run at large

12. The owner of any stallion or bull who after receiving Penalty for a notice signed by a justice of the peace that such stallion or allowing bull is running at large contrary to the provisions of this Or- stallion or bull dinance and requiring such owner to capture and confine the same neglects or refuses within forty-eight hours to comply with such notice shall be guilty of an offence and liable on summary conviction thereof before a justice of the peace to a penalty of $5 for every day after the expiration of the time mentioned in said notice the stallion or bull is at large. No. 22 of 1897, s. 12.

to justice

13. Without in any way prejudicing the right which a Fees allowed justice may have to fees established by law in respect of any proceedings in summary convictions under this Ordinance or under section 9 of this Ordinance a justice shall be entitled to the following fees for services performed by him under section 7 hereof : Preparing the application therein mentioned and adıninis

tering oath, fifty cents.
Preparing and posting the notices therein mentioned, $1.

No. 22 of 1897, s. 13 : No. 33 of 1898, s. 2.

SCHEDULE

FORM A.

The undersigned gives notice that he has captured a (stallion or bull as the case may be with a full description of same) while running at large contrary to the provisions of The Entire Animals Ordinance. The said (stallion or bull) is detained on the (description of quarter-section or other place where the animal is confined) and if not claimed in due course will be dealt with according to law. The capture was made at

o'clock on day the

1

and this notice was posted within

hours thereafter. (Signature and post office address of cuptor.)

day of

FORM B.

day of

To A.B. Esquire a justice of the peace in and for the NorthWest Territories. The applicant avers that on the

1 (naming the date of capture) he found a (bul) or stallion as the case may be) running at large contrary to the provisions of The Entire Animals Ordinance and captured and confined the same;

That he posted up a notice in three public places in the neighborhood of the capture and advertised such notice in three successive weekly issues of (naming the newspaper if any) and forwarded a copy of the notice to the Department of Agriculture at Regina for publication in the North-West Territories Gazette ;

That the notice was published in the issue of the said gazette dated (date of first issue of gazette containing notice);

That twenty days have elapsed without the said (stallion or bull) having been released by the payment to the applicant of the moneys he is entitled to be paid under the provisions of the said Ordinance ;

That the applicant prays that the said (bull or stallion) may be sold.

(Signature of captor). I (name of captor) the applicant above named make oath and say that the facts set forth in the above application are true in substance and fact.

(Signature of captor). Sworn before me

at
this

day of
1

A.B., J.P.

CHAPTER 79.

An Ordinance respecting Pound Districts.
HE Lieutenant Governor by and with the advice and con-

sent of the Legislative Assembly of the Territories enacts as follows:

[merged small][ocr errors][merged small][merged small][merged small]

2. In this Ordinance unless the context otherwise requires1. The expression “department

department” means the department of “ Department' agriculture;

2. The expression “minister” means the member of the Minister" Executive Council to whom is assigned from time to time the duty of administering the department of agriculture;

3. The expression animal ” means any horse, mule, jack, “ Animal” sheep, goat, neat cattle, swine or goose ;

4. The expression “ trespasser” means any animal which “Trespasser" breaks into any ground inclosed by a lawful fence;

5. The expression “estray” means any animal running at “Estray" large within the limits of any pound district in any period during which animals running at large are by declaration under this Ordinance to be counted estrays or any stallion of the age of one year or upwards or any bull of the age of nine months or upwards or any swine or goose of any age at any time running at large within the limits of any pound district';

6. The expression “pound keeper" means the person for the Pound time being in the authorised charge of any pound;

keeper" 7. The expression “lawful fence”

means any fence declared “ Lawful to be lawful by any Ordinance ;

8. The expression “justice ” means any justice of the peace ; "Justice"

9. The expression “ proprietor” means any holder or occupier « Proprietor" of land under whatever tenure or any superintendent, overseer, servant or other person acting for and on behalf of such holder or occupier ;

10. The expression “ owner means any person owning any “Owner" animal or any agent or overseer of any

such owner; 11. The expression “captor” means any person seizing or "Captor" distraining any estray ;

12. The expression “ distrainor” means any person seizing or . Distrainor" distraining any trespasser ;

[ocr errors]

fence"

[ocr errors]

" Running at large'

13. The expression “run at large” or “running at large” means without being under control of the owner, either by being securely tethered or in direct and continuous charge of a herder or by confinement within any building or other inclosure or a fence whether the same be lawful or not;

14. The expression “pound district” means any district in the Territories constituted under the provisions of this Ordinance. No. 21 of 1897, s. 2 ; No. 36 of 1898, ss. 2, 3, 4.

“ Pound district "

[ocr errors]

ORGANISATION OF POUND DISTRICTS.

What districts

3. The Lieutenant Governor in Council may by Order made may be

public by notice in the official gazette constitute any part of organised and how

the Territories not within the limits of a municipality or a village into a pound district. No. 34 of 1898, s. 5.

Notice to be given

Hour

4. Before constituting any pound district a notice of intention to do so shall be published in the official gazette and posted in at least one post office within such proposed pound district or if there be no post office within such district then in the post office nearest thereto at least thirty days prior to making such recommendation.

(2) Such notice shall be addressed to the postmaster at such post office inclosed in a registered cover and all the requirements of this Ordinance respecting the posting of notices shall be held to be completed at the expiration of twenty-four hours after the first mail carrying such notice is scheduled to reach the post office to which the notice is directed.

(3) If at any time within thirty days after such notice is posted objection is made by a majority of the proprietors of land within such proposed district in form A in 'the schedule hereto (the facts stated in such objection and the signatures thereto being verified by statutory declaration) the proposed district shall not be constituted : but if no such objection is made within thirty days from the posting of the notice the proposed district may be constituted as herein before provided. No. 21 of 1897, s. 4.

Objections, how to be made

5. The Lieutenant Governor in Council may by Order made public by notice in the official gazette vary or alter the boundaries of or add to or take from any pound district existing hereunder or abolish or discontinue the same. No. 34 of 1898,5. 5.

6. Until it has been otherwise declared or enacted by the council of any municipality or by the voters of any village the pound districts heretofore created under Ordinance No. 21 of 1897 which comprise any portion of such municipality or village shall be continued hereunder and the pound keepers appointed therefor shall continue to art under and subject to the provisions of this Ordinance. No. 34 of 1898, s. 15.

OPERATION OF ORDINANCE.

Estrays not

7. No auimal declarer under the provisions of this Ordin

are to be estrays

ance to be an estray in any pound district shall be permitted to run

at large to run at large therein and any such animal when not under control of its owner shall be liable to be impounded.

(2) Upon being satisfied as to the desire of a majority of When bulls the proprietors of land in any pound district constituted under the provisions of this Ordinance the minister may by notice published in the official gazette and in any other manner that may seem to him necessary declare that any bull otherwise prohibited from running at large shall be counted an estray or not an estray at any season of the year.

(3) On the application of the council of any municipality or Pound the overseer of any village on behalf of the residents of such village within the limits of which municipality or village a villages pound district has been constituted, the minister may declare any animal to be an estray or not an estray at any season of the year within the limits of such pound district. No. 21 of 1897, s. 5; No. 34 of 1898, s. 6.

districts in towns and

8. The proprietor of any land in any pound district may Estrays may capture any estray found within such pound district and drive be impounded such estray to and deliver the same at the nearest accessible pound in the said pound district whether the owner of such estray be known to the captor or not and the said estray may be dealt with in every way as a trespasser may be dealt with under this Ordinance. No. 21 of 1897, s. 6.

9. No procedure under The Entire Animals Ordinance shall Stallions and

bulls in pound be taken with respect to stallions or bulls running at large in districts any pound district but (if captured) all such stallions or bulls shall be forth with driven to the nearest accessible pound in such pound district there to be dealt with as trespassers may be dealt with under this Ordinance. No. 21 of 1897, s. 7.

10. The proprietor of any land surrounded by a lawful Trespassers fence, in a pound district, upon which land any animal is impounded found trespassing my seize and distrain the same and drive the same to the nearest accessible pound in such pound district and deliver such trespasser to the pound keeper to be impounded and shall at the same time deliver a written statement describing the animalimpounded, the name of the owner (if known), the place where such animal was trespassing, the amount of damages claimed and of his reasonable charges for driving the trespasser to and delivering the same to the pound keeper ; and the said pound keeper shall impound such trespasser under the provisions of this Ordinance and be responsible for the feed and safe keeping thereof so long as he is legally bound to hold the same; and such pound keeper is empowered to collect the amount of the damages caused by and all charges for the keep and other incidental expenses connected with such trespasser before delivering up the same to the owner thereof. No. 21 of 1897, s. 8; No. 34 of 1898, s. 7.

11. Any person acting as inspector, constable or overseer in any municipality or village or the appointee of any such per

« iepriekšējāTurpināt »