Animal to be placed in

authorised pound

Temporary impounding

When trespass

is committed

son may take any action or proceedings authorised by this Ordinance on behalf of any proprietor as if by him directed so to do. No 34 of 1898, s. 19.

12. Any proprietor who shall impound any animal in any pound or place not authorised by this Ordinance shall be guilty of an offence and upon summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $20.

(2) Any such proprietor upon whose property any animal is found trespassing may (if he know its owner) temporarily impound the same in any convenient place for a period not exceeding three days and shall within twenty-four hours after such impounding deliver to such owner a written memorandum in like manner as it is herein before enacted shall be delivered to a pound keeper with any trespasser impounded in his pound; and shall feed and maintain such animal while so impounded; and may at the expiration of such time (if not sooner duly released) deliver it to the keeper of the nearest accessible pound and such proprietor may make a charge for feeding and maintaining such animal and for sending notice not exceeding such as might by law be made by a pound keeper but shall not be entitled to any compensation for damage except for such as was done before the temporary impounding. No. 21 of 1897, s. 9.

13. In every case where damage is done to the inclosed in certain cases lands of any person in any pound district as the result of any animal breaking through or over the fence or fences inclosing the same such animal may be considered and treated as a trespasser within the meaning of this Ordinance if that part of the fence broken through or over by such animal is a lawful fence although other parts of the inclosing fence may not be lawful; and any animal breaking through or over a division fence in any pound district which its owner or person having charge of such animal is bound to repair and keep up shall be considered and treated as a trespasser within the meaning of this Ordinance although the said fence may not be a lawful fence. No. 21 of 1897, s. 10.

Lawful fences in certain cases

Responsibility of persons in charge of damage

14. In every case in which more proprietors than one hold lands inclosed by a common outward lawful fence such lands shall for the purposes of this Ordinance be deemed as against all persons outside such general fence to be lawfully fenced but as against each other where no lawful fence stands between them to be uninclosed lands. No. 21 of 1897, s. 11.

15. The person in charge of any animal within a pound district shall be liable for any damage caused by such animal animals doing under his charge as though such animal were his own property; and the owner of any animal allowed to run at large in any pound district contrary to the provisions of this Ordinance shall be liable for any damage done by such animal although the land whereon such damage was done was not inclosed by a lawful fence. No. 21 of 1897, s. 12.

APPOINTMENT OF POUND KEEPERS.

be

16. In any pound district the minister may appoint one or All pound more pound keepers therefor and notice of every such appoint-appointed by ment shall be published in the official gazette describing the minister name and post office address of such pound keeper and the location of the pound:

Provided that all pounds established or pound keepers ap- Proviso pointed therefor at the time of the passing of this Ordinance shall be deemed to be the pounds established and pound keepers appointed under the provisions of this Ordinance and subject to the provisions thereof. No. 21 of 1897, s. 13.

ments to

December 31

17. Every appointment of a pound keeper made under the All appointprovisions of this Ordinance shall terminate on the thirty-first terminate on day of December in each year but all pound keepers so ap-annually pointed may at the expiry of each period of twelve months be eligible for reappointment.

of pound

(2) Any pound keeper wishing to resign his appointment Resignation may do so but no such resignation shall take effect until a keeper successor to such pound keeper is appointed. No. 21 of 1897,

s. 14.

of notices

18. Every notice of the appointment or removal of any Publication pound keeper or the establishment or abolition of any pound published in the official gazette of the Territories shall be evidence that such pound keeper or pound has been legally appointed, removed, established or abolished as in the said notice is mentioned. No. 21 of 1897, s. 16.

DUTIES OF POUND KEEPERS.

kept by

19. Every pound keeper shall keep a pound book in a form Book to be to be prescribed by the minister from time to time and shall pound keeper make all entries therein as soon after the doing of the several things required to be entered therein as possible and shall not make any entry after any dispute as to the subject matter of such entry shall have arisen; and the said pound book and a copy of this Ordinance which the pound keeper is hereby required to keep shall at all reasonable times be open to the inspection of any justice or member of the North-West mounted police force or any constable free of charge and of any other person upon payment of the sum of ten cents; and every such pound keeper shall grant extracts from his pound book to any person requiring the same upon payment of twenty-five cents for each extract not exceeding one hundred words and the sum of ten cents for every subsequent number of words not exceeding one hundred.

(2) Every pound keeper shall on his removal from office or and handed on the acceptance of his resignation deliver such pound book over to to the person who may be appointed to receive it. No. 21 of 1897, s. 17; No. 34 of 1898, s. 9.

successor

20. Every pound keeper shall at his own cost keep the Pounds to be

kept clean

Returns to be made

Charges to

be payable to pound keeper

Penalty for improper impounding

Animals may be released before impounding

Pound keeper

animals impounded

pound to which he is appointed clean and in good repair and shall supply the animals impounded therein with sufficient and wholesome food and water and the pound keeper may send such animals out of his pound at fit times and to fit places for grazing or watering and every pound keeper shall be responsible to the owner of any impounded animals for every loss or damage occasioned by any act of himself or his agent. No 21 of 1897, s. 18.

21. Every pound keeper shall make such return to the minister relating to the impounding of animals in his pound as may from time to time be required by the minister. No. 21 of 1897, s. 19.

PAYMENT OF CHARGES ON IMPOUNDED ANIMALS.

22. All charges payable in respect of any impounded animal shall be payable in the first instance to the pound keeper, who shall hold the same subject to the provisions of this Ordinance for the person entitled thereto. No. 21 of 1897, s. 20 (1).

23. No charges or claim for damage done shall be payable to or recoverable by any person in respect of the trespass cf or damage done by any animal, who shall impound or detain such animal for upwards of three days in any place not being a pound within the meaning of this Ordinance. No. 21 of 1897, s. 20 (2); No. 34 of 1898, s. 10.

24. Whenever any animal has been captured or distrained by any person under any of the provisions of this Ordinance for the purpose of impounding the same, if the owner of the animal or some person on his behalf pay or tender to the person seizing or having charge of such animal before the same has been actually impounded the charges for which such animal has then become liable under this Ordinance, the person having charge of such animal shall forthwith deliver up the same to the owner or the person tendering the said charges on his behalf. No. 21 of 1897, s. 21.

25. Every pound keeper shall receive and detain in his to detain all custody any animal lodged in his pound until the damages for which such animal was impounded and all lawful fees and charges shall be paid or until he shall receive notice of the decision of the justice as hereinafter provided. No. 21 of 1897, 8. 22; No. 34 of 1898, s. 11.

Notices to be given by

pound keeper

NOTICE OF IMPOUNDING.

26. If the owner of any impounded animal is known to the pound keeper, the pound keeper shall forthwith deliver at or post to the address of such owner a notice in form B in the schedule hereto.

(2) In case such owner is not known or such owner or person notified shall not within three days after the posting or delivery

of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees, mileage rates and claim for damages, the pound keeper shall forward to the department for insertion in two consecutive issues of the official gazette a notice in form B in the schedule hereto. No. 21 of 1897, s. 23.

notices to be

pound

27. Every pound keeper shall without charge therefor in Copies of all addition to any copies of any notice which he may be required posted at under this Ordinance to post or deliver post a copy of every such notice in a conspicuous place at his pound and shall keep and maintain such notice at his pound during the whole of such time such notice may refer to. No. 21 of 1897, s. 24.

SALE OF IMPOUNDED ANIMALS.

28. When any animal shall not have been released from the When impounded pound within twenty days after the notice has been inserted animals may in the official gazette as in section 26 hereof mentioned the said be sold animal shall be sold by public auction after notice of such sale shall have been posted for eight days in three conspicuous places within the pound district (one of which shall be the post office nearest the pound); and at such sale the pound keeper shall be the auctioneer and such sale shall be held at the pound and shall commence at the hour of two o'clock in the afternoon and the Pound keeper pound keeper shall neither in person nor by his agent purchase interest in sale any animal at such sale or have any interest of any kind in any animal so purchased. No. 21 of 1897, s. 25; No. 34 of 1898, s. 12.

not to have

29. If more than one animal is impounded on any distress When animals and the owner thereof is known the pound keeper shall not may not be sold sell any more of such animals after he has realised from the sales sufficient to satisfy the claims for dainages, expenses and fees chargeable against the animals, and the owner of the animals shall be entitled to those remaining unsold.

(2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded.

(3) The pound keeper shall immediately after such 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. 21 of 1897, s. 26: No. 34 of 1898, s. 13.

need not be

30. No pound keeper making a sale under the provisions of Pound keeper any Ordinance shall be liable to a penalty for selling without licensed as a license as an auctioneer. No. 21 of 1897, s. 27.

auctioneer

PROCEEDS OF SALE, HOW DISPOSED OF.

proceeds

31. The proceeds of the sale of any impounded animal sold Disposal of under the provisions of this Ordinance shall be applicable in of sale payment

(a) Of any costs and charges attending such sale;

(b) Of all sustenance fees;

Owner's claim

(c) To the impounder of such animal of the amount due to him for mileage charges and for the damage done; and the residue if any shall be paid to the owner of such animal or (if not claimed at the time of sale by any person entitled thereto) to the minister. No. 21 of 1897, s. 28.

32. Any money paid to the minister under the provisions to net proceeds of the section next preceding shall be paid over to the owner of the animal sold on evidence (satisfactory to the 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. 21 of 1897, s. 29.

What action

by owner

COMPLAINTS OF OWNER.

33. The owner of any impounded animal may give notice may be taken in writing to the pound keeper that he intends to complain to a justice against the person impounding such animal; and upon receipt of such notice and on deposit with the pound keeper of the amount claimed for damages together with the pound and other authorised fees and charges the pound keeper shall release such animal and shall retain such amount subject to the order of the justice as hereinafter provided.

How complaint shall be formulated

Hearing of complaint

(2) Such complaint may be upon one of the following grounds

(a) That the impounding was illegal; or

(b) That the damages claimed are excessive; or

(c) That the impounding was illegal but that in any event the damages are excessive;

but the justice shall not inquire into any complaint notice of which has not been given. No. 21 of 1897, s. 30.

34. Within ten days after giving the notice in the last preceding section mentioned the owner may lodge his complaint as set forth in the notice with a justice of the peace who thereupon shall institute the like proceedings as are authorised under part LVIII of The Criminal Code 1892 for justices making orders for the payment of money and upon hearing the complaint the justice may determine the matter of such complaint; and if the justice

1. Adjudges that the animal impounded was illegally impounded as claimed the justice shall order the said animal (if not released) to be restored to the owner or (if released) the money deposited with the pound keeper to be repaid and in either event the justice shall order the impounder to pay the costs of the proceedings and all fees the pound keeper is lawfully entitled to; or

2. Finds on a complaint laid as in clause (b) of subsection 2 of the last preceding section the amount of damages the im