pounder has sustained to be less than claimed then the justice shall order the excess and the owner's costs of the proceedings to be paid to the owner by the pound keeper out of the money paid in by the owner; and if no money has been paid in by the owner the justice shall order the payment forthwith of the amount of the damages so fixed less the costs of the proceedings and in default of such payment the animal impounded shall be sold and the proceeds applied as directed by this Ordinance; or 3. Adjudges that the animal impounded was legally impounded or that the amount of the damage sustained was not less than the amount claimed by the impounder then the justice shall make an order for the payment forthwith of the amount claimed and all pound and other authorised fees together with the costs of the proceedings; and in default of such payment the animal impounded shall be sold and the proceeds. applied as directed by this Ordinance; or 4. Finds on a complaint laid as in clause (c) of subsection 2 of the last preceding section that the animal was legally impounded but the damages sustained by the impounder were less than claimed the justice shall make an order as directed by paragraph 2 of this section but shall not allow costs to either party and proceedings shall be taken on any such order as provided in such paragraph. No. 21 of 1897, s. 31; No. 34 of 1898, s. 14. remedies at common law 35. Nothing in this Ordinance contained shall deprive the owner's owner of any animal impounded of any action, remedy or right that he may have at common law or otherwise by reason of the same being unlawfully seized, distrained or impounded: Provided always that if any action be brought against a Proviso pound keeper for anything done by him under this Ordinance he may plead not guilty to such action; and if on the trial of such action it is made to appear that the said pound keeper on demand being made on him therefor gave to the plaintiff or his agent the name of the person who drove the animal to the pound and that he in all respects acted within his duties and powers as such pound keeper judgment shall then be given for him with costs. No. 21 of 1897, s. 32; No. 34 of 1898, s. 15. action in 36. Nothing herein contained shall prevent the owner of Damages may any lands trespassed upon or of any property destroyed from be claimed by waiving the rights created by this Ordinance and bringing his competent action in any competent court in consequence of any trespass. No. 21 of 1897, s. 33. OFFENCES AND PENALTIES THEREFOR 37. If any pound keeper— court Penalties poundkeepers are liable to for 1. Impounds or assists or incites or employs any person to Impounding impound any animal in any district unless such animal was an estray or was trespassing upon the pound keeper's own land in the district surrounded by a lawful fence; Purchasing impounded animals Making unauthorised charges Not paying 2. Purchases in person or by his agent or has any interest of any kind in any animal sold by auction at a pound of which he is at the time of such sale the pound keeper; 3. Demands or receives any sum for pound notices, sustenance and other fees and charges not authorised by this Ordin ance; 4. Fails to pay over any money held by him under the proover moneys visions of this Ordinance for any person after payment of the same has been demanded by or on behalf of such person; Neglecting to care for impounded animals Milking cows Not keeping books Impounding healthy with diseased animals Not giving proper notice Causing damage by neglect Burden of proof that animals are cared for, on 5. Neglects to provide food and water for any animal or works or uses the same in any manner while so impounded: Provided that no pound keeper shall be liable for any penalty for milking or allowing to be milked any cow while such cow is impounded; 6. Omits or neglects to keep books and to make entries therein as required by this Ordinance or makes any incorrect or untrue entry in such books; 7. Allows any animal infected with any contagious or infectious disease to be in the same inclosure with any impounded animal not so affected : 8. Fails to give any notice required by this Ordinance ; he shall in addition to any civil liability which he may incur No. 21 of 38. When any pound keeper is charged with neglecting to provide sustenance for any animal impounded the burden of pound keeper proving that proper sustenance was provided for such animal shall be on such pound keeper and when any pound keeper is charged with losing any impounded animal through negligence if it be proved that such animal was impounded in the custody of such pound keeper such animal shall be deemed to have been lost through his negligence unless such pound keeper shall prove the contrary. No. 21 of 1897, s. 35. Penalties Rescuing impounded animal Destruction of pound Illegal impounding Causing animal to trespass 39. If any person commit any of the next following offences he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100: 1. Rescues or attempts to rescue or interferes with any animal impounded or seized for the purpose of being impounded; 2. Destroys or injures or attempts to destroy or injure any pound; 3. Illegally impounds any animal ; 4. Leaves open any gate or lets down any bars or makes a gap in any fence for the purpose of permitting any animal to trespass or otherwise causes any animal to trespass. No. 21 of 1897, s. 36. FEES. 40. The following and no other shall be the fees authorised Authorised by this Ordinance in connection with animals impounded with-fees in any pound district: to pound 1. To the proprietor of any land trespassed upon or other Expenses for property injured by any animal or the proprietor capturing driving animal any estray for driving and delivering such animal to the pound keeper his reasonable expenses; 2. To such proprietor for capturing and impounding any Capturing stallion of the age of one year and upwards or any bull of the stallion or bull age of nine months and upwards a fee of $5; 3. To such proprietor for any damage done by any animal Damages an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded ; temporary 4. To such proprietor for notifying the owner or for every Giving notice day any animal is lawfully detained before being placed in or for pound such fees for making such notification and for the sus- impounding tenance of such animal as a pound keeper may be authorised to charge for like services; 5. To the pound keeper to provide for the care and susten- sustenance ance of each animal for each day such animal is impounded as of impounded follows: For each stallion or bull twenty-five cents; For each other horse, mule, jack, head of cattle or swine fifteen cents; For each sheep, goat or goose five cents; animals 6. To the pound keeper for notifying owner of animal im- Notice to pounded ten cents. owner 7. To the pound keeper for forwarding notification to de- Notice to partment for insertion in the officia! gazette ten cents; department 8. To the pound keeper for posting notices of animals im- Notices posted pounded each such notice to include all animals impounded at in district one distress or seizure $1 and the actual cost of newspaper Advertising advertising not to exceed $1 when incurred; 9. To the pound keeper for posting notices of sale each such Notices of sale notice to include all animals impounded at one distress or seizure $1; 10. To the pound keeper for each mile necessarily travelled Mileage in the performance of his duty ten cents; 11. To the pound keeper for selling impounded animals and sale charges applying the proceeds as directed by this Ordinance $2.50 per centum commission upon the amount realised on the sale. No. 21 of 1897, s. 37; No. 34 of 1898, s. 18. SCHEDULE. FORM A. To the Lieutenant Governor in Council. We, the undersigned, being proprietors of land as defined by clause 9 of section 2 of The Pound District Ordinance in (here describe the district proposed to be constituted as a pound district) hereby record our objection to the provisions of the said Ordinance being enforced within the said District: LAND OWNED OR OCCUPIED, NAME Quarter Section T'wnship Range West Meridian I, A.B., of (post office address) do solemnly declare: 1. That the total number of persons in the area described in the foregoing statement of objection being holders or occupiers of land under whatever tenure, or superintendents, overseers or other duly authorised persons acting for or on behalf of such holders or occupiers is (here insert the total number of proprietors in the proposed pound district as defined by clause 9 of section 2 of The Pound District Ordinance); 2. That I was personally present and did see each of the (number of persons signing the statement) persons whose names are subscribed thereto sign the said statement ; 3. That each of the (number of persons signing the statement) persons signing the statement is qualified to do so by virtue of being the holder or occupier of land under whatever tenure, or a superintendent, overseer or other duly authorised person acting for or on behalf of such holder or occupier of land within the proposed pound district; 4. That each person signing the said statement before so doing was cognisant of the contents thereof; And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act 1893. (Signature of person making declaration.) Declared before me at this of day 1 (Signature of person administering declaration). FORM B. To (name of owner or Department of Agriculture as the case may be.) Notice is hereby given under section 26 of The Pound District Ordinance that (description of animal impounded) was impounded in the pound kept by the undersigned on the (description of quarter section or other place where pound is located) day the day of on 1 (Signature of pound keeper.) |