CHAPTER 80.

An Ordinance respecting Estray Animals.

THES

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 "The Stray Animals Ordinance." No. 20 of 1897, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires— 1. The expression "department department" means the department of agriculture;

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

3. The expression "cattle" means any bull, cow, ox, heifer steer or calf;

4. The expression "horse" means any horse, mare, gelding, colt, filly, ass or mule;

5. The expression "sheep" means any ram, ewe, wether or lamb;

6. The expression "animal" means any head of cattle, horse, sheep, goat, swine or goose;

7. The expression "estray" means any animal found on the premises or in the herd, band or flock of any person other than its owner;

8. The expression "justice" means any justice of the peace; 9. The expression "owner" means any person owning any animal or agent or overseer of any such owner;

10. The expression "finder" means any person who finds he has an estray on his premises or in his band, herd or flock;

11. The expression "run at large" or "running at large" means without being under control of the owner either by being in direct or continuous charge of a herder or by confinement within any building or other inclosure or a fence whether the same be lawful or not. No. 20 of 1897, s. 2.

PROCEDURE.

3. Any person who finds he has on his premises or in his band, herd or flock any estray animal (other than a stallion or bull) the owner of which is known to him, which cannot be driven away from such premises, band, herd or flock shall at

once notify such owner through the mail and such owner within ten days after being so notified shall remove his animal from such premises, band, herd or flock. No. 20 of 1897, s. 3.

is not known

not remove

be given

4. Any person who finds he has on his premises or in his Where owner band, herd or flock any estray animal (other than a stallion or or where bull) the owner of which is unknown to him, which cannot be owner does driven away from such premises, band, herd or flock, or any animal such animal the owner of which is known to him which is not removed from the said premises, band herd or flock within ten days after such owner has been notified as provided in the section next preceding, shall at once forward to the department Notice to a notice to the effect that such animal is on his premises or in his band, herd or flock (as the case may be) which notice shall contain the name, location and post office address of the finder and a full description of the animal with all its marks (natural or artificial) colour and probable age with any other remark which may lead to its identification; and such notice shall be published for two consecutive insertions in the official gazette and a copy of each issue containing such notice shall be forwarded to every post office and every post of the North-West Mounted Police in the Territories and a copy of the same shall be forwarded with every copy of the said gazette.

(2) In addition to the notice forwarded for insertion in the Advertising said gazette the finder of any such animal as is described in the first subsection to this section may cause a copy of the notice to be inserted in three successive weekly issues of the nearest newspaper and any expenditure (not exceeding the sum of $1) made for such advertising shall be reimbursed to the finder by the owner when the animal is claimed or, if not claimed, by the justice after the sale of such animal upon proof of such expenditure having been made. No. 20 of 1897, s. 4.

recover animal

on tender

of expenses

5. The owner of any such estray animal shall be entitled to Owner may recover the same from any person in whose possession it may be upon tender of the amount of the expenses incurred up to the time of such tender from the day on which notice was given of the finding of the animal.

expenses are

(2) Such expenses shall consist of the sums prescribed by What this Ordinance for the keep of such animal and the amount allowed expended in advertising the same, and no other; and if it is made to appear in any proceedings taken for the recovery of any such estray animal that tender was made to the finder by or on behalf of the owner of the animal of the amount of the expenses to which the said finder is lawfully entitled and that such tender was refused, the finder shall thereby forfeit all claim to such expenses in addition to any other penalty to which he may be liable. No. 20 of 1897, s. 5.

6. In case the owner of such animal and the finder are un- Settlement of able to agree as to the amount of such expenses they shall expes as to forthwith proceed in the following manner: both parties at any time within three days shall appear before the nearest accessible justice to the place where the animal was found or

Justice's fee for settlement of disputes

Penalty for default of payment of expenses

Report to department

Payment

of proceeds

When animal may be sold

Procedure at sale

Authorised fees

such other justice as the parties may mutually agree to appear before and upon hearing the statements of the parties upon oath or otherwise as to the justice shall seem advisable such justice shall determine the amount of the expenses payable in the matter and such determination of the justice shall be final and conclusive between the parties.

(2) Such justice shall be entitled to a fee of $1 for determining such expenses which shall be paid by the party against whose contention the justice determines.

(3) In default of the payment of the expenses so determined and the justice's fee as aforesaid within a time to be stated by the justice, the justice shall sell or cause such animal to be sold by public auction either by the nearest accessible pound keeper or by any person authorised by him in writing to sell such animal and such justice out of the proceeds of such sale shall first pay the expenses of sale and advertising and justice's fees and then the costs of keeping (if any are allowed) to the finder and the balance to the owner (if known), otherwise to the minister.

(4) 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. 20 of 1897, s. 6; No. 35 of 1898, s. 1.

7. Any money paid to the minister under the provisions 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. 20 of 1897, s, 7.

8. If such estray animal is not claimed within six months after the date of the first publication of the notice provided for in section 4 of this Ordinance the finder at any time thereafter may make application to a justice in form A in the schedule hereto verified under oath before the said justice and the said justice may proceed to sell the animal and deal with the proceeds in the manner provided in subsection 3 of section 6 of this Ordinance. No. 20 of 1897, s. 8; No. 35 of 1898, s. 2.

9. At the time and place appointed for the sale of any estray animal the finder shall attend with such animal and shall with the animal present a statement of the fees for keeping and expenses incurred in connection with such animal to the justice or other person authorised by the justice to offer the animal for sale. No. 20 of 1897, s. 9.

FEES.

10. The following and no other shall be the fees and expenses authorised in respect of estray animals sold under the provisions of this Ordinance :

To the Finder.

For the care and sustenance of every head of cattle during the months of November, December, January, February, March and April not exceeding five cents per diem;

For every head of swine not exceeding ten cents per diem for their support;

For every goat, goose or sheep not exceeding five cents per diem;

For cost of advertising in a newspaper if expenditure has been incurred $1.

To the Justice.

For preparing and posting notices of sale $1;

For preparing the application and administering oath $1.

To the Salesman.

For selling any animal $2.50 per centum commission on the amount realised by such sale:

Provided always that no costs for keep shall be allowed against any animal prior to the date of the notice given to the owner or in the official gazette or after the last day of April in any year. No. 20 of 1897, s. 10.

OFFENCES AND PENALTIES.

11. If any person commit any of the next following offences Penalty he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100:

1. Takes, rides or drives off any horse or head of cattle be- Offences longing to another without the owner's consent;

2. When taking his own animal from pasture, without the owner's consent takes or drives off the animal of any other person grazing with his own;

3. Causes or allows any horse or head of cattle belonging to another party (without consent of such party) to be driven with his band or herd more than five miles from its grazing place:

Provided that if the owner of any animal in taking it from pasture finds it necessary to drive other animals a greater distance than five miles before he can separate his own animal from among them, he shall not be liable to the penalties imposed by this section if he at once drives back such animals to the place from which be drove them;

4. Demands or receives any sum for keep of any animals or any fee or charge not authorised by this Ordinance;

5. Neglects to provide sustenance for any estray animal while such animal is to his knowledge upon his premises or in his band, herd or flock;

No rights impaired

6. Rescues, incites or attempts to rescue any animal without payment of the fees due for keep and other expenses incurred by the finder on account of such animal;

7. Rides, drives or otherwise works or uses for his own pleasure or benefit any estray horse or ox captured or detained under any of the provisions of this Ordinance;

8. Neglects to promptly notify the owner (if such owner is known) or if such owner after due notification does not take away his animal or (if such owner is not known) neglects to forward the notice provided for in section of this Ordinance to the department on finding an estray animal on his premises or in his band, herd or flock;

9. Being the finder purchases in person or by his agent or has any interest of any kind in any animal sold under the provisions of this Ordinance. No. 20 of 1897, s. 11.

12. Nothing in the preceding section shall prevent the owner of any animal taken, ridden or driven off, improperly treated or worked as aforesaid, bringing a civil action for damages in addition to any penalty imposed hereunder. No. 20 of 1897, s. 11.

13. Nothing in this Ordinance relating to estray animals shall impair the rights, powers or procedure given under any Ordinance respecting the seizure, driving, impounding or selling animals running at large or doing damage. No. 20 of 1897, s. 12.

SCHEDULE.

FORM A.

To AB. a justice of the peace in and for the North-West Territories.

The applicant avers that on the

day of 1 (naming the date of capture) he found a (description of animal found) on his premises (or band, herd or flock as the case may

be);

That he is unable to drive such animal away from his premises (or band, herd or flock as the case may be);

That he has given the notices required by The Stray Animals Ordinance;

That the notice was published in the issue of the official gazette dated (date of first issue of gazette containing notice):

That six months have elapsed without the said animal 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;