That the applicant prays that the said animal may be sold at a time not earlier than the eighth day after the date of this notice.

(Signature of captor.)

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

Short title

CHAPTER 81.

An Ordinance respecting the Herding of Animals.

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 "The Herd Ordinance." No. 19 of 1897, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires-1. The expression "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 "animal" means any horse, mule, jack, sheep, goat, neat cattle, or swine;

4. The expression "trespasser" means any animal doing damage in the herd district in the manner mentioned in section 6 of this Ordinance;

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

6. The expression "justice" means any justice of the peace; 7. The expression "proprietor" means the owner of any cultivated land or stack of grain or hay or the person having a permit or license to cut hay or any superintendent, overseer, servant or other person acting for and on behalf of such owner or person;

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

9. The expression "distrainor" means any person seizing or distraining any trespasser;

10. 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 enclosure or a fence whether the same be lawful or not;

11. The expression "herd district" means the portion or portions of the Territories to which the provisions of section 6 of this Ordinance have been declared to apply in the manner provided in sections 3 and 4 of this Ordinance. No. 19 of 1897, s. 2; No. 36 of 1898, ss. 2, 3.

ORGANISATION OF HERD DISTRICTS.

may be

3. The Lieutenant Governor in Council may by Order made What districts public by notice in the official gazette declare that the pro- organised visions of section 6 of this Ordinance shall apply to any part and how of the provisional district of Assiniboia lying to the east of range 17 west of the third meridian in the Dominion Lands system of survey or any part of the provisional district of Saskatchewan not within the limits of any pound district and being not less than 144 square miles in area; and thereafter the Lieutenant Governor in Council by Order made public in like manner may enlarge such district by adding thereto any adjoining area or may cancel the Order or Orders constituting such district or any part of such district. No. 19 of 1897, s. 3.

be given

4. Before making any such declaration a notice of intention Notice to to do so shall be published in the official gazette and posted in at least one post office in each township within that part of the Territories to be affected by such recommendation or if there be no post office in such township then in the post office nearest thereto at least thirty days prior to making such recommendation.

(2) Such notice shall be addressed to the post master at such How 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.

how to be

made

(3) If at any time within thirty days after such notice is objections, 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 declaration shall not be made with respect to such district; but if no such objection is made within thirty days from the posting of the notice the proposed declaration may be made as herein before provided. No. 19 of 1897, s. 4.

OPERATION OF ORDINANCE.

Ordinance shall operate

5. The provisions of section 6 of this Ordinance shall apply when in the herd district between the fifteenth day of May and the thirtieth day of October, both days inclusive, in each year and shall commence to take effect in any area brought under the operation of the said section after the passing of this Ordinance on, from and after the fourteenth day after the date of the issue of the official gazette containing the notification of such area being brought under the provisions of the said section 6 in the manner hereinbefore provided. No. 19 of 1897,

s. 5.

doing of which

6. Any proprietor may distrain any animal in the herd dis- Actions for the trict within any period in which this section is in force in animals may such district which is doing damage upon his cultivated land be impounded

Stallions or bulls in herd district

Proviso

Animal to be placed in authorised pound

Temporarily impounded

or stacks of grain or hay or upon any slough growing hay in his possession or with respect to which he has a permit or license to cut hay; and when any such distress is made the distrainor may drive and deliver the animal distrained to the nearest accessible pound keeper in the herd district and the said pound keeper shall impound such animal and shall 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 damage caused by and all the charges for the keeping and other incidental expenses connected with such animal before delivering up the same to the owner; and it shall be the duty of the distrainor to leave with the pound keeper a statement in writing describing the animal distrained, the name of the owner (if known), the place where such distraint was made, the extent of the damage and the amount of the claim therefor and of his reasonable charges incurred in driving such animal to and delivering the same to the pound keeper. No. 19 of 1897, s. 6; No. 36 of 1898, s. 4.

7. No procedure under The Entire Animals Ordinance shall be taken with respect to stallions or bulls in any herd district, but if the proprietor of any land in any herd district captures any stallion or bull running at large within such herd district he shall drive such stallion or bull to and deliver the same at the nearest accessible pound in the said herd district whether the owner of such stallion or bull be known to the captor or not; and such stallion or bull shall be dealt with in every way as a trespasser may be dealt with under this Ordinance :

Provided that the owner of any stallion or bull, who after receiving a notice signed by a justice of the peace that such stallion or bull is running at large contrary to the provisions of this Ordinance 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. 19 of 1897, s. 7.

No.

8. 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 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 shail not be en titled to any compensation for damage except for such as was done before the temporary impounding. No. 19 of 1897, s. 8.

APPOINTMENT OF POUND KEEPERS.

9. In any herd district the minister may appoint one or more Pound

appointed by

pound keepers therefor and notice of every such appointinent keepers to be shall be published in the official gazette, describing the name the minister 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 the pound keepers appointed under the provisions of this Ordinance and subject to the provisions thereof. No. 19 of 1897, s. 9.

ments to

10. 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 appoint- December 31 ed may at the expiry of each period of twelve months be eligible for reappointment.

annually

pound keeper

(2) Any pound keeper wishing to resign his appointment Resignation of do so but no such resignation shall take effect until a successor to such pound keeper is appointed. No. 19 of 1897, s. 10.

may

11. Every notice of the appointment or removal of any Publication pound keeper or the establishment or abolition of any pound of notices 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. 19 of 1897, s. 12.

DUTIES OF POUND KEEPERS.

pound keeper

12. 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 kept by 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 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.