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Pounds to be kept clean
Returns to be made
(2) Every pound keeper shall on his removal from office or on the acceptance of his resignation deliver such pound book to the person who may be appointed to receive it. No. 19 of 1897, s. 13; No. 36 of 1898, s. 6.
13. Every pound keeper shall at his own cost keep the 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 animal for every loss or damage occasioned by any act of himself or his agent. No. 19 of 1897, s. 14.
14. 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 him. No. 19 of 1897,
PAYMENT OF CHARGES ON IMPOUNDED ANIMALS.
15. All charges payable in respect of any impounded animal be payable to 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. 19 of 1897, s. 16 (1).
Penalty for improper impounding
Animal may be released before
16. No charges or claim for damage done shall be payable to or recoverable by any person in respect of the trespass of 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. 19 of 1897, s. 16 (2); No. 36 of 1898, s. 7.
17. Whenever any animal has been captured or distrained by any person under any of the provisions of this Ordinance impounding 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. 19 of 1897, s. 17.
18. 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. 19 of 1897, s. 18; No. 36 of 1898, s. 8.
NOTICE OF IMPOUNDING.
Notices to be
19. If the owner of any impounded animal is known to the pound keeper 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. 19 of 1897, s. 19.
notices to be
20. 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 pound 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. 19 of 1897, s. 20.
SALE OF IMPOUNDED ANIMALS.
21. 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 19 mentioned the said animal be sold shall be sold by public auction after notice of such sale shall have been posted for eight days in three conspicuous places within the herd 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 shall neither in person nor by his agent pur- Pound keeper chase any animal at such sale or have any interest of any kind interest in sale in any animal so purchased. No. 19 of 1897, s. 21.
22. 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 damages, 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. 19 of 1897, s. 22; No. 36 of 1898, s. 9.
need not be
23. 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. 19 of 1897, s. 23.
PROCEEDS OF SALE, HOW DISPOSED OF.
24. The proceeds of the sale of any impounded animal sold Disposal of under the provisions of this Ordinance shall be applicable in sale
(a) Of any costs and charges attending such sale;
(c) To the impounder of such animal of the amount due
25. Any money paid to the minister under the provisions of to net proceeds 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. 19 of 1897, s. 25.
COMPLAINTS OF OWNER.
26. 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. 19 of 1897, s. 26.
27. 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 impounder 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 then the justice shall make an order for the payment forthwith of the amount claimed by the impounder 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 that 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 by such paragraph. No. 19 of 1897, s. 27; No. 36 of 1898, s. 10.
remedies at common law
28. 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. 19 of 1897, s. 28; No. 36 of 1898, s. 11.
29. 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. 19 of 1897, s. 29.
OFFENCES AND PENALTIES THEREFOR.
30. If any pound keeper
Penalties pound keepers 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 doing damage on the pound keeper's own property as described in section 6 of this Ordinance :
Purchasing impounded animals
Neglecting to care for
Not keeping books
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
4. Fails to pay over any money held by him under the provisions of this Ordinance for any person after payment of the same has been demanded by or on behalf of such person;
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 affected with any contagious or infechealthy with tious disease to be in the same inclosure with any impounded
proper notice Causing
damage by neglect
Burden of proof that animals are cared for, on
animal not so affected;
8. Fails to give any notice required by this Ordinance ;
9. Neglects to do anything required by this Ordinance to be done whereby damage is incurred by any person;
he shall in addition to any civil liability which he may incur by reason thereof be guilty of an offence and liable on summary conviction to a penalty not exceeding $100. No. 19 of
1897, s. 30; No. 36 of 1898, ss. 12, 13.
31. 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. 19 of 1897, s. 31.
Rescuing impounded animal Destruction of pound
Causing animal to trespass
32. 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. Drives any animal upon any cultivated land or to any stack of grain or hay or upon any slough growing hay. No. 19 of 1897, s. 32.