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33. The following and no other shall be the fees authorised Authorised by this Ordinance in connection with animals impounded within any herd district:
1. To the proprietor of any land trespassed upon or other Expenses property injured by any animal or the proprietor capturing animal to any estray, for driving and delivering such animal to the pound 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 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 ;
4. To such proprietor for notifying the owner or for every Giving notice day any animal is lawfully detained before being placed in temporary pound, such fees for making such notification and for the sustenance 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 sustenance Sustenance of of each animal for each day such animal is impounded as fol- animals impounded lows:
For each stallion or bull, twenty-five cents;
For each other horse, mule, jack, head of cattle or swine,
For each sheep or goat, five cents;
6. To the pound keeper for notifying owner of animal im- Notice to pounded, ten cents;
7. To the pound keeper for forwarding notification to de- Notice to partment for insertion in the official gazette, ten cents;
8. To the pound keeper for posting notices of animals im- Notices posted pounded, each such notice to include all animals impounded at 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 duties, 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.
19 of 1897, s. 33; No. 36 of 1898, s. 14.
To the Lieutenant Governor in Council--
We, the undersigned, being proprietors or occupiers of land in (here describe the district proposed to be constituted as a herd district) hereby record our objection to the provisions of the The Herd Ordinance being enforced within the said District:
LAND OWNED OR OCCUPIED.
Quarter Section T'wnship Range 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 persons residing in the proposed Herd District and owning or occupying land therein);
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 herd 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 it to be of the same force and effect as if made under oath and by virtue of The Canada Eridence Act 1893.
To (name of owner or Department of Agriculture, as the case may be.)
Notice is hereby given under section 19 of The Herd 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) on day the
(Signature of Pound Keeper.)
When dog may be killed
Proceedings against owner
An Ordinance for the Protection of Sheep and other
HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:
1. Any person may kill any dog in the act of pursuing, worrying or destroying cattle, horses, sheep, pigs or poultry elsewhere than on the inclosed land occupied by the owner of such dog. R.O. c. 16, s. 1; No. 38 of 1897, s. 42.
2. On complaint made on oath before a justice of the peace of vicious dog that any person owns or has in his possession a dog which has within three months previous, worried, injured or destroyed any cattle, horses, sheep, pigs or poultry outside of the inclosed land occupied by the owner of such dog, such justice of the peace may issue his summons directed to such person stating shortly the matter of such complaint and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint; and upon conviction on the evidence of one credible witness other than the complainant, of having such dog in his possession, the justice of the peace may make an order for the killing of such dog within three days and in default thereof may in his discretion impose a fine upon such person not exceeding $20 with costs. R.O. c. 16, s. 2;
Action for damages not barred
No. 37 of 1898.
3. No order or conviction under this Ordinance shall bar any action by the owner or possessor as aforesaid for the recovery of damages in respect of the subject matter for which such conviction is had. R.O. c. 16, s. 3.
4. It shall not be necessary for the plaintiff in any action knowledge of for injuries done by a dog as aforesaid to prove that the defendant was aware of the propensity of the same to pursue and injure animals nor shall the liability of the owner or possessor as aforesaid of any dog for any injury done by such dog depend upon his previous knowledge of the propensity of the same to injure animals. R.O. c. 16, s. 4.
An Ordinance respecting Stock Injured by Railway
HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts
1. In the event of any stock being killed or injured by any Notices to railway train the conductor or other person in charge of the given when said train shall forthwith notify the nearest station agent of or injured the railroad company upon whose line of railway the accident has occurred and the said agent shall forthwith in case the owner is known or afterwards becomes known to the agent send a notice to the owner stating the date and place of the accident. No. 18 of 1895, s. 1; No. 38 of 1897, s. 43 (1).
2. The agent shall in all cases forthwith post in a public Notice to place and manner in the station house a notice giving a full description of the animal or animals with a statement of the time and place where the animal or animals were killed or injured and such notice shall not be removed for three months unless in the meanwhile the owner becomes known to the agent. No. 18 of 1895, s. 1 (a); No. 38 of 1897, s. 43 (2).
3. Any person infringing any of the provisions of this Or- Penalty dinance shall be liable on summary conviction thereof to a penalty of not more than $50. No. 18 of 1895, s. 2.