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An Ordinance respecting Noxious Weeds.
sent of the Legislative Assembly of the Territories enacts as follows:
1. This Ordinance may be cited as Ordinance." No. 25 of 1897, s. 7.
The Noxious Weeils
2. When used in this Ordinance the expression “noxious weed" shall nean hedge mustard, hare's ear mustard, black mustard, common mustard, any other variety of mustard and ragweed, tumble weed, red root, Canada thistle, Russian thistle, wild oats and French weed. No. 17 of 1896, s. 1 ; No. 25 of 1897, s. 1.
3. For the purpose of carrying out the provisions of this Ordinance the commissioner of agriculture may appoint one or more weed inspectors, fix their remuneration and define their duties. No. 25 of 1897, s. 2; No. 40 of 1898, s. 6.
DESTRUCTION OF NOXIOUS WEEDS.
Weeds to be cut down
4. It shall be the duty of the owner of any land to cut down or destroy all noxious weeds growing on his land so often in each and every year as is sufficient to prevent the ripening of their seed. No. 17 of 1896, s. 3 ; No. 25 of 1897, s. 3.
Inspector to give notice requiring Owner to destroy weeds
5. It shall be the duty of the inspector to give or cause to be given notice in writing to the owner or occupant of any land whereon any noxious weeds are growing and in danger of going to seed (and in case of property of a railway company the notice shall be given to the nearest railway section foreman of the company) requiring him to cause the same to be cut down or destroyed within not more than five days from the service of the notice and such notice shall be given by such inspector when and so often as may be necessary to prevent the ripening of the seed of any such noxious weeds. No. 17 of 1896, s. 4; No. 25 of 1897, s. 4.
straw after threshing
Destruction of 6. In case the inspector shall discover that noxious weeds or of er burning tops exist on land on which a crop has been sown it shall be
optional for the inspector to order the growing crop to be destroyed or notify the owner or occupant in writing to burn the straw grown upon the said land within ten days after he shall have threshed the said crop. No. 17 of 1896, s. 5.
7. In case such owner or occupant of any land or if it be Penalty for railway property then the railway section foreman upon whom reflect to
refusal such notice has been served, refuses or neglects to cut down or destroy weeds destroy or to cause to be cut down and destroyed any of the said noxious weeds within the time specified in such notice and if such noxious weeds are not cut down and destroyed within tlie specified time the owner or occupant or section foreman shall on summary conviction be liable for each offence to a fine not exceeding $100 together with the costs of prosecution and in default of the payment thereof the person so convicted may be imprisoned in the nearest lockup or common gaol for any terin not exceeding thirty days unless such fine and costs together with the costs of prosecution be sooner paid. No. 17 of 1896, s. 6.
8. In the case of unoccupied lands the inspector may notify Inspector's the owner thereof, if his address be known, requiring him to land not cut down and destroy or cause to be cut down and destroyed all occupied noxious weeds growing upon the said lands within not more than five days and if such noxious weeds are not cut down and destroyed within the specified time and if the address of the owner be not known the inspector may enter upon the lands and cause such noxious weeds to be cut down and destroyed and the expenses so incurred may be recovered froin such owner by an action at law to be brought in the name of the inspector. No. 17 of 1896, s. 7; No. 25 of 1897, s. 5.
OFFENCES AND PENALTIES.
9. Every inspector who refuses or neglects to discharge the Penalty for duties imposed upon him by this Ordinance shall upon summary by inspector conviction be liable to a fine of not more than $20. No. 17 of 1896, s. 8.
10. Any person who sells or offers to sell any grass, clover Penalty for or other seed, or any seed grain among which there is seed of selling feed
containing any noxious weed shall for every such offence upon summary conviction be liable to a fine of not more than $100. No. 17 of 1896, s. 9.
11. Any person selling or otherwise disposing of any clean- Mill and ings or other refuse containing seeds of noxious weeds from refuse any elevator or mill without first destroying the germinating conda gelen qualities of such seed of noxious weeds shall be liable on summary conviction to a penalty of not less than $25 nor more than $100. No. 17 of 1896, s. 10.
An Ordinance for the Protection of Game.
HE Lieutenant Governor by and with the advice and con
sent of the Legislative Assembly of the Territories enacts as follows:
1. This Ordinance may be cited as “The Game Ordinance." No. 8 of 1893, s. 1.
PROHIBITIONS AND PENALTIES.
2. No elk, moose, cariboo, antelope, deer or their fawn, mountain sheep or goat shall be hunted, taken or killed between the first day of February and the first day of October in any year:
Provided always that no person shall be allowed to kill or take more than six head of the aforesaid animals in any one season except for the purpose of food for himself or his family:
Provided also that south of the line between townships 22 and 23 and east of the line between ranges 23 and 24 west of the second meridian according to the Dominion lands system of survey, none of the animals mentioned in this section shall be hunted, taken or killed until the first day of October, 1901 ;
Provided also that the fawn of any of the said animals may be taken alive and domesticated. No. 15 of 1895, s. 1; No. 26 of 1897, ss. 1, 3.
3. No person shall fire at, hunt, take or kill-
2. Any grouse, partridge, pheasant or prairie chicken between the fifteenth day of December in any year and the fif. teenth day of September in the following year;
3. Any kind of wild duck, snipe or sandpiper between the first day of January and the twenty-third day of August in any year. No. 8 of 1893, s. 3; No. 15 of 1895, s. 2; No. 40 of 1898, S. 4.
4. No person shall at any time disturb, injure, gather or take the eggs of any species of wild fowl or birds mentioned in this Ordinance. No. 8 of 1893, s. 4.
Number of birds one kill Rirson inay
5. No person shall kill in one day more than twenty of the birds mentioned in subsection 2 of section 3 hereof. No. 15 of 1895, s. 3.
6. None of the contrivances for the taking or killing of the of capture
wild fowl known as swans, geese or ducks, which are described probibited as swivel guns, batteries, sunken punts or night lights shall be
used at any time nor shall any person use grain, seed or other description of food steeped in opium, alcohol or other narcotics for the purpose of stupefying and capturing any species of wild fowl except geese. No. 8 of 1893, s. 5.
Close season for mink,
7. No person shall hunt, trap or kill in any year
1. Any mink, fisher or marten between the fifteenth day of fisher, marten. April and the first day of November;
2. Any otter or beaver between the fifteenth day of May and the first day of October :
Provided that in the Dominion electoral district of the East riding of Assiniboia no beaver shall be hunted, trapped or killed at any time until the first day of November, 1901. No. 8 of 1893, s. 6; No. 19 of 1896.
8. No person shall hunt, trap or kill any muskrat between Muskrat the fifteenth day of May and the first day of November in any year. No. 8 of 1893, s. 6; No. 19 of 1896.
9. No bird named in this Ordinance except geese shall be instruments of taken or killed at any time by means of any rope, snare, spring, mat he which cage, net or trap and no engine shall be at any time for such destroyed purpose placed, constructed, erected or set, either wholly or in part; and any person finding any rope, snare, spring, cage, net or trap or engine so placed, constructed or set
placed, constructed or set may take possession of or destroy the same without such person thereby incurring any liabilities therefor. No. 8 of 1893, s. 7.
10. During the time in which it is unlawful to kill any Primu facie animal or bird as herein provided the possession of any part unlawful of such animal or bird (except the skin) shall be deemed prima killing facie evidence that such animal or bird was unlawfully killed or taken. No. 26 of 1897, 4.
11. The commissioner of agriculture may appoint guardians Game having the power of constables to enforce the provisions of guardians this Ordinance. Every such guardian so appointed shall forthwith seize the carcase of any animal or bird referred to in the preceding section or any portion thereof found by him in the possession or custody of any person during any forbidden period or which appear to him to have been taken or killed during such period or by any of the illegal means set forth herein and bring it before the nearest justice of the peace who, unless the person in whose possession the said carcase is found being first notified of the seizure establishes to the satisfaction of the said justice by his oath or otherwise that the provisions of this Ordinance in that respect have not been contravened, shall declare it confiscated either in whole or in part. No. 8 of 1893, s. 9; No. 40 of 1898, s. 4.
12. All animals or birds or portions of animals or birds so confiscated confiscated shall belong to the guardian. No. 8 of 1893, s. 10. game
13. No person or corporation shall at any time or in any Export
manner export or cause to be exported or carried out of the limits of the North-West Territories any grouse, partridge, pheasant, prairie chicken, elk, moose, cariboo, antelope or their fawn. No. 8 of 1893, s. 11; No. 26 of 1897, s. 5.
14. Any violation of any of the provisions of this Ordinance shall be an offence punishable, on summary conviction before a justice of the peace, as respects killing or taking of buffalo with a fine not exceeding $100 : and as respects any other violation of this Ordinance with a fine not exceeding $50, with costs of prosecution, half of which fine shall be paid to the informer on his demand therefor and the other half shall be paid into the general revenue fund of the North-West Territories : but if the informier inakes no demand for half of the fine at or before the conclusion of the trial then the whole of the fine shall be paid into the general revenue fund of the North-West Territories. On nonpayment of such fine and costs forth with after conviction the offender shall be imprisoned in the nearest gaol for a period not exceeding two months. No. 8 of 1893, s. 12.
Tiine for prosecution
15. No prosecution shall be brought under the preceding section after three calendar months from the day of the committing of the offence charged. No. 8 of 1893, s. 13.
Birds or eggs for scientific purposes
16. The commissioner of agriculture upon application being made to him by any person may grant such person written permission to procure birds or eggs for scientific purposes during the close season.
(2) Every such application shall state the kind and number of birds or eggs required and the special scientific purposes for which such birds or eggs are intended and every application shall be verified by affidavit of the applicant. No. 8 of 1893, s. 14 : No. 26 of 1897, s. 6.
Person in actual want may kill
17. Notwithstanding anything hereinbefore contained any traveller, family or other person in a state of actual want may kill any
bird or animal herein mentioned and take any egg or eggs herein before referred to for the purpose of satisfying his or their immediate wants but not otherwise. No. 8 of 1893,
18. No person shall at any time offer for sale, barter or experson killing change any prairie chicken that has been caught or killed by
any person other than himself. No. 8 of 1893, s. 16.
Mountain sheep or goat must not be sold
19. No person shall sell or expose for sale, barter or trade nor shall
any person buy or obtain from any other person by barter or trade or in any other manner any mountain sheep or goat or any part thereof. No. 26 of 1897, s. 2.
20. No person who is not a resident of the Territories shall nonresidents hunt, take or kill any of the aforesaid animals or birds unless he has obtained a license therefor which license may be