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issued by the commissioner of agriculture on payment to him of a fee of $15.

(2) Such license shall only apply for a period commencing on the first day of August and ending on the thirty-first day of December in the year in which it is issued and as to such period shall only confer the right to hunt, take or kill any of such animals or birds after the expiration of two weeks from the first day on which any such animal or bird may lawfully be hunted, taken or killed by any resident of the Territories and ́subject hereto such license shall only bestow the right to hunt, take or kill as limited by this Ordinance. No. 40 of 1898, s. 4.

21. All members of the North-West Mounted Police Force N.W.M. Police shall be er officio game guardians under the provisions of this ex officio game

Ordinance. No. 8 of 1893, s. 18.

guardians

22. This Ordinance shall only apply to such Indians as it is Indians specially made applicable to in pursuance and by virtue of the powers vested in the Superintendent General of Indian Affairs of Canada by section 133 of The Indian Act as enacted by 53 Victoria, chapter 29, section 10. No. 8 of 1893, s. 19.

23. No person shall fire at, hunt, take or kill any of the ani- Enclosed lands mals or birds mentioned in this Ordinance which are upon or over any lands inclosed by a fence of any description or upon or over any lands in a state of cultivation, who has not obtained the consent of the occupier thereof. No. 20 of 1894, s. 1.

24. Any person contravening the provisions of the last pre- Penalty ceding section shall upon summary conviction be liable to be fined in a sum not excceding $25. No. 20 of 1894, s. 2.

Depositing filth in streams

Penalty

Banks of streams

Sewage

CHAPTER 86.

An Ordinance to Prevent the Pollution of Running

THE C

Streams.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

1. Any person who deposits or causes or allows to be deposited along the bank of any running stream in the Territories or who shall cast or throw into its waters any stable manure or any night soil, carcases, or any other filthy or impure matter or substance of any kind shall be guilty of an offence and on summary conviction for each and every such offence incur a penalty of not less than $5 together with the costs of prosecution; and on non-payment of such penalty and costs forthwith after conviction be imprisoned in the nearest common gaol for a term not exceeding one month unless such penalty and costs are sooner paid. R.O. c. 22, s. 1; No. 38 of 1897, s. 45 (1).

2. The banks of all running streams within the Territories shall for the purposes of this Ordinance include all lands within fifty feet of ordinary high water mark on either side of such streams. R.O. c. 22, s. 2.

3. This Ordinance shall not refer to the discharge of sewer waters from any pipe or drain leading from any dwelling house, hotel or public institution. R.O. c. 22, s. 5.

CHAPTER 87.

An Ordinance for the Prevention of Prairie and
Forest Fires.

TH

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

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2. Any person who shall either directly or indirectly, per- Causing sonally or through any servant, employee or agent

(a) Kindle a fire and let it run at large on any land not

his own property;

(b) Permit any fire to pass from his own land; or

(e) Allow any fire under his charge, custody or control or
under the charge, custody or control of any servant,
employee or agent to run at large,

prairie fires,

shall be guilty of an offence and shall on summary conviction penalty
thereof be liable to a penalty of not less than $25 and not
more than $200 and in addition to such penalty shall be liable
to civil action for damages at the suit of any person whose
property has been injured or destroyed by any such fire. No.
38 of 1898, s. 2.

CAMP OR BRANDING FIRES.

extinguish

3. Any person who kindles or is a party to kindling a fire Camp or in the open air for camping or branding purposes and who branding fires, leaves the same without having extinguished it shall be guilty ment of an offence and liable on summary conviction thereof to a penalty not exceeding $100. No. 38 of 1898, s. 3.

CLEARING LAND.

4. No person shall directly or indirectly, personally or by Fireguards in any servant, agent or employee kindle on any land a fire for certain cases the purpose of guarding property, burning stubble or brush or clearing land unless the land on which the fire is started is at the time it is started, completely surrounded by a fireguard not less than twenty feet in width consisting of land covered with snow or water or so worn, graded, ploughed, burned over or covered with water as to be free of inflammable matter and any person kindling a fire for such purpose shall during the whole period of its continuance cause it to be guard

Railway

employees

ed by three adult persons provided with proper appliances for extinguishing prairie fire.

(2) Any person contravening this section shall be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding $100. No. 38 of 1898, s. 4.

FIRES BY RAILWAY EMPLOYEES.

5. Nothing in this Ordinance shall prevent any railway companies and company or its employees from burning over the land held by it under its right of way and the land adjoining the same to an extent not exceeding three hundred feet in width on each side of the centre line of the railway.

Fires before 7th May

Overseers of local

improvement districts, exception

(2) Every person causing, commencing or in charge of such burning shall cause the same during the whole period of its continuance to be watched and guarded by at least four men provided with suitable appliances for extinguishing prairie fire and in default thereof shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $100. (3) This section shall not relieve any person from liability under this Ordinance if any fire so started shall escape or run at large. No. 38 of 1898, s. 5.

SPRING BURNING.

6. Nothing herein contained shall prevent any person from kindling fire before the 7th day of May in any year for the purpose of clearing any area of land not exceeding three hundred and twenty acres if such land is completely surrounded by a fire guard not less than ten feet in width consisting of land covered with snow or water or being so worn, graded, ploughed, burned over or covered with water as to be free from inflammable matter.

(2) Any person so kindling a fire shall cause it to be guarded during the whole period of its continuance by three adult persons provided with proper appliances for extinguishing prairie fire and should such fire be left without being so guarded or be allowed to escape such person shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $100. No. 38 of 1898, s. 6.

FIRES BY LOCAL IMPROVEMENT OVERSEERS.

7. Nothing in this Ordinance contained shall prevent the overseer of any local improvement district from kindling a fire for the purpose of making a fire guard but the area which it is proposed to burn must be completely inclosed by a fire guard at least ten feet in width such as is described in section 6 hereof and such fire so kindled must during the whole period of its burning be guarded by such number of men provided with proper appliances for extinguishing prairie fire, not being less than four men, as will be reasonably sufficient to control such fire and if the precautions hereby required are not

taken or if such fire should escape and run at large such overseer shall be deemed guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding $100. No. 38 of 1898, s. 7.

PROSECUTIONS.

8. It shall not be necessary that any prosecutor or com- Burden of plainant shall in any information or complaint for an offence Prof Negativing under this Ordinance negative any exemption, exception, pro- exceptions viso or condition herein contained or prove any such negative at the hearing or trial but the accused person may prove the affirmative thereof in his defence if he wishes to avail himself of it. No. 38 of 1898, s. 8.

RIGHTS OF ACTION PRESERVED.

9. Nothing in this Ordinance shall bar or prevent any per- Rights son from bringing any action against any person to which he preserved may otherwise be entitled. No. 38 of 1898, s. 9.

FIRE GUARDIANS.

10. The commissioner of agriculture may appoint fire Fire guardians guardians having the powers of constables to enforce the provisions of this Ordinance and all justices of the peace, all members of the North West Mounted Police force and all overseers of local improvement districts shall be ex officio fire guardians. No. 38 of 1898, s. 10.

fire guardians

11. Any fire guardian may order any grown-up male person Powers of under sixty years of age (other than postmasters, railway station agents, members of the medical profession, telegraph operators, conductors, engineers, brakesmen, firemen or trainmen) residing or then being within ten miles of a prairie fire or within fifteen miles of a bush fire to proceed at once to the locality of such fire and assist in extinguishing it; and any person neglecting or refusing without lawful excuse to obey any such order shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $5. No. 38 of 1898, s. 11.

THRESHING ENGINES.

and operation

engines

12. The following provisions shall be observed in and about Management the management and operation of engines used for threshing: of threshing 1. The engine shall not be placed for the purpose of working so that any part thereof will be within thirty feet from any building or stack;

2. A metal pan of adequate size shall be placed under the engine as a receptacle for cinders and ashes and such metal pan shall be kept filled with water;

3. Before the fires are lit in the furnace and during the whole time the engine is in operation the reservoir in the smoke stack shall be filled with water;

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