Penalty. Judgment to be recovered dog to wear a strap around its neck with the tag furnished by a pound-keeper to such owner attached to such strap. (3.) The owner of any dog running at large contrary to the provisions of this section shall be liable to a penalty of not less than five dollars and not more than thirty dollars, and, in default of payment, to imprisonment for a term not exceeding thirty days. (4.) No judgment shall be recovered against a peace offi against officer. cer for killing or impounding any dog unless the owner proves that when killed or impounded, Officer (a.) Such dog was not running at large contrary to the provisions of this section, and (b.) That the owner had paid the license fee in respect to such dog, and that such dog was wearing a strap with a proper tag. No. 22 of 1901, s. 2. 3. The commanding officer of the Northwest Mounted commanding Police force in the Yukon Territory shall appoint for every pound a peace officer as keeper thereof. N.W.M.P. to appoint pound keeper. Keeper to be furnished with license forms and tags. License to be numbered. Tag to be numbered. Pound keeper to issue license on payment of fee. Particulars of license to be entered on counterfoil. Pound keeper to give tag with license. (2.) Such keeper shall be furnished by such officer with license forms, metal tags and straps for fastening such tags to the necks of dogs; every such tag shall be so made as to be easily fastened to a strap placed around the neck of the dog. (3.) Every license form shall have a counterfoil, easily separated from a license form, and its counterfoil shall be numbered with the same number; license forms shall be numbered with consecutive numbers. (4.) Each tag shall be numbered to correspond with a license No. 22 of 1901, s. 3. 4. Upon payment by or on behalf of any owner of a license fee of two dollars, the pound-keeper to whom such fee is paid, shall issue to such owner a license in which shall be stated: 1. The date of issue; 2. The name of the owner of the dog in respect to which such license is issued; 3. The name of the person paying the fee, 4. A description of the dog, its name, probable age and No. 22 of 1901, s. 4. sex. 5. The pound-keeper shall enter the same particulars on the counterfoil of the license and retain the counterfoil. No. 22 of 1901, s. 5. 6. The pound-keeper shall deliver to the person who obtains a license such one of the tags furnished to such pound-keeper as bears the same number as the license. No. 22 of 1901, s. 6. 7. No owner of any dog impounded shall be entitled to Owner of dog impounded recover possession of such dog without paying to the pound- to pay fees. keeper, 1. A sum equal to seventy-five cents a day for each day such dog has been impounded, and 2. A license fee for such dog, if not already paid. No. 22 of 1901, s. 7. 8. If such sum and fee have not been paid within one If fees not month after such dog has been first impounded, the pound- to be sold. paid dog keeper may sell such dog at public auction after five days' public notice. No. 22 of 1901, s. 8. realized to be 9. The sum realized from such sale shall be appropriated How sum 1. To payment of the pound-keeper the sum of seventy- appropriated. five cents for each day such dog has been impounded; 2. To payment of any unpaid license fee in respect to such dog; 3. To payment of any penalty imposed upon the owner in respect to such dog remaining unpaid, unless the owner has undergone or is undergoing the imprisonment in default of such payment, and 4. The balance, if any, shall be paid to such owner on demand. [2] If there is no bid for any dog offered for sale at public auction under this Ordinance the pound-keeper may dispose of such dog in such manner as he sees fit at any time after such auction. No. 22 of 1901, s. 9. 10. Every pound-keeper shall quarterly, and whenever Pound keeper required by said commanding officer, account to such officer to make quarterly for the licenses, tags and straps furnished to such pound- returns. keeper, and shall deliver to such officer the detached counterfoils in the possession of such pound-keeper, and when so required, the licenses, tags and straps also, and shall pay to such officer the license fees received by such poundkeeper. No. 22 of 1901, s. 10. 11. Every pound-keeper shall keep a record of every dog To keep impounded, which record shall show the reason for im- record of dogs pounding, the date such dog was first impounded, length impounded. of time impounded, the name and address of the owner, if known, and the final disposal made of such dog; such record shall be open to public inspection, and shall be subject to the order of such commanding officer. No. 22 of 1901, s. 11. 12. Every pound-keeper shall forthwith upon selling To report any dog, report to such officer the facts of such sale, and the sale of dog. price obtained for such dog, and shall pay to such officer the balance of such price after deducting therefrom the sum of seventy-five cents for each day the dog sold was impounded. No. 22 of 1901, s. 12. 37-Y.0. After three months balance to be paid comptroller. All penalties, etc., to be paid to. Owner to state number 13. If no demand is made on the said commanding officer for any balance to which the owner of any dog sold is entitled, within three months after such sale, such officer shall pay such balance to the Territorial Treasurer, and the same shall form part of the general revenue fund of the Territory. No. 22 of 1901, s. 13. 14. Subject to the next preceding sections, all sums received by the commanding officer from pound-keepers or from any other source under the provisions of this Ordinance, and all penalties by whomsoever collected, shall be forthwith paid to such Treasurer and shall form part of said fund. No. 22 of 1901, c. 14. 15. Every owner shall when required by a peace officer of dogs owned furnish in writing to such peace officer a true statement of the number of dogs owned or kept by him. No. 22 of 1901, s. 15. or kept by him. Penalty, 16. Every person violating any provisions of this Ordinance. for violation of which no penalty is provided, shall be liable to a penalty of not less than five dollars and not exceeding one hundred dollars. No. 22 of 1901, s. 16. 1. The word "animal" means any horse, mule, jack, "Animal." goat, neat cattle, swine or geese; 2. The word "trespasser" means any animal which "Trespasser.” breaks into any ground enclosed by a lawful fence; 3. The word "estray" means any horse, mule, jack or "Estray." one of the neat cattle species, or any swine or geese running at large; 4. A legal fence, for the purpose of this Ordinance, shall Legal fence. be held to be not less than four feet six inches high, and shall consist of such courses of rails or wire, as the case may be, as shall be held sufficient for the protection of the ground within its bounds. No. 43 of 1899, s. 1. constitute 2. The Commissioner may, by order published in the Commissioner Yukon Official Gazette, constitute any part of the Yukon may into a pound district, and appoint therefor one or more pound pound-keepers. No. 43 of 1899, s. 2. districts and appoint pound keepers. occupier of lawful fence 3. The owner or occupier of any land surrounded by a Owner or lawful fence, or his agent, may capture any trespasser upon land" such land, and drive and deliver the same to the nearest surrounded by pound-keeper of the district in which the trespass was may capture committed, and the said pound-keeper shall impound such trespasser. trespasser and shall be responsible for the feed and safekeeping thereof, so long as he is legally bound to hold the same; and such pound-keeper shall collect the amount of the damages caused by, and all charges for the keep and Pound keeper other incidental expenses connected with such trespasser, may collect damages. Any person estray to before delivering up the same to the owner; and it shall be the duty of the captor to leave with the pound-keeper a statement in writing of his claim for damages done by such trespasser, and his reasonable charges incurred in driving the same to and delivering the same to the pound-keeper. No. 43 of 1899, s. 3. 4. Any resident in the Yukon Territory may capture any may deliver estray found within any pound district, and drive and delipound keeper. Ver the same to the pound-keeper of such district, and the said estray shall be dealt with in every way as a trespasser under this Ordinance. No. 43 of 1899, s. 4. Animal enclosed land trespasser. 5. In every case where damage is done to the enclosed breaking into lands of any person by any of the animals herein before mentioned breaking the fences enclosing the same, such animal shall be considered and treated as a trespasser within the meaning of this Ordinance, if that part of the fence broken by such animal is legal; although other parts of the enclosing fence are not legal; and any animal herein before mentioned breaking through a division fence, which its owner is bound to repair and keep up, shall be considered and treated as a trespasser within the meaning of this Ordinance, although the said fence is not a legal fence. No. 43 of 1899, s. 5. Person in same as owner 6. The owner or occupant of any land, or the person in charge liable charge of any animal, shall be liable for any damage caused by such animal under his charge as though such animal was his own property; and the owner of any animal not permitted to run at large by law shall be liable for any damage done by such animal, although the fence enclosing the premises is not a legal one. No. 43 of 1899, s. 6. Person leaving animal with pound keeper to deposit poundage fees, Owner entitled to animal on giving security. 7. The person capturing any animal shall, at the time of delivering the same to the pound-keeper, deposit poundage fees, if such are demanded, and with the statement of his demand, as hereinbefore provided, give to the pound-keeper with a surety, if required by the pound-keeper, his written agreement in the words, or to the following effect: "I, A. B., do agree that I will pay to the owner of the (describing the animal) by me this day impounded, all costs to which the said owner is put in case the distress by me proves to be illegal, or in case the claim for damages by me fails to be established." No. 43 of 1899, s. 7. 8. The owner of any animal impounded shall at any time be entitled to his animal on demand made therefor without payment of any poundage fees, on giving satisfactory security to the pound-keeper for all costs, damages and poundage fees that are established against him. No. 43 of 1899, s. 8. |