Accused purpose. was or were in fact committed by such person or persons, bound to and the onus of proof that the possession of the guns, decoys prove innocen or other implements of shooting or hunting so seized, as aforesaid, by such person or persons, was for some purpose other than shooting or hunting in violation of the provisions of this Act, shall be wholly and entirely upon the person or persons charged as aforesaid. so seized after (b) Any magistrate or justice of the peace before whom Confiscation any person is convicted of any of such offences shall order of guns, &c., the confiscation of the guns, decoys or other implements of conviction. shooting or hunting, seized by the game guardian as aforesaid, to His Majesty in the right of the Province, and the same shall thereupon be absolutely confiscated to His Majesty in the right of the Province. 17. This Act shall come into force on the day it is assented to. Power to borrow an additional for public works. HIS CHAPTER 31. An Act respecting the Town of Gladstone. [Assented to March 16th, 1906.] IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Notwithstanding anything contained in chapter 15 of 63-64 Victoria, being "An Act respecting the Town of Gladsum of $20,000 stone," it shall be lawful for the mayor and council of the Town of Gladstone to borrow, upon the credit of the said Town of Gladstone, a sum, not exceeding the sum of twenty thousand dollars ($20,000), for expenditure upon public works in the said Town of Gladstone, and to issue debentures of the said Town of Gladstone therefor, repayable in such manner and at such times as the council may by by-law determine; the period of such debentures, however, not to exceed a period of thirty years from the date of issue thereof, and the said debentures shall bear interest at a rate not exceeding five per cent. per annum; but the by-law authorizing the issue of the said debentures of the said Town of With assent Gladstone, under the provisions of this section, shall require to receive the assent of the duly qualified ratepayers of the said Town of Gladstone, in the manner prescribed in such cases by "The Municipal Act." of ratepayers. What includ Works.' (a) The expression "public works" used in this section ed in "Public shall extend to and include the construction and repair of bridges, streets and sidewalks, the erection of a town hall, and the procuring of fire apparatus and appliances. to. 2. This Act shall come into force on the day it is assented CHAPTER 32. An Act to Protect Horse Breeders in the [Assented to March 16th, 1906.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. This Act may be cited as "The Horse Breeders' Title of Act. Act." 2. The expression "Department" means the Depart- Interpretation ment of Agriculture and Immigration; and the expression owner includes a part owner. ment in 3. Every person, firm or company, standing or travell- Annual enroling any stallion for profit or gain in Manitoba, shall cause Department. the name, description and breeding of such stallion to be annually enrolled in the Department, and shall procure a certificate of such enrolment as hereafter provided. preceding rolment and case of pure 4. Such owner, when the stallion is pure-bred, shall Fees for enpay to the said Department for the first of such enrolments certificate in and certificate the sum of two dollars, and a renewal certifi- bred stallion. cate shall be issued annually on surrender of the one and on payment of a fee of twenty-five cents. Provided Proviso in that, in case of a sale or transfer of a stallion once so enrolled, transfer. the new owner, upon filing proof of such sale or transfer to him, and, if required, surrendering the original certificate, shall be entitled to a new certificate of enrolment upon payment of the sum of one dollar. case of sale or to obtain soundness of stallion from Department. 5. In order to obtain the Department's endorsation of Proceedings soundness on the license certificate, herein provided for in certificate of form A in the schedule hereto, the owner of each pure-bred pure-bred stallion shall sign and make a statutory declaration before a commissioner for taking affidavits or before a notary public that such stallion is, to the best of his knowledge, free from hereditary or transmissable unsoundness or disease, or in lieu thereof may file a certificate of freedom therefrom signed by a duly qualified veterinarian, licensed in Manitoba, and shall forward such statutory declaration or veterinarian's List of diseas- certificate, together with the other necessary papers relating as hereditary to his breeding and ownership, to the Department. unsoundness. following diseases are considered as hereditary unsound es considered Certificate to be posted up in stable. The or nesses, disqualifying a stallion for breeding purposes: Bone spavin, cataract, curb, navicular disease, periodic opthalmia, sidebones, ringbone, roaring, thickwind whistling, thoroughpin or bog spavin. In case the owner of a stallion does not comply with the above requirements the license certificate issued shall be on form B. 6. The owner of any stallion shall post up and keep affixed during the whole of the season copies of the certificate of such stallion, issued under the preceding sections, in a conspicuous place in every stable or building where the said stallion stands regularly for public service. Form of certi- 7. The certificate issued for a pure-bred stallion, regficate for pure- istered in a stud book approved by the Department, shall be in forms A or B in the schedule hereto. bred stallion. Form for half-breeds. Form when not pure-bred. Advertisements, bills, &c., to contain copy of certificate. What shall be evidence of advertise ment. Proceedings to secure lien on offspring stallion. 8. The certificate issued for a stallion, whose sire and dam are pure-bred but not of the same breed, shall be in form C in the schedule hereto. 9. The certificate issued for a stallion that is not purebred shall be in form D in the schedule hereto. 10. Every bill, poster or advertisement issued by the owner of any stallion enrolled under this Act, or used by him when advertising such stallion, shall contain a copy of the certificate of enrolment. 11. The production of any bill, poster or other printed or written matter advertising any stallion for public service shall be prima facie evidence that such bill, poster or other advertising material was used to advertise the stallion named and described therein by or with the consent of the owner or owners of the said stallion. 12. The owner of any stallion holding a certificate of enrolment for such stallion under section 7 of this Act, or for service of his agent, may file in the office of the clerk of the County Court of the judicial division in which the owner or person in charge of any mare, upon which such stallion performs service, resides, within fourteen months after such service has been performed, a statutory declaration setting forth: (a) the amount of service fee; (b) that the same is unpaid; (c) the fact of service; (d) a reasonable description of such mare; (e) the name and address of the owner of such mare; and the County Court clerk shall file the said declaration upon receipt of a fee of ten cents. if Act com 13. The owner of such stallion, upon filing such decla- Lien declared ration and complying with the provisions of' this Act, shall plied with. have a lien to the amount of said service fee and costs as hereinafter provided upon the colt or filly, the offspring of any such stallion from the service in respect of which the said declaration is filed, which lien shall take priority over Priority of. any and all writs of execution, chattel mortgages, bills of sale, liens, claims and incumbrances whatsoever. sion of off not paid. 14. If payment of the service fee is not made before the Taking possesfirst day of January in the year following the year in which spring if fee the colt or filly is born, the owner of said stallion or his duly appointed agent may, at any time before the first day of May following, take possession of the colt or filly upon which he has such lien as aforesaid, wherever the same may be found, and may proceed to sell the same by public auction Sale to realize after giving the person, in whose possession the said colt or filly was when taken, ten days' notice in writing of such in- Notice of sale, tention to sell, which notice may be effectually given to such given. person by delivering the same to him personally or by posting the notice up on the door of the last known place of residence of such person in Manitoba. amount. how to be proceeds of 15. The proceeds of such sale shall be applied first in Application of payment of the reasonable expenses of the taking of posses- sale. sion, giving of notice and conduct of sale, not in all in any one case exceeding ten dollars; next in payment of the said service fee; and the balance shall be paid by the owner of the stallion on demand to the person from whose possession such colt or filly was taken. violation of 16. Violation of or failure to comply with any of the Penalty for provisions of this Act shall be an offence for which the Act. offender shall be liable, on summary conviction before a police magistrate or a justice of the peace, to a penalty not exceeding $25. 17. Chapter 73 of the Revised Statutes of Manitoba, Repeal of c. 73 1902, is hereby repealed. 18. This Act shall come into force on the day it it assented to. of R.S.M. 1902. |