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1903

CHAPTER 23

An Ordinance to Protect Horse Breeders in the
North-West Territories.

[Assented to June 19, 1903.]

THER

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

SHORT TITLE.

66

1. This Ordinance may be cited as The Horse Breeders' Short title Ordinance." 1899, c. 20, s. 1.

INTERPRETATION.

2. The expression "Commissioner" means the Commissioner Interpretation of Agriculture;

The expression "Department" means the Department of Agriculture;

The expression "owner" includes a part owner.

of stallions

3. Every person, firm or company standing or travelling Registration any stallion for profit or gain in the North-West Territories shall cause the name, description and pedigree of such stallion to be enrolled in the department and shall procure a certificate of such enrolment as hereafter provided.

(2) No fee shall be required for such enrolment and certificate for any stallion registered under the provisions of chapter 20 of the Ordinances of 1899 but in all other cases there shall be paid for such enrolment and certificate a fee of $2.

(3) Upon a transfer of the ownership of any stallion enrolled. under this section the certificate of enrolment may be transferred to the transferee by the commissioner upon proof to his satisfaction of such transfer and upon payment of the fee of $1. 1899 c. 20, s. 2.

certificate of

4. The owner of any stallion shall post up and keep affixed Copies of during the whole of the season copies of the certificate of such registration to stallion issued under the next preceding section in a conspicuous be posted up place both within and upon the outside of the main door leading into every stable or building where the said stallion stands regularly for public service.

5. The certificate issued for a stallion whose sire and dam Certificate of pure bred are of pure breeding and which is registered in a stud book stallion

approved by the commissioner shall be in form A in the schedule hereto.

Certificate of 6. The certificate issued for a stallion whose sire or dam is grade stallion not of pure breeding shall be in form B in the schedule hereto.

Certificate of cross bred stallion

Advertisements of stallions

Evidence of advertisement

7. 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.

8. Every bill, poster or advertisement issued by the owner of any stallion enrolled under this Ordinance or used by him for advertising such stallion shall contain a copy of its certificate of enrolment. 1899 c. 20, s. 3.

9. 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.

Filing

evidence of claim for service

REGISTRATION OF LIEN FOR SERVICE.

10. The owner of any stallion holding a certificate of enrolment for such stallion under section 5 of this Ordinance or his agent may file in the office of the registration clerk of the registration district for mortgages and other transfers of personal property in which the owner or person in charge of any mare upon which such stallion performs service resides, within twelve months after such service is performed, a statutory declaration setting forth:

1. The amount of service fée ;

2. That the same is unpaid;

3. The fact of such service;

4. A reasonable description of such mare; and

5. The name and residence of the owner of such mare.

(2) For filing such statutory declaration the registration clerk shall be entitled to a fee of ten cents. 1899, c. 20, s. 4.

Effect of filing 11. The owner of such stallion upon filing such statutory declaration and complying with the provisions of this Ordinance shall have a lien for the amount of said service fee and costs as hereinafter provided upon the colt or filly the offspring of any such stallion by reason of the service in respect of which such statutory declaration is filed which lien shall take and have priority over any and all writs of execution, chattel mortgages, bills of sale, claims and encumbrances whatsoever. 1899, c. 20, s. 5.

ENFORCEMENT OF LIEN.

12. If payment of the service fee is not made before the sale of colt first day of January in the year following the year in which the colt or filly is born, the owner of said stallion or his duly authorised 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 after giving the person in whose possession the said colt or filly was when taken ten days' notice in writing of such intention to sell which notice may be effectually given to such person by delivering the same to him personally or by posting it upon the door of such person's last known place of residence in the North-West Territories. 1899, c. 20, s. 6.

13. The proceeds of sale shall be applied first in payment of Application of proceeds the reasonable expenses of the taking of possession, giving of notice, and conduct of sale, not in any case to exceed $10 in all, and next in payment of said service fee, and the balance shall be paid forthwith by the owner of the stallion to the person from whose possession such colt or filly was taken. 1899, c. 20, s. 7.

14. Violation of any of the provisions of this Ordinance Penalties shall be an offence for which the offender shall be liable on summary conviction to a penalty not exceeding $25.

15. Chapter 20 of the Ordinances of 1899 is hereby Repeal repealed.

16. This Ordinance shall come into force on the first day Commenceof January, 1904.

ment

SCHEDULE.

FORM A.

GOVERNMENT OF THE NORTH-WEST TERRITORIES OF CANADA.
DEPARTMENT OF AGRICULTURE.

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ment and I hereby certify that the said stallion is of pure breeding and is registered in a stud book recognised by the

department.

Commissioner of Agriculture.

FORM B.

GOVERNMENT OF THE NORTH-WEST TERRITORIES OF CANADA DEPARTMENT OF AGRICULTURE.

Certificate of Grade Stallion No.

The pedigree of the stallion

described as follows:

(colour)

foaled in the year

(Name)

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has been examined in the depart

ment and it is found that the said stallion is not of pure breeding and is, therefore, not eligible for registration in any stud book recognised by the department.

Commissioner of Agriculture.

FORM C.

GOVERNMENT OF THE NORTH-WEST TERRITORIES OF CANADA. DEPARTMENT OF AGRICULTURE.

Certificate of Cross Bred Stallion No.

The pedigree of the stallion

described as follows:

(colour)

foaled in the year

has been examined in the depart

ment and it is found that his sire is registered in the

and his dam in the

Such being the case, the said stallion is not eligible for registration in any stud book recognised by the department.

Commissioner of Agriculture.

1903

CHAPTER 24

An Ordinance respecting Noxious Weeds.

[Assented to June 19, 1903.]

THER

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

SHORT TITLE.

1. This Ordinance may be cited as "The Noxious Weeds Short title Ordinance." 1899, c. 22. s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires Interpretation 1. The expression "noxious weeds" shall include tumbling mustard, hare's-ear mustard, cominon wild mustard, ball mustard tansy mustard, wormseed mustard, false flax, shepherd's purse, stink weed, red root, Canada thistle, Russian thistle, ragweed and wild oats;

2. The expression "Department" means the Department of Agriculture;

3. The expresssion "Commissioner " means the Commissioner of Agriculture;

4. The expression "Inspector" means an inspector appointed under this Ordinance;

5. The expression " occupant" means a person occupying or having the right to occupy any land;

6. The expression "owner" includes every person who has any estate or interest in land, or who has any right to be vested with such an estate or interest. 1899, c. 22, s 2; 1900, c. 31, s. 1.

INSPECTORS AND OTHER OFFICERS.

and officers

3. The commissioner may from time to time appoint such Appointment inspectors and other officers as may be required to carry out the of inspectors provisions of this Ordinance, fix their remuneration and define their duties. 1899, c. 22, s. 3.

DUTY OF OWNER OR OCCUPANT OF LAND.

4. Every owner or occupant of land shall destroy all Noxious weeds noxious weeds thereon, and if he makes default in so doing he

to be destroyed

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