Certificate of inspection.

Posting up of certificate of inspection.

Penalty for operating boiler without certifcate.

Penalty for constructing defective boilers or

27. The certificate of inspection to be granted under this Act shall be in the form in schedule A to this Act or to the like effect. R.S.M. c. 160, s. 27.

28. Such certificate when issued shall be posted up in a conspicuous place on the boiler or engine or in the engine room in such place as the inspector directs, but the certificate of inspection for a portable boiler may be kept on the premises of the owner and shall be accessible at all times. No person operating such boiler or engine shall operate the same at a higher pressure than that authorized in the certificate. R.S.M. c. 160, s. 28, part; 9 Ed. 7, c. 68, s. 5.

PENALTIES.

29. Any person operating a boiler, as well as the lessee or owner thereof in case the same is being operated with his consent, without there being an unexpired certificate of inspection thereof, shall, unless the absence of the certificate is due to neglect or default of an inspector, be liable to a penalty of five dollars a day for each day that he shall operate such uncertificated boiler. R.S.M. c. 160, s. 25.

30. Every person who constructs a boiler or steam pipe of iron or steel plates known to be faulty or imperfect; or steam pipes. who drifts any rivet hole to make it come fair; or who delivers any such boiler for use knowing it to be imperfect in its flues, flanges, riveting, bracing or in other of its parts, shall be liable to a fine of two hundred dollars. R.S.M. c. 160, s. 14.

Penalty for operating

defective

boiler.

Penalty for false certifcate by inspector.

Penalty for tampering

with seals of safety valves

31. It shall be the duty of the person operating or owning any boiler pronounced by the inspector unsafe to cease to use the same until such repairs as are indicated by the inspector are made, and in case of failure to comply with the requirements of the inspector, the person owning, as well as the person operating, any such boiler shall be liable to a fine not exceeding one hundred dollars and shall also be liable for any damages to person and property resulting therefrom. R.S.M. c. 160, s. 15.

32. Any inspector who wilfully certifies falsely regarding any boiler or its attachments, shall be liable to a fine not exceeding five hundred dollars. R.S.M. c. 160, s. 20.

33. Every person who tampers with or removes the seal on any valve referred to in paragraph (i), section 10, except referred to in by the direction of and in the presence of the inspector, and every owner and operator who wilfully or negligently suf

section

10

(1).

fers or permits any tampering with the said seal, shall be liable to a fine of not less than fifty dollars nor more than one hundred dollars. 10 Ed. 7, c. 68, s. 2.

Penalty for

34. Any person who in any way interferes with or re-removing tag. moves the official tag referred to in section 22 shall, be liable to a penalty of not less than twenty dollars nor more than one hundred dollars. 9 Ed. 7, c. 68, s. 4, part.

Penalty for

provisions of

35. Any person violating any of the provisions of section violating 28 shall be liable to a penalty of not less than ten and not section 28. more than fifty dollars. R.S.M. c. 160, s. 28, part.

breach of

36. Any engineer operating a boiler who refuses or fails Penalty for to comply with any of the provisions of section 19 shall be section 19. liable to a penalty of not less than twenty dollars nor more than three hundred dollars. R.S.M. c. 160, s. 18, part.

of penalties.

37. One-half of any penalty when recovered under this Application Act shall be paid over by the convicting justice to the prosecutor, if an inspector, and the balance thereof shall be transmitted to the Provincial Treasurer and form part of the Consolidated Revenue Fund. R.S.M. c. 160, s. 30.

ment.

38. In default of payment of any penalty imposed under Imprisonthis Act, the offender may be imprisoned for a period of not less than fourteen days and not more than six months. R.S.M. c. 160, s. 32.

I hereby certify, that I have this day inspected the steam boiler and steam connections owned by of of

in the Province of Manitoba, (giving description of boiler by name of maker, number and otherwise, as nearly as may be, whereby it can be identified), and having applied hydrostatic pressure hammer test and carefully examined said boiler and connections, have found the same in and therefore authorize a steam pressure of square inch and no more.

Dated this

No.

condition pounds to the

CHAPTER 186.

An Act respecting Estray Animals in Unorganized

Territory.

"Department."

"Minister."

"Cattle."

"Horse."

"Sheep."

"Animal."

"Estray."

"Justice."

"Owner."

"Finder."

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as

follows:

SHORT TITLE.

1. This Act may be cited as "The Stray Animals Act." 5-6 Ed. 7, c. 83, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,(a) the expression "Department" means the Department of Agriculture and Immigration;

(b) the expression "Minister" means the member of the Executive Council to whom is assigned from time to time the duty of administering the Department of Agriculture and Immigration;

(c) the expression "cattle" means any bull, cow, ox, heifer, steer or calf;

(d) the expression "horse" means any horse, mare, gelding, colt, filly, ass or mule;

(e) the expression "sheep" means any ram, ewe, wether or lamb;

(f) the expression "animal" means any head of cattle, horse, sheep or swine;

(g) the expression "estray" means any animal found on the premises or in the herd, band or flock of any person other than its owner;

(h) the expression "justice" means any justice of the peace;

(i) the expression "owner" means any person owning any animal or the agent or overseer of any such owner;

(j) the expression "finder" means any person who finds he has an estray on his premises or in his band, herd or flock;

large."

(k) the expression "run at large" or "running at large" "Running at means without being under control of the owner, either by being in direct or continuous charge of a herder or by confinement within any building or other enclosure or a fence, whether the same be lawful or not. 5-6 Ed. 7, c. 83, s. 2.

APPLICATION.

3. This Act shall only apply to any unorganized or disorganized territory in this Province. 5-6 Ed. 7, c. 83, s. 3.

PROCEDURE.

estray

notify

known.

4. Any person who finds he has on his premises, not Finder of situate in any municipality in this Province, or in his band, animal to herd or flock, any estray animal, the owner of which is owner if known to him, shall at once notify such owner through the mail, and such owner within ten days after being so notified shall remove his animal from such premises, band, herd or flock. 5-6 Ed. 7, c. 83, s. 4.

known,

send notice to

notice.

5. Any person who finds he has on his premises, not If owner not situate in any municipality in this Province, or in his band, finder must herd or flock, any estray animal, the owner of which is un- Department. known to him, or any such animal, the owner of which is known to him, which is not removed from the said premises, band, herd or flock within ten days after such owner has been notified, as provided in the section next preceding, shall at once forward to the Department a notice to the effect that Contents of such animal is on his premises or in his band, herd or flock (as the case may be), which notice shall contain the name, location and post office address of the finder and a full description of the animal, with all its marks (natural or artificial), color and probable age, with any other remark which may lead to its identification; and such notice shall Publication be published for two consecutive insertions in The Manitoba' Gazette, and a copy of each issue containing such notice shall Copies of be forwarded to every post office within twenty-five miles of notices to be the premises of the finder, and a separate copy of the same neighboring shall be forwarded with every copy of the said Gazette. post offices. 5-6 Ed. 7, c. 83, s. 5; 6-7 Ed. 7, c. 42, s. 1.

in Gazette.

Gazette and

sent to

expenses

6. The owner of any such estray animal shall be en-owner to pay titled to recover the same from any person in whose posses- incurred. sion it may be upon tender of the amount of the expenses incurred up to the time of such tender from the day on which notice was given of the finding of the animal.

limited.

(2) Such expenses shall consist of the sums prescribed Expenses by this Act and no other; and, if it is made to appear in

If finder demands

more than lawful

tendered, he forfeits all.

any proceedings taken for the recovery of any such estray animal that tender was made to the finder by or on behalf amount when of the owner of the animal of the amount of the expenses to which the said finder is lawfully entitled, and that such tender was refused, the finder shall thereby forfeit all claim to such expenses, in addition to any other penalty to which he may be liable.

Claimant must prove ownership.

Settlement of

proper amount by justice when parties cannot agree.

Justice's fee.

In default of payment, the

have animal sold.

(3) Before delivering the animal to the person claiming to be the owner thereof the finder may require from him a statutory declaration stating that he is the owner of the said animal. 5-6 Ed. 7, c. 83, s. 6.

7. If the owner of such animal and the finder are unable to agree as to the amount of such expenses, they shall forthwith proceed in the following manner: both parties, at any time within ten days, shall appear before the nearest accessible justice to the place where the animal was found, or such other justice as the parties may mutually agree to appear before; and, upon hearing the statements of the parties, upon oath or otherwise as to the justice shall seem advisable, such justice shall determine the amount of the expenses payable in the matter, and such determination of the justice shall be final and conclusive between the parties.

(2) Such justice shall be entitled to a fee of one dollar for determining such expenses, which shall be paid by the party against whose contention the justice determines.

(3) In default of the payment of the expenses so deterjustice shall mined, and the justice's fee as aforesaid, within a time to be stated by the justice, the justice shall sell or cause such animal to be sold by public auction, either by the nearest accessible pound keeper or by any person authorized by him in writing to sell such animal, and the justice, out of the proceeds of such sale, shall first pay the expenses of sale and advertising and justice's fees and then the costs of keeping (if any are allowed) to the finder, and the balance to the owner (if known), otherwise to the Minister.

Disposal of the proceeds of sale.

Return to
Department.

If estray animal not

claimed with

in three

months, find

er shall apply to

justice to sell.

(4) The justice shall immediately after the sale send to the Department a return in form B in the schedule hereto. 5-6 Ed. 7, c. 83, s. 7, part.

8. If such estray animal is not claimed within three months after the date of the first publication of the notice provided for in section 5, the finder, within sixty days thereafter, shall make application to a justice in form A in the schedule hereto, verified under oath or affirmation before the