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CHAPTER 82.

An Ordinance for the Protection of Sheep and other
Animals from Dogs.

THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts

as follows:

1. Any person may kill any dog in the act of pursuing, worry- When dog may ing or destroying cattle, horses, sheep, pigs or poultry else- be killed where than on the inclosed land occupied by the owner of such dog. C.O., c. 82, s. 1.

2. On complaint made on oath before a justice of the peace Proceedings that any person owns or has in his possession a dog which has of vicious dog within three months previous, worried, injured or destroyed any cattle, horses, sheep, pigs or poultry outside of the inclosed land occupied by the owner of such dog, such justice of the peace may issue his summons directed to such person stating shortly the matter of such complaint and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint; and upon conviction on the evidence of one credible witness other than the complainant, of having such dog in his possession, the justice of the peace may make an order for the killing of such dog within three days and in default thereof may in his discretion impose a fine upon such person not exceeding $20 with costs. C.O., c. 82, s. 2.

3. No order or conviction under this Ordinance shall bar Action for damages not any action by the owner or possessor as aforesaid for the recovery barred of damages in respect of the subject matter for which such conviction is had. C.O., c. 82, s. 3.

Proof of

owner

unnecessary

4. It shall not be necessary for the plaintiff in any action for injuries done by a dog as aforesaid to prove that the defend- knowledge of ant was aware of the propensity of the same to pursue and injure animals nor shall the liability of the owner or possessor as aforesaid of any dog for any injury done by such dog depend upon his previous knowledge of the propensity of the same to injure animals. C.O., c. 82, s. 4.

Notices to
be given when
stock killed
cr injured

Notice to be posted

Penalty

CHAPTER 83.

An Ordinance respecting Stock Injured by Railway
Trains.

THE
HE Lieutenant Governor by and with the advice and con-
sent of the Legislative Assembly of the Territories enacts
as follows:

1. In the event of any stock being killed or injured by any railway train the conductor or other person in charge of the said train shall forthwith notify the nearest station agent of the railroad company upon whose line of railway the accident has occurred and the said agent shall forthwith in case the owner is known or afterwards becomes known to the agent send a notice to the owner stating the date and place of the accident. C.O., c. 83, s. 1.

2. The agent shall in all cases forthwith post in a public place and manner in the station house a notice giving a full description of the animal or animals with a statement of the time and place where the animal or animals were killed or injured and such notice shall not be removed for three months unless in the meanwhile the owner becomes known to the agent. C.O., c. 83, s. 2.

3. Any person infringing any of the provisions of this Ordinance shall be liable on summary conviction thereof to a penalty of not more than $50. C.O., c. 83, s. 3.

CHAPTER 84.

An Ordinance respecting Noxious Weeds.

THE 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." 1903, 1st session, c. 24, 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, common wild mustard, ball mustard, tansy mustard, wormseed mustard, false flax, shepherd's purse, stink weed, red root, Canada thistle, Russian thistle, ragweed, wild oats, [Russian pigweed, and blue burs];

"Department" means the Department

2. The expression "Department

of Agriculture;

3. The expression "Commissioner "

of Agriculture;

means the Commissioner

Inspector" means an inspector appoint

4. The expression "Inspector

ed 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. 1903, 1st session, c. 24, s. 2; 1904, c. 11, s. 1.

INSPECTORS AND OTHER OFFICERS.

of inspectors

3. The commissioner may from time to time appoint such Appointment inspectors and other officers as may be required to carry out and officers the provisions of this Ordinance, fix their remuneration and define their duties. 1903, 1st session, c. 24, s. 3.

DUTY OF OWNER OR OCCUPANT OF LAND.

4. Every owner or occupant of land shall destroy all noxious Noxious weeds weeds thereon, and if he makes default in so doing he shall be to be destroyed guilty of an offence, and on prosecution therefor by an overseer

of the local improvement district or by an inspector or other

Weeds on cropped lands

Notice to destroy weeds

Notice to destroy weeds

Railway lands

Lands of
Irrigation
Company

Penalty for neglecting to

officer under this Ordinance, shall on summary conviction thereof be liable to a penalty not exceeding $100 and costs.

(2) For the purpose of this Ordinance the owner or occupant of any land adjoining a public road shall be deemed to be the owner or occupant of that portion of such road which lies between the centre line thereof and the adjoining land of which he is the owner or occupant. 1903, 1st session, c. 24, s. 4.

DESTRUCTION OF WEEDS.

5. Any inspector finding noxious weeds growing in any grain crop may notify the owner

(a) To cut and burn or plough under such crop or any part thereof within a stated time, or

(b) To fence or burn the straw and screenings from such crop within ten days after it is threshed. 1903, 1st session, c. 24, s. 5.

6. Any inspector finding noxious weeds growing on occupied lands shall notify the occupant thereof to destroy such weeds within five days from the date of such notification. 1903, 1st session, c. 24, s. 6.

7. Any inspector finding noxious weeds growing on unoccupied lands shall notify the owner by registered letter addressed to his last known address, if any, to destroy such weeds within five days from the date of such notice. 1903, 1st session, c. 24, s. 7.

8. Any inspector finding noxious weeds growing on railway right of way or any unoccupied lands owned by or forming part of the land grant of any railway company shall notify any section foreman or station agent of the railway company by registered letter to destroy such weeds within five days from the date of such notice. 1903, 1st session, c. 24, s. 8.

9. Any inspector finding noxious weeds growing in or upon any ditch or right of way of any irrigation company shall notify the manager, superintendent or ditch rider of such company by registered letter to destroy such weeds within five days from the date of such notice. 1903, 1st session, c. 24, s. 9.

10. Any person to whom notice has been duly given under destroy weeds any of the preceding sections who neglects to carry out the directions contained therein shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100 and costs. 1903, 1st session, c. 24, s. 10.

Procedure

where notice

11. In case noxious weeds are not cut down or otherwise disregarded or destroyed on any land pursuant to any notice given by an inspector under this Ordinance or in case the name or address

cannot be

given

of the owner of such land is unknown, the said inspector or any person or persons directed by him, may forthwith enter upon the land with the necessary teams and implements and destroy such weeds in such manner as the inspector may see fit. 1903, 1st session, c. 24, s. 11.

costs

12. The amounts expended in the work performed under Recovery of the next preceding section may be recovered from the owner destruction or the occupant of the land by action in the name of the Attorney General or the inspector or by distress by the inspector or his agent of any chattels on the land. 1903, 1st session, c. 24, s. 12.

unpaid to be

improvement

13. Any such amount which has not been satisfied on or Amounts before the 1st day of January next following its expenditure added to local shall be added to and form part of the local improvement assessment assessment of such lands in all respects as if it were an original tax and it shall have the same effect on the land and may be recovered in any of the modes available for the recovery of such taxes and the amount so recovered shall be transmitted to the Territorial Treasurer and form part of the general revenue fund of the Territories. 1903, 1st session, c. 24, s. 13.

enter amount

14. Upon the [secretary] of a local improvement district Overseer to receiving notice from the commissioner of any amount to be against land charged under the next preceding section against any parcel of land in his district he shall enter the said amount against the said land and until it is paid enter it in all returns to be made by him in the same manner as unpaid local improvement assessments. 1903, 1st session, c. 24, s. 14; 1904, c. 11, s. 2.

commissioner

facie evidence

15. A certificate purporting to be signed by the commis- Certificate of sioner to the effect that an amount named therein has been to be prima expended during any year for the destruction of noxious weeds upon any area of land described shall be prima facie evidence that the amount named has been so expended. 1903, 1st session, c. 24, s. 15.

SALE OR DISPOSAL OF GRAIN, ETC., CONTAINING WEED SEED.

seed

16. No person shall sell or dispose of, or offer for sale or Sale, etc., of disposal any grain, grass, clover or other seeds intended for the containing purpose of seed in which there is seed of any noxious weed. weed seed 1903, 1st session, c. 24, s. 16.

etc., of

weed seed

17. No person shall purchase or sell, barter or otherwise Sale, purchase dispose of or remove from any premises any bran,shorts, chopped cleanings. or crushed grain or cleanings containing seeds of noxious weeds containing without first destroying the germinating qualities of such seeds: Provided that matter containing seeds of noxious weeds may be removed from any grain elevator or warehouse for the purpose of sheep feeding or for such other purposes as will insure

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