Proceedings

how regu lated.

Rev. Stat. c.

74.

On conviction

to be ordered

and owner

fined.

fore him, at a certain time and place therein stated, to answer to such complaint, and to be further dealt with according to law. R. S. O. 1877, c. 194, s. 12.

12. The proceedings on the complaint and summons shall be regulated by The Act respecting Summary Convictions before Justices of the Peace and Appeals to General Sessions, which shall apply to cases under this Act. R. S. O. 1877, c. 194, s. 13.

13. In case any person is convicted, on the oath of a credible of the fact, dog witness, of owning or having in his possession a dog which has to be destroyed worried and injured or destroyed any sheep, the Justice of the Peace may make an order for the killing of such dog (describing the same according to the tenor of the description given in the complaint and in the evidence) within three days, and in default thereof may in his discretion impose a fine upon such person, not exceeding $20 with costs; and all penalties imposed under this section shall be applied to the use of the municipality in which the defendant resides. R. S. O. 1877, c. 194, s. 14.

Conviction no bar to action for damages.

owner or

14. No conviction under this Act shall be a bar to any action by the owner or possessor, as aforesaid, of any sheep for the recovery of damages for the injury done to such sheep, in respect of which such conviction is had. R. S. O. 1877, c. 194,

s. 15.

Extent of 15.-(1) The owner of any sheep or lamb killed or injured liability of by any dog shall be entitled to recover the damage occasioned keeper of dog. thereby from the owner or keeper of such dog, by an action for damages or by summary proceedings before a Justice of the Peace, on information or complaint before such Justice, who is hereby authorized to hear and determine such complaint, and proceed thereon in the manner provided by The Act respecting Summary Convictions before Justices of the Peace and Appeals to General Sessions, in respect to proceedings therein mentioned; and such aggrieved party shall be entitled so to recover on such action or proceedings, whether the owner or keeper of such dog knew or did not know that it was vicious or accustomed to worry sheep. R. S. O. 1877, c. 194, s. 16.

Rev. Stat. c. 74.

Apportionment of damage.

(2) If it shall appear before the Court or Judge at the trial of any such action for damages, or before such Justice at the hearing of the said information or complaint before him, that the damage or some part of the damage sustained by such aggrieved party was the joint act of some other dog or dogs, and of the dog or dogs owned or kept by the person charged in such information or complaint, the Court, Judge or Justice shall have power to decide and apportion the damages sustained by the complainant, among and against the respective owners or keepers of the said dogs, as far as such owners or keepers are known, in such shares and proportions as such Court, Judge or

Justice shall think fit, and to award the same by the judgment of the said Court or Judge, or in the conviction of such Justice, on behalf of such aggrieved person.

(3) When in the opinion of the Court, Judge or Justice, the damages were occasioned by dogs the owner or owners of which are known, and dogs the owner or owners of which are unknown, or the owner or owners of which have not been summoned to appear before the Court, Judge or Justice, the Court, Judge or Justice may decide and adjudge as to the proportion of the damages which, having regard to the evidence adduced as to the strength, ferocity and character of the various dogs shewn to have been engaged in committing such damage, was probably done by the dogs the owner or owners of which have been summoned to appear before the Court, Judge or Justice, and shall determine in respect thereof and apportion the damage which the Court, Judge or Justice decides to have been probably done by the dogs whose owners have been summoned, amongst the various owners who have been summoned as aforesaid.

(4) The same proceedings shall be thereupon had against any person found by the Judge or Justice to be the owner or keeper of the dog or dogs which by such Court, Judge or Justice shall have been found to have contributed to the damage sustained by the person aggrieved, as if the information or complaint had been laid in the first instance against such person.

(5) The Court, Judge or Justice shall not decide and apportion the damage against any person other than the person in the information or complaint first charged, nor award the same in the judgment or conviction without such other person having been summoned to appear before the Court, Judge or Justice, and having had an opportunity of calling witnesses.

(6) Appeals against any conviction, apportionment or order made under this section, shall be made to the Division Court holden in the division in which the cause of action arose, or in which the party complained against, or one of them, resided at the time of making the complaint; and the proceedings shall be the same as nearly as may be, as on appeals under The Act respecting Master and Servant. 48 V. Rev. Stat. c. 46, s. 1.

c. 139.

to be killed

16. The owner or keeper of any dog or dogs, to whom notice Dogs known is given of any injury done by his dog or dogs to any sheep or to worry sheep lamb, or of his dog or dogs having chased or worried any sheep by owner. or lamb, shall, within forty-eight hours after such notice, cause such dog or dogs to be killed; and for every neglect so to do Penalty. he shall forfeit a sum of $2.50 for each such dog, and a further sum of $1.25 for each such dog for every forty-eight hours thereafter, until the same is killed, if it is proved to the satis- Proviso. faction of the Justice of the Peace before whom proceedings are taken for the recovery of such penalties, that such dog or dogs has or have worried or otherwise injured such sheep or

Proviso.

Provision for cases where

there is a conviction, but

ficient.

lamb: but no such penalties shall be enforced in case it appears to the satisfaction of the Justice of the Peace that it was not in the power of the owner or keeper to kill such dog or dogs. R. S. O. 1877, c. 194, s. 17.

17. In case the owner of any sheep or lamb so killed or injured proceeds against the owner or keeper of the dog that committed the injury, before a Justice of the Peace, as prodistress insuf vided by this Act, and is unable on the conviction of the offender, to levy the amount ordered to be paid, for want of sufficient distress to levy the same, then the council of the municipality in which the offender resided at the time of the injury shall order their treasurer to pay to the aggrieved party the amount ordered to be paid by the Justice under the conviction, saving and excepting the costs of the proceedings before the Justice and before the council. R. S. O. 1877, c. 194, s. 18.

Provision for cases in which owner of dog

not known.

After compen

municipality, claims to be long to them.

18. The owner of any sheep or lamb killed or injured by any dog, the owner or keeper of which is not known, may within three months apply to the council of the municipality in which such sheep or lamb was so killed or injured, for compensation for the injury; and if the council (any member of which shall be competent to administer an oath or oaths in examining parties in the premises) is satisfied that the aggrieved party has made diligent search and inquiry to ascertain the owner or keeper of such dog, and that such owner or keeper cannot be found, they shall award to the aggrieved party for compensation a sum not exceeding two-thirds of the amount of the damage sustained by him; and the treasurer of the municipality shall pay over to him the amount so awarded. R. S. O. 1877, c. 194, s. 19.

19. After the owner of such sheep or lamb has received sation paid by from the municipality any money under either of the preceding sections, his claim shall thenceforth belong to the municipality; and they may enforce the same against the offending party for their own benefit, by any means or form of proceeding that the aggrieved party was entitled to take for that purpose, but in case the municipality recovers from the offender more than they had paid to the aggrieved party, besides their costs, they shall pay over the excess to the aggrieved party for his own use. R. S. O. 1877, c. 194, s. 20.

Proviso.

Cases where

owner of

sheep, etc..

has no compensation.

Liability of

dog owner to

20. The owner of any sheep or lamb killed or injured while running at large upon any highway or unenclosed land, shall have no claim under this Act to obtain compensation from any municipality. R. S. O. 1877, c. 194, s. 21.

21. If the council of any county or union of counties sheep owner by by-law, decides to dispense with the levy of the aforesaid where tax not tax in the municipalities within its jurisdiction, the owner imposed. of any sheep or lamb may, notwithstanding, sue the

owner or keeper of any dog or dogs for the damage or injury done by the said dog or dogs to the said sheep or lamb; and the same shall be recovered in the manner provided by section 15 of this Act. R. S. O. 1877, c. 194, s. 22.

turns by

22. Every Justice of the Peace shall be entitled to charge Fees and resuch fees in cases of prosecutions or orders under this Act as it Justices. is lawful for him to charge in other cases within his jurisdiction, and he shall make the returns usual in cases of conviction, and also a return in each case to the clerk of the municipality, whose duty it shall be to enter the same in a book to be kept for that purpose. R. S. O. 1877, c. 194, s. 23.

Recovery of expenses, ss. 15-18.

ANIMALS WHICH MAY BE IMPOUNDED, SALE OF ANIMAL NOT REDEEMED OR

HER

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Until varied or other provisions are made by by-laws Act may be passed under the authority of section 490 of The Municipal superseded by by-laws under Act, this Act shall be in force in every township, city, town, Rev. Stat. c. and incorporated village in Ontario. R. S. O. 1877, c. 195, s. 1. 184, s. 490.

2. The owner or occupant of any land shall be responsible Liability for for any damage or damages caused by any animal or animals damage done. under his charge and keeping, as though such animal or animals

What animals to be im

pounded.

Poultry.

When the cominon

pound is not safe.

Statement of

demand to be made to

were his own property, and the owner of any animal not permitted to run at large by the by-laws of the municipality, shall be liable for any damage done by such animal, although the fence enclosing the premises was not of the height required by such by-laws. R. S. O. 1877, c. 195, s. 2.

3. If not previously replevied, the pound-keeper shall im-. pound any horse, bull, ox, cow, sheep, goat, pig, or other cattle, geese or other poultry, distrained for unlawfully running at large, or for trespassing and doing damage, delivered to him for that purpose by any person resident within his division who has distrained the same; or if the owner of geese or other poultry refuses or neglects to prevent the same from trespassing on his neighbours' premises after a notice in writing has been served upon him of their trespass, then the owner of such poultry may be brought before any Justice of the Peace and fined such sum as the Justice directs. R S. O. 1877, c. 195, s. 3.

4. When the common pound of the municipality or place wherein a distress has been made is not secure, the poundkeeper may confine the animal in any enclosed place within the limits of the pound-keeper's division within which the distress was made. R. S. O. 1877, c. 195, s. 4.

5. The owner of any animal impounded shall at any time be entitled to his animal, on demand made therefor, without pound-keeper payment of any poundage fees, on giving satisfactory security by impounder. to the pound-keeper for all costs, damages, and poundage fees that may be established against him, but the person distraining and impounding the animal shall, at the time of the impounding, deposit poundage fees, if such are demanded, and within twenty-four hours thereafter deliver to the pound-keeper duplicate statements in writing of his demands against the owner for damages (if any), not exceeding $20, done by such animal, exclusive of such poundage fees, and shall also give his written agreement (with a surety if required by the pound-keeper) in the form following, or in words to the same effect:

Form of agreement with pound-keeper.]

When animal may be retained by distrainor.

"I (or we, as the case may be) do hereby agree that I (or we) will pay to the owner of the (describing the animal) by me (A. B.) this day impounded, all costs to which the said owner may be put in case the distress by me the said A. B. proves to be illegal, or in case the claim for damages now put in by me the said A. B. fails to be established.'

R. S. O. 1877, c. 195, s. 5.

6. In case the animal distrained is a horse, bull, ox, cow, sheep, goat, pig or other cattle, and if the same is distrained by a resident of the municipality for straying within his premises, such person, instead of delivering the animal to a poundkeeper, may retain the animal in his own possession, provided he makes no claim for damages done by the animal, and duly gives the notices hereinafter in that case required of him. R. S. O. 1877, c. 195, s. 6.