owner or occupier should make compensation to the other for making or keeping in repair any fence or in case parties interested disagree as to the amount of damages done by animals breaking into or entering upon any land inclosed by a lawful Arbitration fence they shall each appoint an arbitrator to determine and settle the matter in difference and such arbitrators shall first giving the parties in difference reasonable notice of the time and place where they intend to meet for the purpose of hearing and determining the matter in difference attend at such time and place and hear such parties and their witnesses and make their award in respect to the matters so in difference; and in case such arbitrators are unable to agree they shall appoint an umpire who shall make an award in respect to the said matters;/ and in case either of the parties in difference refuses or omits to appoint an arbitrator within forty-eight hours after a demand is made in writing upon him to do so by the other party in difference such other party in difference may apply to a justice. of the peace who being satisfied by the oath of a credible witness that such demand has been made and not complied with may appoint an arbitrator in the stead of the person so refusing or omitting to appoint and the arbitrator so appointed shall proceed and act and all steps shall be had and taken as in this section provided as if such arbitrator had been appointed by the peron so refusing or omitting to appoint. No. 38 of 1897. (2) The direction herein contained for the appointment of arbitrators shall be deemed a submission under The Arbitration Ordinance and the provisions of the last mentioned Ordinance shall apply thereto. (3) The decision of the arbitrators as to the proper location of a proposed or existing line or boundary fence shall not affect the title to the land on either side thereof and shall be binding only during the actual existence as a lawful fence of the fence in question. 1903 (2nd Session), c. 28, s. 8. to herd and 9. Nothing in the preceding section shall be held to affect Exceptions as in any way the right of any person to seize or impound cattle pound district in any herd or pound district under the provisions of any Ordinance authorizing the seizing or impounding of cattle in any such district or to affect the demand or recovering of damages in the mode prescribed by that Ordinance. 1903 (2nd Session), c. 28, s. 9. 10. It shall be the duty of any person erecting any wire Fences across fence across any trail that has been in common use by the closed trails public for a period of three months immediately previous to such erection to place a top rail on such fence where it crosses the trail and for a distance of two rods on each side from the centre of the trail. 1903 (2nd Session), c. 28, s. 10. CHAPTER 78. An Ordinance respecting Stallions and Bulls. THE SHORT TITLE. Short title Department Minister Justice Owner Captor Running at large When stallions shall not run at large When bulls shall not run at large Bulls may run at large in certain cases 1. This Ordinance may be cited as "The Entire Animals Ordinance." C.O., c. 78, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires1. The expression "department" means the Department of Agriculture; 2. The expression "minister" means the member of the Executive Council of the Territories to whom may be assigned from time to time the duty of administering the Department of Agriculture; 3. The expression "justice" means any justice of the peace; 4. The expression "owner" means any person owning any stallion or bull dealt with under this Ordinance; 5. The expression "captor" means any person seizing or confining any stailion or bull under this Ordinance; 6. The expression "run at large" or "running at large" means without being under control of the owner either by being in direct and continuous charge of a herder or by confinement within any building or other inclosure or fence whether the same be lawful or not. C.O., c. 78, s. 2. 3. No stallion of one year old or upwards shall be permitted to run at large in any part of the Territories at any time. C.O, c. 78, s. 3. 4. Except as hereinafter provided no bull nine months old or upwards shall be permitted to run at large in any part of the Territories at any time. (2) The minister may by notice published in two consecutive issues of the official gazette declare that bulls may be permitted to run at large in any district described in such notice between the first day of July [and the thirty-first day of December in any year] both days inclusive. C.O., c. 78, s. 4; 1900, c. 28, s. 1. running at captured 5. Except within the limits of any pound district or herd Stallions or district constituted under the provisions of any Ordinance of unlawfully the Territories any person who finds a stallion or bull running large may be at large contrary to the provisions of this Ordinance may capture and confine such bull or stallion and promptly thereafter shall notify the owner thereof if known to such captor; and if such owner do not within three days after receiving such notice take away such stallion or bull and pay the captor thereof $5 for his trouble and 25 cents per diem for the keep of the said stallion or bull for every day it has been in his custody such owner shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $20 together with the cost of prosecution and the fees for capturing and the keep of such stallion or bull as aforesaid which said fees shall be paid over on collection to the captor. C.O., c. 78, s. 5. is unknown 6. When the owner of any stallion or bull captured and When owner confined under the provisions of the last preceding section is unknown to the captor, the said captor shall within forty-eight hours after such capture post up a notice of detention in form A in the schedule hereto in three public places in the neighbourhood of the place of capture and at the same time forward a copy of the notice to the department for publication in two consecutive issues of the official gazette, and the owner of such stallion or bull shall be entitled to receive delivery thereof upon paying the captor $5 for his trouble and 25 cents per diem for the keep of such animal together with the amount of the expenses actually incurred for advertising. capture (2) In addition to advertising the capture of a stallion or Advertising bull in the official gazette as herein provided the captor may also cause a copy of the notice of detention to be inserted in three successive weekly issues of the newspaper published nearest to the neighbourhood in which the capture was made, and any expenditure not exceeding the sum of $1 made for such advertising shall be reimbursed to the captor by the owner if the said stallion or bull is released by such owner or, if not so released, by the justice after the sale of such stallion or bull upon proof of such expenditure having been made. C.O., c. 78, s. 6. may be sold 7. If at the end of twenty days from the first publication When animal of the notice in the said gazette no owner be found for such stallion or bull or the payments herein provided have not been made to the captor, then upon application to a justice in form B in the schedule hereto verified under oath before the said justice, the said justice may after eight days' notice posted up in three conspicuous places in the neighbourbood of the place of capture (one of which shall be the post office nearest thereto) stating the time and place of sale, sell or cause the said stallion or bull to be sold by public auction, and out of the proceeds proceeds Disposition of of such sale shall first pay the expenses of sale and advertising and justice's fees and then the sum of $5 and costs of keeping to the captor and the balance to the minister. Proceeds remitted to treasurer may be paid to owner Who may sell animal Salesman's fees Stallions or bulls at large in pound of herd districts Penalty for owner allowing (2) The justice of the peace shall immediately after the sale send to the department a description of the animal or animals sold, the date of sale, the amount realized and the disposition thereof. C.O., c. 78, s. 7. 8. Any money paid to the minister under the provisions of the section next preceding shall be paid over to the owner of the animal sold on evidence of ownership (satisfactory to the minister or other officer appointed to examine into the same) being furnished and application therefor being made to the Lieutenant Governor within twelve months from the date of the sale; otherwise such money shall form part of the general revenue fund. C.O., c. 78, s. 8. 9. The justice to whom application is made for authority to sell any stallion or bull which may be sold under the provisions of this Ordinance may either sell the animal himself or order it to be sold by the nearest accessible pound keeper to the place where the animal was found or in the absence of any such pound keeper living within reasonable distance thereto may authorize any person in writing to sell such animal; and no liability shall be incurred by any person making such sale by reason of his not being in possession of a license to act as auctioneer under the provisions of any Ordinance of the Territories. C.O., c. 78, s. 9. 10. The justice or person authorized thereto selling any stallion or bull under the provisions of this Ordinance shall be entitled to retain to his own use and benefit $2.50 per centum commission upon the proceeds of such sale. C.O., c. 78, s. 10. 11. In any pound district or herd district established under the provisions of any Ordinance of the Territories no stallion or bull shall be detained or sold in the manner provided in this Ordinance but (if captured) shall be taken by the captor to the nearest accessible pound there to be dealt with as it is provided estrays may be dealt with. C.O., c. 78, s. 11. 12. The owner of any stallion or bull who after receiving stallion or bull a notice signed by a justice of the peace that such stallion or to run at large bull is running at large contrary to the provisions of this Ordinance and requiring such owner to capture and confine the same neglects or refuses within forty-eight hours to comply with such notice shall be guilty of an offence and liable on summary conviction thereof before a justice of the peace to a penalty of $5 for every day after the expiration of the time mentioned in said notice the stallion or bull is at large. C.O., c. 78, s. 12. to justice 15. Without in any way prejudicing the right which a justice Fees allowed may have to fees established by law in respect of any proceedings in summary convictions under this Ordinance or under section 9 of this Ordinance a justice shall be entitled to the following fees for services performed by him under section 7 hereof: Preparing the application therein mentioned and adminis- Preparing and posting the notices therein mentioned, $1. SCHEDULE. FORM A. The undersigned gives notice that he has captured a (stallion or bull as the case may be with a full description of same) while running at large contrary to the provisions of The Entire Animals Ordinance. The said (stallion or bull) is detained on the (description of quarter-section or other place where the animal is confined) and if not claimed in due course will be dealt with according to law. To A.B., Esquire, a justice of the peace in and for the NorthWest Territories. The applicant avers that on the. .day of 1........... (naming the date of capture) he found a (bull or stallion as the case may be) running at large contrary to the provisions of The Entire Animals Ordinance and captured and confined the same; That he posted up a notice in three public places in the neighbourhood of the capture and advertised such notice in three succesive weekly issues of (naming the newspaper if any) and forwarded a copy of the notice to the Department of Agriculture at Regina for publication in the North-West Territories Gazette; That the notice was published in the issue of the said gazette dated (date of first issue of gazette containing notice); K |