That twenty days have elapsed without the said (stallion or bull) having been released by the payment to the applicant of the moneys he is entitled to be paid under the provisions of the said Ordinance;

That the applicant prays that the said (bull or stallion) may be sold.

(Signature of captor.)

I (name of captor) the applicant above named make oath and say that the facts set forth in the above application are true in substance and fact.

THE

CHAPTER 79.

An Ordinance respecting Pound Districts.

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 Pound District Short title Ordinance." C.O., c. 79, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires-

1. The expression "department" means the Department of Department Agriculture;

2. The expression "Minister" means the member of the Minister Executive Council to whom is assigned from time to time the duty of administering the Department of Agriculture;

3. The expression "animal" means any horse, mule, jack, Animal sheep, goat, neat cattle, swine or goose;

4. The expression "trespasser" means any animal which Trespasser breaks into any ground inclosed by a lawful fence;

5. The expression "estray" means any animal running at Estray large within the limits of any pound district in any period during which animals running at large are by declaration under this Ordinance to be counted estrays or any stallion of the age of one year or upwards or any bull of the age of nine months or upwards or any swine or goose of any age at any time running at large within the limits of any pound district;

6. The expression "pound keeper" means the person for the Pound keeper time being in the authorized charge of any pound;

7. The expression "lawful fence" means any fence declared Lawful fence to be lawful by any Ordinance;

8. The expression "justice" means any justice of the peace; Justice

9. The expression "proprietor" means any holder or occupier Proprietor of land under whatever tenure or any superintendent, overseer, servant or other person acting for and on behalf of such holder or occupier;

10. The expression "owner" means any person owning any Owner animal or any agent or overseer of any such owner;

11. The expression "captor" means any person seizing or Captor distraining any estray;

Distrainor

Running at large

Pound district

12. The expression "distrainor" means any person seizing or distraining any trespasser;

13. The expression "run at large" or "running at large" means without being under control of the owner, either by being securely tethered or in direct and continuous charge of a herder or by confinement within any building or other inclosure or a fence whether the same be lawful or not;

14. The expression "pound district" means any district in the Territories constituted under the provisions of this Ordinance. C.O. c. 79, s. 2.

ORGANIZATION OF POUND DISTRICTS.

What districts
may be
organized
and how

Notice to be given

Hour

Objections,

how to be made

3. The Lieutenant Governor in Council may by order made public by notice in the official gazette constitute any part of the Territories not within the limits of a municipality or a village into a pound district. C.O., c. 79, s. 3.

4. Before constituting any pound district a notice of intention to do so shall be published in the official gazette and posted in at least one post office within such proposed pound district or if there be no post office within such district then in the post office nearest thereto at least thirty days prior to making such recommendation.

(2) Such notice shall be addressed to the postmaster at such post office inclosed in a registered cover and all the requirements of this Ordinance respecting the posting of notices shall be held to be completed at the expiration of twenty-four hours after the first mail carrying such notice is scheduled to reach the post office to which the notice is directed.

(3) If at any time within thirty days after such notice is posted objection is made by a majority of the proprietors of land within such proposed district in form A in the schedule hereto (the facts stated in such objection and the signatures thereto being verified by statutory declaration) the proposed district shall not be constituted; but if no such objection is made within thirty days from the posting of the notice the proposed district may be constituted as hereinbefore provided. C.O., c. 79, s. 4.

5. The Lieutenant Governor in Council may by order made public by notice in the official gazette vary or alter the boundaries of or add to or take from any pound district existing hereunder or abolish or discontinue the same. C.O., c. 79, s. 5.

6. Until it has been otherwise declared or enacted by the council of any municipality or by the voters of any village the pound districts heretofore created under Ordinance No. 21 of 1897 which compromises any portion of such municipality or

village shall be continued hereunder and the pound keepers appointed therefor shall continue to act under and subject to the provisions of this Ordinance. C.O., c. 79, s. 6.

OPERATION OF ORDINANCE.

to run at large

7. No animal declared under the provisions of this Ordi-Estrays not nance to be an estray in any pound district shall be permitted to run at large therein and any such animal when not under control of its owner shall be liable to be impounded.

to be estrays

(2) Upon being satisfied as to the desire of a majority of When bulls are the proprietors of land in any pound district constituted under the provisions of this Ordinance the Minister may by notice published in the official gazette and in any other manner that may seem to him necessary declare that any bull otherwise prohibited from running at large shall be counted an estray or not an estray at any season of the year.

in towns and

(3) On the application of the council of any municipality or Pound districts the overseer of any village on behalf of the residents of such villages village within the limits of which municipality or village a pound district has been constituted, the Minister may declare any animal to be an estray or not an estray at any season of the year within the limits of such pound district. C.O., c. 79,

s. 7.

impounded

8. The proprietor of any land in any pound district may Estrays may be capture any estray found within such pound district and drive such estray to and deliver the same at the nearest accessible pound in the said pound district whether the owner of such estray be known to the captor or not and the said estray may be dealt with in every way as a trespasser may be dealt with under this Ordinance. C.O., c. 79, s. 8.

bulls in pound

9. No procedure under The Entire Animals Ordinance shall Stallions and be taken with respect to stallions or bulls running at large in districts any pound district but (if captured) all such stallions or bulls shall be forthwith driven to the nearest accessible pound in such pound district there to be dealt with as trespassers may be dealt with under this Ordinance. C.O., c. 79, s. 9.

may be

10. The proprietor of any land surrounded by a lawful fence, Trespassers in a pound district, upon which land any animal is found tres-impounded passing may seize and distrain the same and drive the same to the nearest accessible pound in such pound district and deliver such trespasser to the pound keeper to be impounded and shall at the same time deliver a written statement describing the animal impounded, the name of the owner (if known), the place where such animal was trespassing, the amount of damages claimed; and the said pound keeper shall impound such trespasser under the provisions of this Ordinance and be responsible for the feed and safe keeping thereof so long as he

Animal to be placed in authorized pound

Temporary impounding

When trespass

is committed

is legally bound to hold the same; and such pound keeper is empowered to collect the amount of the damages caused by and all charges for the keep and other incidental expenses connected with such trespasser before delivering up the same to the owner thereof. C.O., c. 79, s. 10; 1910 (2nd Session), c. 2, s. 7.

11. Any person acting as inspector, constable or overseer in any municipality or village or the appointee of any such person may take any action or proceedings authorized by this Ordinance on behalf of any proprietor as if by him directed so to do. C.O., c. 79, s. 11.

12. Any proprietor who shall impound any animal in any pound or place not authorized by this Ordinance shall be guilty of an offence and upon summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $20.

(2) Any such proprietor upon whose property any animal is found trespassing may (if he know its owner) temporarily impound the same in any convenient place for a period not exceeding three days and shall within twenty-four hours after such impounding deliver to such owner a written memorandum. in like manner as it is hereinbefore enacted shall be delivered to a pound keeper with any trespasser impounded in his pound; and shall fed and maintain such animal while so impounded; and may at the expiration of such time (if not sooner duly released) deliver it to the keeper of the nearest accessible pound; and such proprietor may make a charge for feeding and maintaining such animal and for sending notice not exceeding such as might by law be made by a pound keeper but shall not be entitled to any compensation for damage except for such as was done before the temporary impounding. C.O., c. 79, s. 12.

13. In every case where damage is done to the inclosed lands in certain cases of any person in any pound district as the result of any animal breaking through or over the fence or fences inclosing the same such animal may be considered and treated as a trespasser within the meaning of this Ordinance if that part of the fence broken through or over by such animal is a lawful fence although other parts of the inclosing fence may not be lawful; and any animal breaking through or over a division fence in any pound district which its owner or person having charge of such animal is bound to repair and keep up shall be considered and treated as a trespasser within the meaning of this Ordinance although the said fence may not be a lawful fence. C.O., c. 79, s. 13.

Lawful fences

in certain cases

14. In every case in which more proprietors than one hold lands inclosed by a common outward lawful fence such lands shall for the purposes of this Ordinance be deemed as against