Damages may be claimed by action in competent court

demand being made on him therefor gave to the plaintiff or his agent the name of the person who drove the animal to the pound and that he in all respects acted within his duties and powers as such pound keeper judgment shall then be given for him with costs. C.O., c. 79, s. 35.

36. Nothing herein conta ned shall prevent the owner of any lands trespassed upon or of any property destroyed from waiving the rights created by this Ordinance and bringing his action in any comptetent court in consequence of any trespass. C.O., c. 79, s. 36.

OFFENCES AND PENALTIES THEREFOR.

Penalties pound keepers are liable to forImpounding

Purchasing impounded

animals

Making

unauthorized charges

Not paying

over moneys

Neglecting to care for impounded animals

Milking cows

Not keeping books

Impounding healthy with diseased animals

Not giving

proper notice

Causing damage by neglect

37. If any pound keeper

1. Impounds or assists or incites or employs any person to impound any animal in any district unless such animal was an estray or was trespassing upon the pound keeper's own land in the district surrounded by a lawful fence;

2. Purchases in person or by his agent or has any interest of any kind in any animal sold by auction at a pound of which he is at the time of such sale the pound keeper;

3. Demands or receives any sum for pound notices, sustenance and other fees and charges not authorized by this Ordi

nance;

4. Fails to pay over any money held by him under the provisions of this Ordinance for any person after payment of the same has been demanded by or on behalf of such person;

5. Neglects to provide food and water for any animal or works or uses the same in any manner while so impounded:

Provided that no pound keeper shall be liable for any penalty for milking or allowing to be milked any cow while such cow is impounded;

6. Omits or neglects to keep books and to make entries therein as required by this Ordinance or makes any incorrect or untrue entry in such books;

7. Allows any animal infected with any contagious or infectious disease to be in the same inclosure with any impounded animal not so affected;

8. Fails to give any notice required by this Ordinance;

9. Neglects to do anything required by this Ordinance to be done whereby damage is incurred by any person;

he shall in addition to any civil liability which he may incur by reason thereof be guilty of an offence and liable on summary conviction to a penalty not exceeding $100. C.O., c. 79, s. 37.

proof that

cared for, on

38. When any pound keeper is charged with neglecting to Burden of provide sustenance for any animal impounded the burden of animals are proving that proper sustenance was provided for such animal pound keeper shall be on such pound keeper and when any pound keeper is charged with losing any impounded animal through negligence if it be proved that such animal was impounded in the custody of such pound keeper such animal shall be deemed to have been lost through his negligence unless such pound keeper shall prove to the contrary. C.O., c. 79, s. 38.

39. If any person commit any of the next following offences he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100:

Penalties

impounded

1. Rescues or attempts to rescue or interferes with any Rescuing animal impounded or seized for the purpose of being impounded; animal 2. Destroys or injures or attempts to destroy or injure any of pound pound;

3. Illegally impounds any animal;

Destruction

Illegal impounding

animals t

4. Leaves open any gate or lets down any bars or makes a Causing gap in any fence for the purpose of permitting any animal to trespass trespass or otherwise causes any animal to trespass. C.O., c. 79, s. 39.

FEES.

40. The following and no other shall be the fees authorized Authorized by this Ordinance in connection with animals impounded fees within any pound district:

driving animal

[1. The proprietor of any land trespassed upon or other Expenses for property injured by any animal, or the proprietor capturing to pound not any estray, shall not be allowed, paid or awarded any fee or allowed charge for delivering such animal to the pound keeper];

stallion or bull

2. To such proprietor for capturing and impounding any Capturing stallion of the age of one year and upwards or any bull of the age of nine months and upwards a fee of $5;

3. To such proprietor for any damage done by any animal Damages an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded;

or for

4. To such proprietor for notifying the owner or for every Giving notice day any animal is lawfully detained before being placed in temporary pound such fees for making such notification and for the sus-pounding tenance of such animal as a pound keeper may be authorized to charge for like services;

of impounded

5. To the pound keeper to provide for the care and susten-Sustenance ance of each animal for each day such animal is impounded as animals follows:

222

Notice to

owner

Notice to department

Notices posted in district

Advertising

Notices of sale

Mileage

Sale charges

For each stallion or bull twenty-five cents;

For each other horse, mule, jack, head of cattle or swine fifteen cents;

For each sheep, goat or goose five cents;

6. To the pound keeper for notifying owner of animal impounded ten cents;

7. To the pound keeper for forwarding notification to department for insertion in the official gazette ten cents;

8. To the pound keeper for posting notices of animals impounded each such notice to include all animals impounded at one distress or seizure $1 and the actual cost of newspaper advertising not to exceed $1 when incurred;

9. To the pound keeper for posting notices of sale each such notice to include all animals impounded at one distress or seizure $1;

10. To the pound keeper for each mile necessarily travelled in the performance of his duty ten cents;

11. To the pound keeper for selling impounded animals and applying the proceeds as directed by this Ordinance $2.50 per centum commission upon the amount realized on the sale. C.O., c. 79, s. 40; 1910 (2nd Session), c. 2, s. 7.

SCHEDULE.

FORM A.

To the Lieutenant Governor in Council:

We, the undersigned, being proprietors of land as defined by clause 9 of section 2 of The Pound District Ordinance in (here describe the district proposed to be constituted as a pound district) hereby record our objection to the provisions of the said Ordinance being enforced within the said district:

I, A.B., of (post office address) do solemnly declare:

1. That the total number of persons in the area described in the foregoing statement of objections being holders or occupiers of land under whatever tenure, or superintendents, overseers or other duly authorized persons acting for or on behalf of such holders or occupiers is (here insert the total number of proprietors in the proposed pound district as defined by clause 9 of section 2 of the Pound District Ordinance);

2. That I was personally present and did see each of the (number of persons signing the statement) persons whose names are subscribed thereto sign the said statement;

3. That each of the (number of persons signing the statement) persons signing the statement is qualified to do so by virtue of being the holder or occupier of land under whatever tenure, or as superintendent, overseer or other duly authorized person acting for or on behalf of such holder or occupier of land within the proposed pound district;

4. That each person signing the said statement before so doing was cognizant of the contents thereof;

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act 1893.

To (name of owner or Department of Agriculture as ths case may be.)

Notice is hereby given under section 26 of The Pound District Ordinance that (description of animal impounded) was impounded in the pound kept by the undersigned on the (description of quarter section or other place where pound is located) ..day the.. .day of..... 1. . . .

on...

(Signature of pound keeper.)

CHAPTER 80.

An Ordinance respecting Estray Animals.

THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows:

Short title

Department

Minister

Cattle

Horses

Sheep

Animal

Estray

Justice

Owner

Finder

Running at large

SHORT TITLE.

1. This Ordinance may be cited as "The Stray Animals Ordinance." C.O., c. 80, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires— 1. The expression "department" means the Department of Agriculture;

2. 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;

3. The expression "cattle" means any bull, cow, ox, heifer, steer or calf;

4. The expression "horse" means any horse, mare, gelding, colt, filly, ass or mule;

5. The expression "sheep" means any ram, ewe, wether or lamb:

6. The expression "animal" means any head of cattle, horse, sheep, goat, swine or goose;

7. The expression "estray" means any animal found on the premises or in the herd, band or flock of any person other than its owner;

8. The expression "justice" means any justice of the peace; 9. The expression "owner" means any person owning any animal or agent or overseer of any such owner;

10. The expression "finder" means any person who finds he has an estray on his premises or in his band, herd or flock;

11. The expression "run at large" or "running at large" 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 inclosure or a fence whether the same be lawful or not;

[12. The expression "brand reader" means any person appointed by the Minister to give an accurate description of any estray.] C.O., c. 80, s. 2; 1909, c. 5, s. 18.