CHAPTER 85.

An Ordinance for the Protection of Game.

(1903, 2nd Session, c. 29.)

Chapter 14, 1907, substituted; amended, 1908, c. 20, s. 30; 1909, c. 4, s. 13 and c. 5, s. 13; and 1910 (2nd Session), c. 13.

TITLE XI.

RELATING TO PROTECTION OF PERSON AND PROPERTY.

CHAPTER 86.

An Ordinance to Prevent the Pollution of Running Streams.

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

filth in streams

1. Any person who deposits or causes or allows to be deposited Depositing along the bank of any running stream in the Territories or who shall cast or throw into its waters any stable manure or any night soil, carcases, or any other filthy or impure matter or substance of any kind shall be guilty of an offence and on summary conviction for each and every such offence incur a Penalty penalty of not less than $5 together with the costs of prosecution; and on nonpayment of such penalty and costs forthwith atter conviction be imprisoned in the nearest common gaol for a term not exceeding one month unless such penalty and costs are sooner paid. C.O., c. 86, s. 1.

streams

2. The banks of all running streams within the Territories Banks of shall for the purposes of this Ordinance include all lands within fifty feet of ordinary high water mark on either side of such streams. C.O., c. 86, s. 2.

3. This Ordinance shall not refer to the discharge of sewer Sewage waters from any pipe or drain leading from any dwelling house, hotel or public institution. C.O., c. 86, s. 3.

Short title

Causing prairie fires

Penalty

CHAPTER 87.

An Ordinance for the Prevention of Prairie and Forest Fires.

THE

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 Prairie Fires Ordinance." C.O., c. 87, s. 1.

PROVISIONS AGAINST KINDLING FIRES.

2. Any person who shall either directly or indirectly, personally or through any servant, employee or agent

(a) Kindle a fire and let it run at large on any land not his own property;

(b) Permit any fire to pass from his own land; or

(c) Allow any fire under his charge, custody or control or under the charge, custody or control of any servant, employee or agent to run at large;

shall be guilty of an offence and shall on summary conviction thereof be liable to a penalty of not less than $25 and not more than $200 and in addition to such penalty shall be liable to civil action for damages at the suit of any person whose property has been injured or destroyed by any such fire.

[(2) If a fire shall be caused by the escape of sparks or any other matter from any engine or other thing it shall be deemed to have been kindled by the person in charge or who should be in charge of such engine or other thing but such person or his employer shall not be liable to the penalties imposed by this section if in the case of stationary engines the precautions required by section 12 have been complied with and there has been no negligence in any other respect or in the case of railway or other locomotive engines such engine is equipped with a suitable smoke stack netting and ash pan netting in good repair and kept closed and in proper place and in the case of railway engines where the line of railway passes through prairie country there is maintained for a distance of at least. three miles continuously in each direction from the point at which the fire starts on each side of such line of railway and not less than two hundred nor more than four hundred feet therefrom a good and sufficient fireguard of ploughed land not less than sixteen feet in width kept free from weeds and other inflammable matter and the space between such fireguard

and such line of railway is kept burned or otherwise freed from the danger of spreading fire and there has been no negligence in any other respect.

(3) For the purpose of ploughing any fireguard as in the next preceding subsection provided and of freeing from inflammable matter the land between such fireguard and the line of railway any railway company is hereby authorized to enter upon any uncultivated or unoccupied land without incurring any liability therefor provided that no unnecessary damage shall be done. C.O., c. 87, s. 2; 1903 (1st Session), c. 25, s. 1; 1903 (2nd Session), c. 30, s. 1.

CAMP OR BRANDING FIRES.

branding fires

ment

3. Any person who kindles or is a party to kindling a fire Camp or in the open air for camping or branding purposes and who extinguishleaves the same without having extinguished it shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $100. C.O., c. 87, s. 3.

CLEARING LAND.

4. No person shall directly or indirectly, personally or by Fireguards in any servant, agent or employee kindle on any land a fire for certain cases the purpose of guarding property, burning stubble or brush or clearing land unless the land on which the fire is started is at the time it is started completely surrounded by a fireguard not less than twenty feet in width consisting of land covered with snow or water or so worn, graded, ploughed, burned over or covered with water as to be free of inflammable matter and any person kindling a fire for such purpose shall during the whole period of its continuance cause it to be guarded by three adult persons provided with proper appliances for extinguishing prairie fire.

(2) Any person contravening this section shall be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeeding $100. C.O., c. 87, s. 4.

FIRES BY RAILWAY EMPLOYEES.

companies

5. Nothing in this Ordinance shall prevent any railway Railway company or its employees from burning over the land held employees by it under its right-of-way and the land adjoining the same to an extent not exceeding three hundred feet in width on each side of the centre line of the railway.

(2) Every person causing, commencing or in charge of such burning shall cause the same during the whole period of its continuance to be watched and guarded by at least four men

provided with suitable appliances for extinguishing prairie fire and in default thereof shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $100.

(3) This section shall not relieve any person from liability under this Ordinance if any fire so started shall escape or run at large. C.O., c. 87, s. 5.

Fires before 7th May

SPRING BURNING.

6. Nothing herein contained shall prevent any person from kindling fire before the 7th day of May in any year for the purpose of clearing any area of land not exceeding three hundred and twenty acres if such land is completely surrounded by a fireguard not less than ten feet in width consisting of land covered with snow or water or being so worn, graded, ploughed, burned or covered with water as to be free from imflammable matter.

(2) Any person so kindling a fire shall cause it to be guarded during the whole period of its continuance by three adult persons provided with proper appliances for extinguishing prairie fire and should such fire be left without being so guarded or be allowed to escape such person shall be guilty of any offence. and liable on summary conviction thereof to a penalty not exceeding $100. C.O., c. 87, s. 6.

FIRES BY LOCAL IMPROVEMENT OVERSEERS.

Overseers of local improvement districts, exceptions

7. Nothing in this Ordinance contained shall prevent the overseer of any local improvement district from kindling a fire for the purpose of making a fireguard but the area which it is proposed to burn must be completely inclosed by a fireguard at least ten feet in width such as is described in section 6 hereof and such fire so kindled must during the whole period of its burning be guarded by such number of men provided with proper appliances for extinguishing prairie fire, not being less than four men, as will be reasonably sufficient. to control such fire and if the precautions hereby required are not taken or if such fire should escape and run at large such overseer shall be deemed guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding $100. C.O., c. 87, s. 7.

PROSECUTIONS.

Burden of proof Negativing exceptions

8. It shall not be necessary that any prosecutor or complainant shall in any information or complaint for an offence under this Ordinance negative any exemption, exception, proviso or condition herein contained or prove any such negative