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1913

CHAPTER 9.

An Act to amend the Statute Law.

(Assented to March 25, 1913.)

HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

1. This Act may be cited as "The Statute Law Amendment Act of 1913."

2. The Pound District Ordinance, being chapter 79 of the Consolidated Ordinances of the North-West Territories of 1898, as amended by chapter 29 of the Ordinances of the North-West Territories of 1900 and chapter 2 of the Statutes of 1910 (2nd Session) is amended as follows: 1. Section 2: By striking out clause 5 and substituting therefor the following:

"5. The expression 'estray' means any animal running at large within the limits of any pound district at any time while the Ordinance is in force in such district."

By striking out of clause 9 all the words after the word "tenure" in the second line thereof.

2. Section 3: By repealing this section and substituting therefor the following:

"3. The Lieutenant Governor in Council may by order in council constitute any territory containing not less than the area of a township, no part of which is included within the limits of a rural municipality or a village, into a pound district, declare what animals shall be estrays and fix the time in each year during which the Ordinance shall be in force in such district."

3. Section 4: By repealing this section and substituting therefor the following:

"4. Application for the formation of a pound district shall be made to the Minister in form C in the schedule hereto and shall set out the territory it is desired to have included in the proposed district, the months during which the Ordinance is to be operative in such district and the animals to be designated as estrays.

"(2) At least thirty days prior to the date of the orderin-council constituting a pound district, a notice of the application, setting out the particulars contained in such application, shall be published in The Alberta Gazette and also posted in at least one post office within such proposed district, or if there be no post office within such proposed district then in the post office nearest to such proposed district.

"(3) Such notice shall be addressed to the postmaster at such post office enclosed 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.

"(4) 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."

4. Section 8: By striking out all words after the word "not" in the fifth line thereof.

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5. Section 29: By adding to subsection 3 the following words: "and such particulars shall be inserted in two successive issues of the supplement to The Alberta Gazette. (2) By adding thereto the following new subsections: "(4) The pound keeper shall immediately after such sale brand the animal or animals sold with a brand to be designated by the Minister on such part of the animal or animals as the Minister shall direct.

"(5) The purchaser of any animal or animals sold at a pound sale shall retain possession of same for a period of 45 days from the day of the sale and shall not during such period sell or dispose of such animal or animals except to the owner as hereinafter provided.

"(6) The owner of any animal or animals sold at a pound sale may redeem same within a period of 45 days from the day of such sale upon paying to the purchaser in respect of each animal so redeemed the following sums:

"(a) The price paid by the purchaser for such animal; "(b) An amount equal to 5% of such price; and "(c) Twenty-five cents for each day that such animal has been in the possession of the purchaser, on account of the expense of feeding such animal; and the purchaser shall, upon payment to him of such sums, deliver to the owner any animal or animals so redeemed.

"(7) A poundkeeper shall, upon any animal being redeemed by the owner, vent the brand placed upon such animal by him in a manner designated by the Minister."

6. Section 37: By adding after clause 6 thereof the following new clauses:

"6a. Gives an incorrect description of any animal or animals whether through negligence or carelessness.'

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7. Form A of the Schedule: By striking out the words "or superintendents, overseers or other duly authorized persons acting for or on behalf of such holders or occupiers" in the first paragraph of the declaration, and the words "or a superintendent, overseer or other duly authorized person acting for or on behalf of such holder or occupier of land" in the third paragraph thereof.

8. Form B of the Schedule: By striking out form B and substituting the following therefor:

"FORM B.

"To (name of owner, or Department of Agriculture as the case may be):

"Notice is hereby given under section 26 of The Pound District Ordinance that (description of animal impounded, giving colour and markings, sex, age, brand or brands and any other marks) was impounded in the pound kept by the undersigned on the (description of quarter section or other place where pound is located) on the..

day of.

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Signature of Pound Keeper.)"

9. By adding to the said Ordinance the following new form:

"FORM C.

"To the Lieutenant Governor in Council:

as

"We, the undersigned, being proprietors of land defined by clause 9 of section 2 of The Pound District Ordinance in (here describe the district it is desired be constituted into a pound district) hereby make application to have the provisions of the said Ordinance enforced within the said district during the months of (here state months of the year it is desired to have the provisions of the Ordinance enforced) against the following animals (here insert names of animals):

LAND OWNED OR OCCUPIED.

NAME

Quarter Section Township Range

West Meridian

"I, A.B., of (post office address) do solemnly declare: "1. That the total number of persons in the area described in the foregoing application being holders or occupiers of land under whatever tenure 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 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, 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.

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3. The Stray Animals Ordinance, being chapter 80 of the Consolidated Ordinances of the North-West Territories of 1898, is amended as follows:

1. Section 2: By striking out the words "or in the herd, band or flock" after the word "premises" in the second line of clause 7.

(2) By striking out all the words of clause 10 after the word "premises.

2. Section 3: By striking out the words "or in his band, herd or flock" after the word "premises" in the first line thereof; and by striking out the words "band, herd or flock" after the word "premises" in the fourth and seventh lines.

3. Section 4 as amended by the Statute Law Amendment Acts of 1908 and 1909: By repealing this section and substituting therefor the following:

"4. Any person who finds he has on his premises any estray animal, the owner of which is unknown to him and which cannot be driven away from such premises, or any such animal the owner of which is known to him but which is not removed as provided in the section next preceding, shall at once notify a brand reader who shall prepare a notice to the effect that such animal is on the finder's premises and which shall contain the name, location and post office address of the finder and a full description of the animal with all its marks (natural or artificial), colour and probable age, with any other marks which may lead to its identification, and the brand reader shall within three days forward a copy of such notice to the recorder of brands at Medicine Hat, who shall at once advise the brand reader whether the brand described by him is a recorded brand or not; and in the event of the same being a recorded brand he shall inform the brand reader of the name of the owner thereof, and the recorder of brands shall at once give notice to such owner through the mail that an estray bearing his brand has been reported to him, which notice shall contain the name, location and post office address of the finder.

"(2) The brand reader shall at the same time forward a copy of such notice to the department, and such notice shall be published for two consecutive issues in the supplement to The Alberta Gazette, and a copy of each issue containing such notice shall be forwarded to every post office, to every post of the North-West Mounted Police, to every justice of the peace and to every newspaper in the province, and a copy of the same shall be forwarded with every copy of the said Gazette.

"(3) In addition to the notice forwarded for the insertion in the said Gazette the finder of any such animal or animals as is described in the first subsection to this section shall at the same time cause a copy of the notice, as prepared by the brand reader, to be inserted in three successive weekly issues of the nearest newspaper and any expenditure (not exceeding the sum of $1.50) made for such advertising shall be reimbursed to the finder by the owner when the animal

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