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CHAP. 21.

An Ordinance for the better protection of Cattle, and the better prevention of Cattle Stealing.

[9th March, 1869.]

A. D. 1869.

WHEREAS it is expedient to make provision for the better reamble.

protection of cattle, and for the better prevention of cattle

stealing:

Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:—

awarded.

1. From and after the passing of this Ordinance, any Justice of Restitution of stolen the Peace, upon complaint or information on oath that any cattle cattle may be suspected to have been stolen is in the possession of any person, may issue a summons to such person, requiring him to appear at a time and place mentioned in such summons, before the Justice of the Peace issuing such summons, or, in the discretion of such Justice, may issue a warrant in the first instance to apprehend and bring such person before such Justice of the Peace, and also if such Justice shall think fit, may issue his warrant to any Constable, commanding him to seize any such cattle suspected to have been stolen, and detain the same until such information or complaint shall have been disposed of, and if on the appearance of such person so summoned, or apprehended, or on proof of the service of such summons personally, or by leaving the same at the usual or last known place of abode of such person two days before he was required to appear, it shall seem to such Justice, after hearing evidence on oath or affirmation, that such cattle was stolen, it shall be lawful for such Justice to determine to whom such cattle belong, and to adjudge such person to be the owner thereof and to issue a warrant under his hand and seal to any Constable of the said Colony, commanding him forthwith to seize such cattle wheresoever the same may be found, and to restore and give peaceable possession thereof to the person so adjudged to be the owner as aforesaid. Provided, always, that nothing herein contained shall be construed or taken to discharge any person from any criminal prosecution for felony to be afterwards brought against such person, or to prevent the Justice committing such person for trial, or to deprive any person of any right he may have, or might have had before the passing hereof.

sion of skin or carcass of stolen cattle,

2. If any witness shall prove on oath before any Justice of the Penalty for possesPeace that there is reasonable cause to suspect that the skin or carcass of any cattle stolen from any person is concealed in any dwelling-house, or other place, it shall be lawful for such Justice to

A. D. 1869.

Penalty for fraudulently branding cattle.

Imprisonment for non-payment of fines.

issue a warrant directing any Constable to search such dwellinghouse or place, and if the skin or carcass of any cattle, or any part thereof, so suspected to have been stolen, shall have been found in the possession of any person in or at such dwelling-house or other place specified in such warrant, with his knowledge, it shall be lawful for any Justice before whom such person shall be brought (unless such person shall satisfy the said Justice that he came lawfully by the same), to commit such person to the nearest gaol or lock-up in which he can be conveniently confined, in order that he may be brought forward for trial at the next sitting of the said Justice of the Peace (unless he enter into such bail with one or more sufficient securities as may be required for his appearance before such court, which bail any Justice is hereby authorized and required to take), and if such person so apprehended after proof upon oath of such finding of such skin, or carcass, or any part thereof as aforesaid, shall not satisfy the Justice sitting in open court that he came lawfully thereby, he shall forfeit and pay any sum not exceeding two hundred and fifty dollars, together with the charges previous to and attending his conviction.

3. Any person wilfully and fraudulently branding or marking, or attempting to brand or mark, or being directly or indirectly concerned in branding or marking, with his own or another person's brand, stamp, or mark, any cattle not belonging to himself, without the consent of the owner of such cattle, shall, on conviction thereof upon information under oath in a summary manner before any Justice of the Peace of the said Colony, be punishable for every such offence with a fine not exceeding two hundred and fifty dollars, leviable as hereinafter mentioned, and for a second offence by a similar fine leviable in like manner, with or without hard labour, not exceeding six months, in the discretion of the convicting Justice.

4. Upon non-payment of any fine, forfeiture, or penalty, or noncompliance with any order or adjudication under this Ordinance, either immediately or within such period after the conviction as such Justice at the time of such conviction shall appoint, and where no mode of proceeding is hereby prescribed, such Justice shall commit the person making default in payment or not complying with such order or adjudication, to any gaol in the said Colony, with or without hard labour, in the case of non-payment of any sum, for any period not exceeding three months, where such sum remaining unpaid shall not exceed fifty dollars; four months where the said sum shall exceed fifty dollars and not exceed one hundred dollars; and six months where the said sum shall exceed one hundred dollars, unless the said sums shall be sooner paid; and in case of non-compliance with any order or adjudication as aforesaid, for any period not exceeding six months.

A. D. 1869.

5. All proceedings under this Ordinance shall be had and taken in a summary way, and no information, unless in cases hereby Proceedings in a specially required, shall be necessary previous to the issuing of a summary way. summons; and no information, or warrant, conviction, commitment, or other proceeding before or by any Justice of the Peace for any offence under this Ordinance shall be quashed, or set aside, or judged void, or insufficient for want of form, or be moved by certiorari or otherwise into either of the Supreme Courts in the said Colony, save in any case where the value or amount of any cattle of which any person may be ordered to make restitution, or of any sum, fine, or penalty, or forfeiture which any person may be ordered to pay shall exceed fifty dollars, in any information, summons, warrant, conviction, commitment, or other proceeding, for any offence contrary to this Ordinance, it shall be sufficient if the offence be stated in the words thereof declaring the offence, and in all proceedings under this Ordinance the informer or any party prosecuting shall be deemed a competent witness.

6. All fines, forfeitures, and penalties imposed by this Ordinance, Appropriation of shall be paid to Her Majesty, Her heirs and successors, for the penalties. public uses of the said Colony, and in support of the Government thereof: Provided, always, that the convicting Justice may at his discretion award any portion not exceeding one moiety of any fine, forfeiture, or penalty for the use of the informer or party prosecuting.

breach of contract

7. No consideration or damages for breach of contract, or other- No damage for wise, shall be recoverable under any contract for the sale of any unless bill of sale cattle unless such sale shall have been made by bill of sale or contains descripmemorandum in writing, and in the margin or body thereof there tion of brands. shall have been inserted at the period of making thereof the particular brands or marks upon each of the cattle included in such sale: Provided, always, that this section shall not apply to any portion of the Colony other than that formerly known as Vancouver Island and its Dependencies.

tered.

Every person keeping and using brands for branding cattle shall Brands to be regisregister the same with the Magistrate of the district, by leaving a transcript of such brand upon a board with such Magistrate, who shall keep a record of all such brands in a book kept for that purpose, to be at all times open to inspection on payment of a fee of twenty-five cents.

No two persons shall have and use similar brands in the same No two persons to district; and in case any person shall have registered a brand, and have similar brands. some other person shall use, within the same district, a similar brand, the Magistrate shall have power to compel the person so using a brand as aforesaid to alter the same in some particular; and

A.D. 1869.

Fees for registration.

Action against
Justices.

Penalty for posses

in case of such person refusing or neglecting to obey the order of the said Magistrate, the said Magistrate shall have power to impose a penalty not exceeding fifty dollars for each offence.

A fee of twenty-five cents shall be taken for each registration of brands.

8. No action at law shall lie against any Justice of the Peace for any matter or thing done, or commanded to be done by him, in pursuance of the provisions of this Ordinance, unless there be proof of corruption or malice, and unless such action be commenced within three calendar months after the cause of action or complaint shall have arisen, and if any Justice shall be sued for any matter or thing done in pursuance of this Ordinance, he may plead the general issue and give the special matter in evidence.

9. If any person is found in possession of other than his own sion of brands other registered brand or brands used for the purpose of obliterating than those regis

tered.

Inspection of hides

Penalties.

Interpretation of terms.

existing brands, it shall be primâ facie evidence that he is in possession of the same for cattle stealing purposes; and upon conviction thereof, summarily before a Magistrate, he shall be liable for each offence to the same penalties, recoverable in the same manner, as provided in clause 3 in case of unlawful branding.

10. It shall be lawful for the Stipendiary Magistrate of any district in the Colony, or, where none such exists, for any Justice of the Peace of the Colony, at any time or from time to time, by any writing under his hand, to authorize any constable or other person or persons to inspect the hides of all cattle killed or brought to any butcher's shop or slaughter-house, or other place used for the time being for killing any cattle; and no butcher or other person killing cattle shall remove the skin or skins of any cattle he may kill from the house or place where the same shall have been killed, or remove or disfigure any brands or marks on any such skin, but shall keep the same skins, so undefaced and undisfigured, at all times freely open to inspection by any constable, officer, or person so appointed as aforesaid to inspect, for the space of at least eight days from the day on which any such cattle shall have been killed. Any person or persons impeding or interfering with any constable, officer, or other person so inspecting, shall be liable, upon conviction thereof summarily before a Justice of the Peace, to the same penalties, recoverable and enforceable on default, in exactly the same manner as is hereinbefore appointed in respect of the penalty imposed for the unlawful branding of cattle: Provided, always, that this section shall not apply to any portion of the Colony other than that formerly known as Vancouver Island and its Dependencies.

11. In the construction of this Ordinance the word "cattle" shall extend to and include horses, mares, fillies, foals, geldings, colts,

bulls, bullocks, cows, heifers, steers, calves, sheep, mules, and asses.

A.D. 1869.

12. Provided, that this Ordinance shall not take effect until Her Suspending clause. Majesty's approval thereof shall have been published in this Colony.

13. This Ordinance may be cited for all purposes as the "Cattle Short Title. Ordinance, 1869."

CHAP. 22.

An Ordinance to make general regulations for the establishment and management of Cemeteries in the Colony of British Columbia.

WHER

[28th April, 1870.]

A. D. 1870.

WHEREAS it is expedient to make general regulations for the Preamble] establishment, maintenance, and management of Cemeteries

in the Colony of British Columbia:

Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:

public cemeteries.

1. It shall be lawful for the Governor, from time to time, to Governor may apappoint so many trustees as he may think fit for any public ceme- point trustees for tery in British Columbia; every such appointment to be published in the Government Gazette of the said Colony; and the trustees so appointed, and their successors to be appointed as hereinafter mentioned, shall have power to hold any lands or hereditaments that may be conveyed to them by deed or grant from the Crown, or by any other sufficient deed of conveyance, on trust, for the establishment or purpose of a public cemetery.

2. The Governor of the said Colony shall have power, from time to time, to remove from the said trusts any trustee of any such cemetery as and when he shall think proper; and, also, on the death, resignation, and removal of any trustee appointed under this Ordinance, to appoint another in his stead; and every such removal and appointment shall be published in the Government Gazette, and upon the publication thereof, without any further conveyance, the legal estate in all lands and hereditaments respectively held by any such trustee, in trust for the purposes aforesaid, shall vest in such new trustee as the case may require; and a copy of the Government Gazette shall be deemed sufficient primâ facie evidence of such removal, respectively, in all proceedings whatsoever.

3. It shall be lawful for the Governor, out of any part of the public revenues of the said Colony appropriated, or to be appro

Governor may remove such trustees and fill up vacant trusteeships.

Governor may ap

for cemeteries.

portion public votes

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