BX-Ltf NUMBER m . ef i. ■* m m umaig asniis or T^mmro «IV « Respecting trespass by horses, cattle ate., and respecting pounds and poundkeepers, HEBBBAfi *# la deemed expédiant t© paee a by-law respecting trespass by horses, cattle, etc., and respecting pounds and poundkeepers. the ooroeiL ce thk axe u r a m im a m or ms «urn.am mmr smctk ta remuai 1» It shall he unlawful for horses, cattle, sheep, pigs or other animals to run or be at large, on the Reserve. ' * 2. The owner of pigs shall have a pig proof enclosure on his own property. 3. Any animal or animals found naming at large may he distrained by any resident of the Reserve and Impounded, and the owner of said animal or animals so found and impounded shall bo liable for all feoe and damages A* In case any animal or animals is or are dletralned by any re aide of the Six Natlone Reserve for straying within his or her premises such person may retain the same in his or her possession, and such person shall duly give notion as hereinafter required, that is to sayt 5. If the owner is known notice shall be forthwith given to such > ., of having taken up such animal or animals, setting forth the nature and extent of his or her demand against the owner, And if the owner is no# known, then within forty-eight hours trm the taking up of the same, such person shall post up or affix la at least three public places in the neighbourhood and ons on the door of the Six Nation^ Council House, Ohsusken, written notices announcing such talcing up and retention and containing adeser iptian of the oolaur* apparent age sad natural or artificial marks of such animal or animale ae near as' may be, and such person shall during such retention provide such animal or animals with sufficient food, voter and shelter, for vhleh he Shall receive the following remuneration, that la to sayt 6. Per every horse, mare, filly or colt, #1,00 per head and .50* for every twelve hours after the first twelve hours for each horse, eolt, mare or filly.
*2 -■* For every ball, ox, steer, eov or heifer the sum of $1,00 per head and .50* per head for every twelve hours after the first twelve hours. 8. For every hog, and sheep the sum of .50* per head and .25* per head for every twelve hours after the first twelve hours« 9. That if the owner of the animal or animals so Impounded* shall within twenty-four hours next after the delivery of the notice required hy section U, dispute the amount of damages so Claimed, or the lauftilness of the fence within which the damage was done* the person retaining the said animal or animals shall forthwith call in the Fence-viewers of the Reserve to determine the matter in dispute, and they Shall within twenty-four hours after being so called in, deliver to such person retaining such animal or animals, a statement in writing containing their award in the matter so referred to them, and for eaeh of their services, shall receive the sum of $5.00 and any such fence-viewer refusing or neglecting to attend or perform his duty when so called on shall incur and be liable to a fine or penalty of $5.00. 10. That in all oases where the damage so claimed shall exceed the sum of $5.00 and no objection is made thereto hy reason of the owner being unknown and not being aware of such retention, It shall bo the dirty of the person retaining such animal or animals to cause such damages to he ascertained and in the same manner as provided in the preceding section) that in all cases where the owner is known, it shall be the duty of the person retaining such animal or animals to notify him forthwith of tbs said retention. 11. If the award of the fshoe-viewers, or any part thereof remains unpaid for seven days then the party In whose favour the award of the fence-viewers has beeh made may take civil action to recover judgment for the amount of the Judgment owing by the party liable in any court of competent jurisdiction having jurisdiction on the Indian lb servo and the amount of the Judgment may he recoverable from the real estate or personal property of the party liable and the Six Nations' Bailiff shall have the authority to seise and sell any portion of above mentioned property that shall he necessary to satisfy the full amount of judgment or say portion that is not paid.
In addition to any other conditions contained in this by-law the owner of any animal or animals fcund running at large shall be subject to a fine or penalty ef not Jess than $5*00 and costs for each bo allowed to run at large* 13* That the expirât Ira of three days after the retention or Impounding of any animal or animals the same shall hare not been redeemed or replevied, written or printed notices for the public sale thereof shall be given and put up by the person retaining such animal or animals in at least three of the most public places in the neighbourhood of where the animaln are retained, and also one on the door of the Gouneil Rouse, Oheweken, and in all eases where the owner or owners are unknown, and the value of the animal or animal a to be sold shall in the Judgment of the Fence-viewers exceed in value the sum of $20.00 such notice shall be published at least six days before such sale, in a newspaper published nearest the person retaining or Impounding such animal or animals, such notieo to specify the time and place of sale, if such animal or animals are not sooner redeemed or replevied as herein . # before provided, provided always that no such sale shall take place until after the expiration of six days from the time of or putting up and publication (as the case may be) of such notice of such sale. H * That at the time and place of such sale a person appointed by the Six Nations Gouneil shall publicly sell such animal or animals (unless redeemed or replevied as aforesaid) to the highest bidder, and after deducting from the amount realised therefrom all damages fees and charges against the same, shall pay the surplus to the Superintendent of the Six Nations, to bo by him transmitted to the Indian Affairs Branch, and hold for the uses of the Six Nations, unless claimed y? the owner or owners of the animal oar ... animals sold, within twelve months of the time of sale, 15* The person appointed for conducting such sale shall be allowed the prevailing rate of fee. 16. That every person Impounding, shall dally at proper times, furnish all animals impounded with good and sufficient food, water, and shelter, during the period that any such animal shall ho impounded, and in default thereof *»h*n upon summary conviction before a magistrate having Jurladietlon in the Reserve, bo liable to a fit» or penalty of not loss than $5*00 and costs and not more than $10.00 and costs*
1̂7, That in the cam of stock having dona damage to crops and being served before the owner of the crops has discovered the damage, and which can be proved as having been done by the said stock, the owner of the crop may, If the owner of the stock refuses to acknowledge the damage, call In the fence-viewers to determine the matter In dispute, and they within twenty-four hours after having been called, deliver a statement In writing to the owner of the crop, containing their award In the matter referred to them) and for each of their services shall receive the sum of #5*00 and any such fence-viewer refusing or neglecting to attend or perform his duties when so called on, shall be liable to a fine or penalty of #5.00. 18, If the award of the fence-viewers, or any part thereof remains unpaid for seven days then the party In whose favour the award of the Fence-viewers has been made may take civil action to recover Judgment for the amount of the Judgment owing by the party liable in any court of competent jurisdiction having jurisdiction on the Indian Reserve and the amount of the Judgment may be recoverable from the real estate or personal property of the party liable and the Six Rations’ Bailiff shall have the authority to seize and sell any portion of above mentioned property that shall be necessary to satisfy the full amount of Judgment or any portion thereof that le not paid* 19, That If any person or persons shall be guilty of any pound broach, by the removal without lawful authority, from any pound, of ary animal or animals therein impounded, or shall In any ether manner Interfere with or obstruct any peundkeeper In the discharge of hie duties herthy imposed on him, such person or persons ao offending shall he liable to a fins or penalty of not lose than #10*00 nor more th t an #50,00 and costs, to be recovered cm the complaint of such pound-keeper in the manner herein provided, and it shall bs lawful for such pound-keeper, and he is authorised and required to retake, repossess and Impound, in furtherance of this by-law, all such animal or animals as may, by any such pound breach, be ao unlawfully removed and taken therefrom, And all the provisions therein contained shall apply and extend to any persons who shall be guilty of rescuing from any person or persons any or eMma*" on their way to any pound, or who shall In any manner obstruct or Interfere with any such person or persons while engaged in the
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ing and conveying of any such animal or animale thereto* and such parson or persons shall have the sane remedy against any rash offender or offenders as Is herein provided In the ease of pound keepers, PASSED IN GENERAL COUNCIL at Ohsveken on the First day of May, A.P. 1952.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.