tho Council of the / ’J * P k C C M 'ïf ’.. Bond of Indiana at a nesting Laid this d ù day of fl) (l P (' If- 19-^ nako the follo.ting by--lavr pureuant to paragraphs (o) and (r) of Goction 80 of tho 1/ :ian Act. BT-IAÏÏ BO. *Y 3 A By~Lcc? to provide for ihs protection against and pravontion of trespass by .C-attlo. end other domestic saicals, tho establishment of pounds, the appointment of pound-keepers, tho regulation of thoir duties and tho .provision for fees and chargea for thsir services on ÇCjlûih'j Indjl; o n B oodito Ho . JL 0 in the Province of 1. This "by-la’s may bo oitod as the Pound By-La-?.* 2. In thi3 by-las (a) "animal" means a domestic animal and includes any ass, boar, bull, bullock, calf, cos, goat, hsifsr, horss, Jackass, lesb, pule, ox, pig, ran, sheep, sen? or stallionj (b) "band” means tho Ç, Pr 0 f (o) "council” means tho Council of the Bandj (d) "pound" means any enclosure kept on the reserve for th3 purpose of this by-lan| (e) "pcund-keopsr" Eeans any person appointed by the council for- the purpose of this by-lavj (f) "reserve u>53G9 K n ^. r t > U n , C,t?cl (E' fi Rooarvo }Jo. -(g) Hrun at large* or ^running at large” ma ans an animal that io off the of itc continuons and effective control of coma paraonj (h) ^Superintendent” ma ans the Superintendent of tha Indian Agency, '̂v Lllilff £.r . ff ;'/ 3 / o - J ' . J »? (_Q. C -rO V P P Band of Indiansj ? w O / . and is nol -hnha iÎiLmadia^o *̂ O 7 n r ^ - i* / f
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- 2 -(i) Words importing male persons include fomalo persons; and 0 ) •word3 in the singular include the plural, and words in tho plural include the singular. ^ (1) The Council may appoint one or more pound-keepers for the reserve who shall hold office during the pleasure of the council. (2) Every pound-keeper Bhall keop a pound "book ^hich shall at all tim-03 be open to inspection of the council or any member thereof* (3) A po\ind hook shall contain entries showing a description of all animals impounded, the date and time of impoundment, the name and address of the impounder, the date and tim3 the animals were redeemed or sold, a record of all fees and charges collected, and the name and address of the person to whoa any animals vrara sold, A pound—keeper shall, upon his removal from office or upon the eoceptance of his resignation, deliver forthwith the pound hook to the council or any macaber thereof. (1) A pound-keeper, at his own expense, shall (a) maintain a olean pound in good repair, and 00 supply the impounded animal T/ith sufficient and wholesome sustenance* ( 2 ) 2Jo pound-keep er i s l i a b l e f o r m i lk in g o r a l lo w in g to ho m ilk e d any co*a o r fe m a le goe,t T *h ile su ch cot/ or fe m a le g o at is im pounded* or for d is p o s in g of th e n i l k a s he s e e s f i t * 3?o person shall permit any animal OT/ned by him to run at large on reserve* Any person may (a) c a p tu re an a n im a l running a t la r g e on th e r s s e r v e , and 1 (b ) d r i v e , le a d , ta k e o r co n vey su ch a n im a l to th e n e a re s t a c c e s s ib le
jr*C - i -8 . (1) The parson impounding an animal shall provide the -pound-keeper at the time of the impoundment v?i th (a) c description of the animal, (b) t'r i name of the owner of the animal, if known, and (o) the description of the location where tha animal was found, (2) Before releasing the animal to the owner, tha pound-keeper may demand and is entitled to reçoive (a) all lawful feo3 and oharges provided in the attached schedule for the keep of the animal, and (b) all lawful foes and ohaxgos provided in the attached schedule that may be due to the impounder. (3) The pound-keeper shall upon receipt remit the moneys referred to in paragraph (b) of sub3eotion (2) to the person entitled 'thereto. 9. (1) If the owner of an impounded animal is known to the pound-keeper, the pound-kseper shall cause a notice of impoundment in the fera set out in the attached schedule to be delivered forthwith to tha onnsr at his place of residence. (2) If tho residence of the owner is situated more than ten miles from the pound or is for any reason not readily accessible, ih9 notice may be sent by mail. (3) If the owner of the animal impounded is not known to the pound-keeper, tho pound—keeper, within t*?o dot's after the impounding of tho animal shall (a) post a pound notics in the form set cut in tha attached schedule in at least three conspicuous places or, or adjoining tha reserve, end (b) plane in two successive issues of a local newspaper, if any, an advertisement which shall contain a correct description of the animal and shall give the place and time of sale of the animal if not redeemed*
- 4 -10 If tho knov/n o*r/nox of ein icipoutrlod anic^l doo3 not rodaara i*t (e) within throa days after tho delivering of the notice of impoundment or (b) within ton days after the nailing of the notice of impound ment, tho pound-keeper shall post a notice of sala in the fora cot out in th9 attached cohodulo in throo ooncpiououn plsooo on or adjoining tho ros9rvo. (2) On tho day tho notioec era posted, tho pound-keeper shall cand "by ' registered Eail, to ths owner of tho impounded animal a oopy of tho notice of sale. ' (3) After th3 notioo.e of sale have boon posted for c i x days, tha pourd- kssper shall sell the impounded. animal by publio a t uction in accordance with. the provisions of this by-law, 11. (1) ïïhero (a) tho oT?r.or of an itepounded animal i3 not known and the pound- keeper has taken the necessary stops prescribed by this by-la;* to locate ths cwnsr, or (b) ths name of ths onr.er is subsequently made known but ths impounded animal is not redeemed in accordance with the pound notioa, 1 . i i tha pound—keapar shall call the animal by public auction at tha timo and place mentioned in the advertisement and in the pound notice as pooled, j (2) Ho such animal shall ba sold at a date earlier than fourteen day3 fron the time of posting ths pound noticso, 12. (1) Tho sale of impounded animals ehall take place between the hours of 9 o ’clock in tha forenoon and 3 o’olook in the afternoon, as may be determined by the pound-kaeper. I : ' (2) Tho time of sale of impounded animals shall ba set up in all notices of sals. 13 (1) The pound-keeper shall be the auctioneer at all salo3 of impounded animals.. (2) The pound—keeper shall be entitled to receive s fee o± 2% percent of the amount realised from tho sale of oach animal.
■M. (1) Tho proceeds from tho uulo of an impounded animai cold undor tho / ' s > provisions of this by-la-,y ohall bo appliod (a) firstly, in payment of all lawful foos and charges duo to tho pound-keeper, and 0 0 eeoondly, in paymont of all lawful foes and chargea duo to the impounder. (2) Tho balance of tho procoads of tho salo shall bo paid forthwith (a) to tho owner of tho animal, if known, or (b) to tho Superintendent, if tha ov/nor of the animal io not known. (3) If tho p9rson who v?as the owner of the animal Immediately prior to the sale mako3 application to the Superintendent within one month from the date of the sale end produces evidence of title to tho animal whioh, in the opinion of the Superintendent, is satisfactory, any moneys forwarded to the Superintendent from the sale of the /animal shall he paid to such person. i . * (4) • If within one month of th9 date of the sale no olaim is made for the money sent to the .Superintendent, the money shall thereupon b-3 deposited to the funds of tho band and no claim shall thereafter be recognised. 15. Any person who, (a) destroys or damages or attempts to destroy or damage a pound, (b) interferes or attempts to interfere with a pound-keeper in the performance of hi a duties, (o) wilfully causes any animal to run. at large on the reserve, or' (d) rescues or at temps to rescue an animal from an impounder or from tho pound, Is guilty cf r.r offence end liable on s;u!wr.ary conviction to a fina not exceeding one hundred dollars or to imprisonment for a term not exceeding thirty day3 or to both fine and imprisonment. 16 A ponnd-kaaper who t (a) omits or neglects to keep bocks and make entries as required by thi9 by-law or make3 any incorx-ect or untrue entry in such booxs, (b) fails to give any notice required by this act, (c) neglects to give a description to tne host of his ability of an impounded animal in any notices as required, or (d) fails to supply an impounded anil. with sufficient and wholesome c m f i A r . p . n r o .
i K . / r ? g - 6 is guilty of an offence and liable on euc^nary conviction to a fine not exceeding thirty dollars or to imprisonment for a term not exceeding ten days or to both fins and imprisonment. 17- No action lies against a pound-keeper is/hero the pound-keeper has exoroised the duties and rights imposed upon him by this by-la*. /
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.