Part II - Enacted First Nations Legislation

Decision Information

Decision Content

4. * Th6 Council of the*........................Band of Indians at a meeting held..... .......................makos the following by-law pursuant to paragraph (o) of Section 80 of tho Indian Act. By-law No._____ 1 ______ A by-law to provido for tho protection against and prevention of trespass by cattle and other domestic animals, the establishment of a pound, the appointment of a poundkeeper, the regulation of his duties and the provision for fees and charges for his services in the......A ?•.....................Indian Reserve in the Province of...British.Columbia .,.,........... 1. No person shall permit any ass, boar, bull, bullock, calf, cow, goat, heifer, horse, jackass, lamb, mule, ox, pig, ram, sheep, sow, or stallion owned by him or reputed to be in his care or possession, to run at large on any part cf the .Kamloops £ 1*.... ..............Indian Reserve, in the Province of...British..... ...Columbia.,..'...., and any such animal so found at large on the said Reserve shall be liable to be impounded as hereinafter provided. 2. The Chief or some person duly appointed by the Council of the Band shall be Poundkeeper for the Reserve, and such Poundkeeper.. shall,supply sufficient feed and water to any animal impounded as provided by section i|. 3. The Poundkeeper shall keep a book in which he shall record a description of all animals impounded, with the date of impounding, damage claimed (if any), date redeemed or sold, and disposal of proceeds . U* Anyone finding any animal running at large,on the Reserve, contrary to the provisions of section 1, may deliver the same to the pound whether the name and address of the owner or reputed owner of such animal shall be known or not, and for so delivering same, shall be entitled to remuneration as follows: (a) For the delivery of each stallion, jackass or bull.^lf.00... (b) For the delivery of each other animal.!$£.00. ., but not more than.&20.00,...for one impoundment. 5. The Poundkeeper shall, within two days after the impounding of any animal, post a notice of same in at least three conspicuous places on or adjoining the Reserve, and may advertise the same in two successive issues of the local newspaper (if any). If the owner or person reputed to have charge of the animal is knowp, the Poundkeeper shall notify such owner or person in writing. 6. The owner or any person having any animal in his care and possession may redeem any impounded animal by the payment of fees and damages as provided in section 7» 2 i
The following fees and. damages (if any) shall be recovered by the Poundkeeper, together with the remuneration mentioned in section U. before releasing the impounded animal from the pound: (a) For receiving into pound each stallion, jackass or bull .5?10.00. (b) For receiving into pound each other animal. ,$j?.QQ. . . but not more than. .5520 .00 .. .for one impoundment. (c) For the maintenance of each stallion, jackass or bull.$2.00,... a day. (d) For thé maintenance of each other animal. .551 ;QQ... .a day. (e) For notifying the owner or person reputed to have charge of the animal or animals impounded .551.00'..... (f) For advertising - actual cost. (g) For posting notices of animals impounded, each notice to in̂ - clude all animals impounded at one distress or seizure-.$1 *QQ.. « (h) For posting notices of sale, each notice to include all animals impounded at one distress or seizure.5)1.00 ..̂ (i) For each mile necessarily travelled in performance of his - duties - 10jz(. . (j) For selling impounded animals - of the amount realized. (k) For damage done by an animal at large - the amount of the actual damage assessed, which shall be paid to the person entitled thereto. When an animal has not been redeemed from the pound within twenty days after notice of impoundment has been given as provided for in section f>, the said animal shall be sold by public auction after the notice of such sale has been posted for fourteen days in three conspicuous places within reasonable distance of the said pound, and at such sale the Poundkeeper or any auctioneer chosen by him shall be auctioneer, and such sale shall be held at the pound and shall commence at two o'clock in the afternoon Standard Time. The proceeds of any impounded animal sold as provided by section 8, shall, after deducting fees, charges and damages assessed (if any) as provided by sections l(. and 7» be paid to the owner, or if not claimed, at the time of such sale, shall be paid forthwith to the Indian Superintendent of the Agency in which the Reserve is situated, and any money so paid shall be returned to the owner of the animal sold on satisfactory evidence being furnished as to ownership and application therefor being made to the Superintendent within three months from the date of sale; otherwise such proceeds shall be placed to the credit of the funds of the Band. This by-law will not apply to non/lndian domestic animals grazing on Reserve range f©r which dues are dharged and a permit issued by the Indian Superintendent nor shall it apply to Indian cattle.
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