Chronological No. ^ D E P A R T M E N T O F C IT IZ E N S H IP AND IMMIGRATION INDIAN AFFAIRS BRANCH R esolu tion #26/66-67 H.Q. Reference C A N A D A BAND COUNCIL RESOLUTION NOTE: The words "From our Band F un ds" must appear in all resolutions requesting expenditures from Band Funds. FOR HEADQUARTERS USE ONLY COUNCIL O F T H E Peguis BAND AGENCY F ish er R iver PROVINCE Manitoba PLACE Agency O ff ic e DATE s ix th Mnrçh AD 19 1967 DAY MONTH YEAR DO HEREBY RESOLVE: The C ouncil o f the Peguis Band o f Indians at a meeting held March 6 , 1967, makes the fo llo w in g by-law pursuant to paragraph (e ) and (R) o f S ection 80 o f the Indian A ct. By-law No. 1 A by-law to provide fo r the p ro te c t io n against and prevention o f tresp ass by c a t t le and other dom estic anim als, the establishm ent o f pounds, the appointment o f pound-keepers, the re g u la tio n o f th e ir d u ties and the p ro v is io n fo r fe e s and charges fo r th e ir s e rv ice s as ou tlin ed in the attached appendix A. 1 . Any person who v io la te s any o f the p ro v is io n s o f th is by-law s h a ll be g u ilty o f an o ffe n ce and s h a ll be l ia b le to pay f in e s and p e n a ltie s as imposed on the attached appendix A. / (C h ie f)' * / (C ouncillor) (C ouncillor) (C ouncillor) ............................. (C ouncillor) (C ouncillor) (C ouncillor) ....... é j ..:£ .:± (C ouncillor) (C ouncillor) (C ouncillor) (C ouncillor) (C ouncillor) (C ouncillor) FOR HEADQUARTERS USE ONLY 1. TRUST 2. CURRENT BALANCES 3. Expenditure 4. Authority 5. Source o f Funds ACCT A. Capital B. Revenue Indian A ct S ec. Capital ( j Revenue $ $ $ 6. Recommended 7. Approved Date A ssistan t Deputy Minister, Date Authorized O fficer Indian Affairs 1A-13S
BY-IV,/ KO. 1 APPENDIX "A " HERD AND POUND BY-LAW BEING BY-LAW No. 1 OF THE PEGUI3 INDIAN RESERVE
"eing the Herd and Pound Laws of the Peguis Indian Reserve. WHüRi'jàS in the op in ion o f the C hief and Council o f the Peguis Indian R eserve, i t is expedient to make a Herd and Pound Laws fo r the said Peguis Indian Reserve. NOW THEREFORE, the C hief and Oouncil o f the Peguis Reserve in sess ion assembled, enact as fo l lo w s : 1 . That i t s h a ll not be law fu l to a llow any c a t t l e , h orses, sheep, swine, goats , geese or p ou ltry o f any d e scr ip t io n or age to run at la rge at any time o f year w ith in the l im its o f the Peguis Indian Reserve. 2 . That any animal or fow l found tresp assin g upon any land or premises sh a ll be l ia b le to be impounded and such animal or fow l may be so ld under the Band C ouncil R eso lu tion , unies;? the damage caused by such animal or fow l so t r e s passing be sooner p a id . 3 . Nothing in th is By-Law s h a ll prevent any person su sta in in g damages by reason o f any breach o f th is By-Law from recoverin g compensation in any Court o f competent ju r is d ic t io n from any person owning or having the custody o f any animal through which such damage has been caused. A* Any animal or fow l found at la rge contrary to the p rov is ion s o f th is By- Law or any other Band C ouncil R esolu tion s h a ll be l ia b le to be impounded and so ld accord in g to the p ro v is ion s o f the Band Council R eso lu tion , unless the la w fu l pound fe e s and damages i f any are sooner paid . 5. There s h a ll be esta b lish ed as many pounds in the Peguis Indian Reserve as the C h ief and C ouncil and A gricu ltu re Committee s h a ll from time to time deem n ecessa ry , and such Pounds s h a ll be s itu a ted upon the prem ises o f the re sp e ctiv e pound-keepers appointed to carry out the p ro v is ion s o f th is By-Law. 6 . The pound-keepers a h a ll have pounds o f s u f f i c ie n t extent and s u f f i c ie n t ly enclosed and fenced to prevent the escape o f impounded animals or fo w l, and the pound-keepers s h a ll be l ia b le fo r the escaping o f any animal or fow l from the Pound and fo r the expenses in connection therew ith . 7 . The pound-keeper s h a ll maintain and keep the said pounds out o f the fees and charges h e re in a fte r mentioned and the said Pounds s h a ll not be made a charge upon the Reserve fo r the maintenance, support and keeping o f the same in any manner w hatsoever. 8 . I . Where animals or fow l are impounded, 'he pound-keeper s h a ll immediately a fte r the impounding and be fore the sa le th e r e o f, cause to be p osted , a n o tice d e scr ib in g the animals or fow l impounded, the age as nearly as p o s s ib le , sex and c o lo r , w ith brand or any mark o f id e n t i f i c a t io n , which n o t ice may be as fo llo w s : Reserve ............................. Pound No......................... on s e c t i o n ................. in Range No. ................ (o r as case may be) Impounded o n ................ day o f .................. 19 ................ (Kind o f animal or fow l and number o f same), C olor .................. A g e ................ (Brand or mark o f id e n t i f i c a t io n ) . Found - keeper (S ignature) .................... LL .. Impounded animals or fo w l, when not claim ed, s h a l l , be fore being s o ld , remain in pound fo r f i f t e e n days or fo r such longer period as the r e so lu tio n p ro v id e s . I I I . Where animals or fow l impounded are sold by reason o f not being c ‘ aimed the proceeds a fte r deducting expenses, s h a ll be handed to A g ricu ltu ra l Committee to be reta ined by them in a s p e c ia l account fo r one year when, i f not claim ed, they s h a ll go to the general funds o f the A g ricu ltu ra l Committee. I f the proceeds are not s u f f i c ie n t to pay a l l expenses the balance th e r e o f , may be recovered w ith c o s ts as a debt due to the A g ricu ltu ra l Committee from the owner o f such animals or fo w l, in which case the production o f a statement o f the amount o f such p roceed s , the amount o f such expenses and the balance woing purporting to be c e r t i f i e d by the A g ricu ltu ra l Committee sh a ll be evidence o f the debt*
Continued Page 2 S. I l l The A g ricu ltu ra l Committee s h a ll pay to the pound-keeper any balance o f expenses that have been p erson a lly incurred by him, and fo r which he has not been reimbursed from the proceeds o f the sa le or otherw ise . 9 . No pound-keeper s h a ll d ir e c t ly or in d ir e c t ly become the purchaser o f any animals or fow l sold by au th ority o f th is By-Law. 1C. No pound-keeper s h a ll in order to make a sa le o f any impound animals be requ ired to take out any A u ction eer 's lic e n s e or other l ic e n s e . 11. I t s h a ll be the duty o f the pound-keepers on demand and upon a statement that such animals as are not perm itted to run at la rge were found stray in g running at la rge or trespassin g in contravention o f th is By-Law is to re ce iv e and impound such animals or fow l. 12. The pound-keeper s h a ll n o t ify the owner or keeper or b a ile e o f any animals impounded w ith in 24 hours, i f such be known, and i f not known, the pound-keeper s h a ll immediately put up n o tice s at the Pound Gates and at the lo c a l Post O ff ic e s w ith in 2 4 hours g iv in g d e sc r ip t io n o f animals as near as may be. 13 . Upon the r e c e ip t o f the pound-keeper's fe e the Pound-keeper s h a ll forth w ith re le a s e the impounded animals provided no damages are claim ed. I f damages are cla im ed , the pound-keeper s h a ll in ad d ition to h is own fees re ce iv e e ith e r a cash d ep osit or an approval jo in t prom issory note fo r the amount claim ed fo r damages and reasonable co s ts o f d ispute be fore he re le a se s the impounded anim als. 14. I f the amount o f the damages cannot be agreed upon between th e p a r t ie s , the d ispute s h a ll be d e a lt w ith by a r b itr a t io n . The owner or keeper o f the impounded animals s h a ll appoint one a rb ir ta to r and the owner or keeper o f the p roperty claim ed to be damaged s h a ll appoint one a rb itra to r and the A g r icu ltu ra l Committee or the C ou n cillor o f the area in which the Found is s itu ated s h a ll appoint a th ird a r b it r a to r . 15. The three a rb itra to rs thus appointed sh a ll forth w ith appraise the damage and make an award in w ritin g with such terms and con d ition s as to co s ts as they s h a ll think proper signed by at le a s t two o f them and the said award s h a ll be d e liv e re d to the pound-keeper. I f the d isp u tin g p a r t ie s p rev iou s ly agreed in w rit in g to abide by the d e c is io n o f the a rb itra to rs there s h a ll be no appeal from such award, and the pound-keeper s h a ll then forthw ith a fte r having rece iv ed the w ritten award pay the amount o f such award to the person e n t it le d th e r e to , from the monies deposited w ith him, or i f on ly a prom issory note has been made and deposited with the pound-keeper the same may be assi^ed to th e person e n t it le d to the award. The pound-keeper s h e l l in no case be re sp o n s ib le to anyone fo r any greater sum o f money or fo r any s e cu tity other than that d ep osited w ith him in th is b e h a lf. 16. Aach a r b itr a to r s h a ll be e n t it le d to be paid fo r h is s e rv ice s a fe e o f one d o lla r fo r the award and the c e r t i f i c a t e th ereo f duly d e livered to the pound- keeper, and ten cents fo r every m ile n e ce s sa r ily tra v e lle d by him in making the award. 17. Every a r b itr a to r must be a d is in te re s te d party l iv in g w ith in a radius o f f i v e m iles o f the Found in which the animals in resp ect o f which he proposed to a r b it r a te , are impounded. 18. No person s h a ll be e n t it le d to a fe e fo r d e liv e r in g any animal or animals to a pound-keeper. 19. I t s h a ll be the duty o f the pound-keeper to care f o r and p roperly feed a l l animals impounded and to su ita b ly segregate a l l s t a l l i o n s , boars , b u lls and rams. I f milk cows are impounded the pound-keeper s h a ll m ilk the same tw ice a day and s h a ll be e n t it le d fo r so doing to keep the milk fo r h is own use.
\ i ( - continued Paste 3 *0 . Any person who leav es open any gate or l e t s down any bars o r makes any gap in any fence f o r the purpose o f perm itting any animals to tresp ass or otherw ise cause any animal to trespass s h a ll be g u ilty o f an in fr a c t io n o f t h is By-Law. 21 . In the even t o f a pound-keeper f a i l in g to d ischarge h is d u ties hereunder, he s h a ll be g u ilty o f an in fr a c t io n o f th is By-Law. 22. The pound-keeper s h a ll en ter in a book, kept f o r the pu rpose , the number and d e s c r ip t io n o f every animal impounded by him w ith the name o f the person who d e liv e re d the same the day and the hour in which the same was r e c e iv e d , redeemed or s o ld , and the amount o f damages, c o s ts and fe e s paid by the party redeeming same, o r the proceeds o f the sa le ( i f made) and he s h a ll make a l l e n tr ie s th ere in as soon as p o ss ib le a f t e r doing each th ing required by th is By-Law. book and a copy o f th is By-Law which the pound-keeper is hereby requ ired t o keep, s h a ll a t a l l reasonable times be open f o r in sp e ctio n o f any person fr e e o f charge. 23» The Pound-keeper s h a ll make returns t o the S ecretary -T reasu rer o f the M u n icip a lity In w ritin g o f the number and d e sc r ip t io n o f a l l animals re ce iv ed by him, w ith the names o f the persons taking the same to the Pound, the day in which rece iv ed by him, redeemed o r s o ld , and the amount rece iv ed f o r damages, c o s t s and f e e s . Such return 3 h a ll be made once p er annum o r o fte n e r as required by the C ou ncil. 24 . The charges and fe e s to be taken and kept by the pound -keepers f o r impounding and keeping animals s h a ll be as fo l lo w s : For each head o f p ou ltry per day For each h o rse , g e ld in g , mare or mule per day For each s t a l l i o n per day For each b u l l per day For each hog p er day For each ram or other sheep per day For each goat per day For each cow or cow with c a l f per day For each c a l f p er day For a l l o ther c a t t le per day For each n o t ice t o owner or keeper o f impounded anim als, in clu d in g verb a l n o tice For each m ile n e ce s sa r ily tra v e lle d t o serve such n o t ic e For each advertisem ent o f sa le and conduct o f sa le 25. That amendments can be made from time t o time a t the d is c r e t io n o f the C h ief and C ouncil on advice o f the A g r icu ltu ra l Committee in r e s p e c t t o making th is By-Law more b e n e f ic ia l and e f f e c t i v e . Band Council R eso lu tion passed by C hief and C ou ncil o f the Pegui's Reserve on th is S ixth day o f March 1967. C ou n cillo rs : Such pound • • • $ .2 5 • ♦ • $2.00 $4.00 $4 .00 • • • $2 .00 • • • $ .50 • • ♦ $ . 50 • • • $1 .00 • • • $ .50 » • • $1.00 • * • $1*00 • • • $ .20 • 0 • $2 .00 Z 'w . À . Chiefs-/ " * -• A -1
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.