-£ t> ~ / - •*■**'* y &? ?s the Council of toe ^ 9 ^ AjP <-/ Bind of Indians at a meeting ild this -•̂ ... da? of - f j z M i____ 19-Z* make the following by-law pursu.* t to paragraphs (e) and (r) of Section 80 of the Indian Act. BY-LAW BO. I — ^ S y 7 A By-Law to provide for the protection againBt and prevent!or of trespass by ©attle and other domestic animals, the establishment of /ounds, the appointment of pound-keepers, the regulation of their dutier and the provision for fees and charges for their sarvio©3 on f a b r * * * ̂ Tndj?^ Beserve Ho. f-J in the Province of ’*• i 1. This by-law may be cited as the Pound By-Law. 2. In this by-law 4 (a) "animal" means a domestic animal and includes any ass, boar', bull, bullock, calf, cow, goat, heifer, horse, jackass, lamb, pule, ox, pig, ram, sheep, sow or stallion: * 00. "band" means the Band of Indiansj (c) "council" means the Council of the Bandj (d) "pound” means any enclosure kept on the reserve for the purpose of this by-law; (e) "pound-keeper" means any person appointed by the council for the purpose of this by-law; (f) "reserve" means * r/ Reserve Ho. _ ^ ; (g) "run at large" or "running at large" means an animal that is off the premises of its owner and is not under the immediate continuous and effective control of some person; (h) "Superintendent" means the Superintendent of the m c M Indian Agency .... 'hull.',
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(i) Words importing male persons includ .male personsj and (J) words in the singular include the pli il, and words in the plural include the singular. (1) The Council may appoint one or more pound-keepera for the reserve who shall hold office during the pleasure of the council. (2) Every pound-k m eeper shall keep a pound book which shall at all times he open to inspection of the ccincil or any member thereof. (3) A poynd book shall contain entries showing a description of all animals impounded, the date and time cf impoundment, the name and address of the impounder, the date and time the animals were redeemed or sold, a record of all fees and charges collected, and the name and address of the person to whom any animals were sold. A pound-keeper shall, upon his removal from office ox upon the acceptance of his resignation, deliver forthwith the pound book to the council or any member thereof. (1) A pound-keeper, at his own expense, shall (a) maintain a clean pound in good repair,, and (b) ^supply the impounded animal with sufficient and wholesome su sten'ance. • (2) No pound-keeper is liable for milking or allowing to be milked any cow or female goat while such cow or female goat is impounded or for disposing cf the milk as he sees fit* No person shall perr.it ary animal owned by him to run at large on ine reserve. Any person may (a) capture an animal running at large on the reserve, and (b) drive, lead, take or convey such animal to the nearest accessible pound *
f { 8. (1) The person impounding an animal shal rovido the pound-keeper at the time of the impoundment with (a) a description of the animal, (b) the name of the owner of the animal, if known, and (c) the description of the location where the animal was found. (2) Before releasing.the animal to the owner, the pound-ke9pei may demand and is entitled to receive (a) all lawful fees and charges provided in the attached schedule for the keep of the animal, and (b) all lawful fees and charges 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 subsection (2) to the person entitled thereto. 9. (1) If the owner of an impounded animal is known to the pound-keeper, the pound-keeper shall cause a notice of impoundment in the form set out in the attached schedule to be delivered forthwith to the owner at his place of residence. (2) If the-'xesidence of the owner is situated more than ten miles from the pound or is for any reason not readily accessible, the notice may be sent by mail. (3) If the owner of the animal impounded is not known to ths pound-keeper the pound-keeper, within two days after the impounding of the animal shall (a) post a pound notice in the form set out in the attached schedule in at least three conspicuous places on or adjoining the reserve and 00 place 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 redeemod.
( '-f- ~ 10. ■(1) If the known c.:ner of an impounded animal does not redeem it (a) within three days after the delivering of the notice of impoundmeat or (b) within ten days after the mailing of the notice of impound ment, the pound-keeper shall post a notioe of sale in the form set out in the attached schedule in three conspicuous places on or adjoining the reserve. (2) On the day the notices are posted, the pound-keeper shall send by registered mail, to the owner of the impounded animal a copy of the notice of sale. (3) After the notices of sale have been posted for six days, the pound- keeper shall sell the impounded animal by puhlio auction in accordance with the provisions of this by-law. 11. (l) Where (a) the owner of an impounded animal is not known and the pound- • keeper has taken the necessary steps prescribed by this by-law to locate the owner, or (b) thb name of the owner is subsequently made known hut the impounded animal is not redeemed ,i;i accordance with the pound notice, A the pound-keeper shall sell the animal by public auction at the time and place mentioned in the advertisement and in the pound notice as posted. (2) No such animal shall be sold at a date earlier than fourteen days from the time of posting the pound notices. 12. (l) The sale of impounded animals shall take place between the hours of 9 o'clock in the forenoon and 3 o'clock in the afternoon, as may bo determined by the pound-keeper. (2) The time of sale of impounded animals shall be set up in all notice- of sale. 13. (l) The pound-keeper shall be the auctioneer at all sales of impounded animals. (2) The pound-keeper shall be entitled to receive a fee of 2-̂ percent of the amount realized from the sale of each animal. V
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( V { 14. (1) The proceeds frou the sale an impended animal sold under the provisions of this by-law on.- ; be applied (a) firstly, in payment of al * lawful fees and charges due to t pound-keeper, and 0 0 secondly, in payment of alj lawful fees and charges due to impounder. (2) The balance of the proceeds of the sale shall be paid forthwith (a) to the owner of the animal, i’ known, or (h) to the Superintendent, if the owner of the animal is not kn< (3) If the person who was the owner of the animal immediately prior to the sale makes application to the Superintendent within one mi from the date of the sale and produces evidence of title to the animal which, in the opinion of the Superintendent, is satisfacti any moneys forwarded to the Superintendent' from the sale of the animal shall he paid to such person. (4) If within one month of the date cf the sale no claim is made for the money sent to the Superintendent, the money shall thereupon 1 deposited to the funds of the hand and no claim shall thereafter ̂recognized. 15. Any-person who, (a) "destroys or damages or attempts to destroy or damage a pound, 0 0 interferes or attempts to interfere with a pound-keeper in the performance of his duties, (c) wilfully causes any animal to run at large on the reserve, or (4) rescues or attemps to rescue an animal from an impounder or fro . the pound, is guilty of an offence and liable on summary oonviction to a fine exceeding one hundred dollars or to imprisonment for a term not oxc: thirty days or to both fine and imprisonment. 16. A pound-keeper who (a) omits or neglects to keep books and make entries as required by this by-law or makes any incorrect or untrue entry in such book.; (b) fails to give any notice required by this act, (o) neglects to give a description to the best of hia ability of an impounded animal in any notices as required, or (d) fails to supply an impounded animal with sufficient and wholeavm - sustenance, «»
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is guilty of an offence and liable n summary conviction to a fine not; ;• exceeding thirty dollars or to impr ..ooment for a tern not exceeding ' ten days or to both fine and impxiri moment* Ho action lies against a pound-keeper where the pound-keeper has exercised the duties and rights imposed upon Man by this by-law. >
( ( S C E F. Tj PEES The. following and no othsr fees shall be charged: m 1. To the impounder: (1) For impounding each stallion, jackass or bull SlO.OO (2) For impounding each other animal .50 2. To the pound-keeper: (1) Fox receiving into pound each animal .50 (2) To provide care and sustenance for each animal for each day or fraction of a day such animal is impounded (a) for each stallion, jackass or bull .75 (b) for each other animal .30 (3) For notifying the owner of the impoundment where the owner is known .10 (4) For posting pound notices whore the owner is unknown 1<,00 (5) For advertising - the amount actually expended by him (6) For posting notices of sale 1.00 (7) For postage, exchange and money-order chargee or trans mission of the proceeds of the sale - the amount actually expended (8) For each mile necessarily travelled in the performance of his duties *10 3. A pound-keeper is entitled to remuneration for the care and sustenance of any animal for a period not exceeding twenty days which remuneration shall not exceed tue allowable charges for that class of animal set out in this schedule,, h i
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.