Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Ths Council of the Saddle Lake Band of Indians, at a meeting held at -c::e Agency Office, St. Paul, Alberta, on the second day of December, 1959, makes the following by-law pursuant to paragraph (e) and paragraph (r) of Section 80 of The Indian Act, By-law ?'o. .3 A by-law for the protection against and prevention of trespass by cattle and other domestic animals, the control of unregistered bulls owned by Band members, the establishment of a pound, the appointment of a poundkeeper, the regulation of his duties and provision for fees, charges, damages, etc. made by the Council of the Saddle Lake Band of Indians in the Province of Alberta pursuant to the authority of paragraph (e) of Section SO o f The Indian Act. 1. No person, other than a member of the Band shall permit any ass, boar, bullock, calf, cow, goat, horse, jackass, lamb, mule ox, pig, ram, sheep, sow or stallion owned by him or reputed to be in his care or possession, toron at large on any part of the SADDLE LAKE AND GOODFISH LAKE RESERVES, in the Province of Alberta, and any such animal found at large on the said Reserves shall be liable to be impounded as hereinafter provided. 2. That no uncastrated bull ox over nine months old which is not registered as a purebred of its breed and owned by a member of the Saddle Lake Band of Indians shall be loose outside of a barn or corral unless under the proper control of a herdsman on the Saddle Lake or Goodfish Lake Reserves. Any such animal found at large on the Saddle Lake or Goodfish Lake Reserves shall be liable to immediate impounding as hereinafter provided. 3* The Council shall appoint one poundkeeper for the Saddle lake ^ Reserve and one poundkeeper for the Goodfish Lake Reserve to serve at the pleasure I of the Council and he shall operate the pound as hereinafter provided. | A. The Poundkeeper shall keep a book in which he shall record a description of al 1 animals impounded, with the date and time of impoundment, damage claimed, if any, and date and time redeemed or sold and a record of the disposal of the proceeds. 5, Anyone finding any animal or animals running at large on the Saddle Lake Reserve or Goodfish Lake Reserve contrary to the provisions of Sections 1 and 2 may deliver same to the pound whether the name and address of the owner or ! person unpointed by the o\mer to care for such animals shall be known or not and for so delivering such animals, shall be entitled to remuneration as follows: (a) For the delivery of each entire male animal.... ......... $ 5.00 (b) For the delivery of every other animal 1.00 6. The poundkeeper shall within two days after the impounding of any animal or animals post a notice describing the animals and the location of th9 pound in which they are impounded in at least three conspicuous places on or adjoining the said Reserves and may advertise the same in two successive issues of the St. Paul Journal. If the owner or the person appointed by the owner to have charge of the animal is known the poundkeeper shall notify such owner by the delivery in person of a written notice or by a notice in the mail. 7, The owner or person having legal custody of any animal or animals impounded under this by-law may redeem such impounded animal or animals by the payment of delivery charges as listed in Section 5 and the pound fees and costs together with any damages as hereinafter provided. 3 r The following fees and costs shall be recovered by the poundkeeper together with fees as listed in Section 5 and any damages as hereinafter provided before the impounded animal or animals are released to the owner or a person duly appointed by the owner. (a) For the maintenance of every entire male animal for each day the animal is impounded ..........c...••*....» § 1.00 (b) For the maintenance of each other animal for each day the animal is impounded ..................... . 50
2 (c) For notifying the owner or person duly appointed by the owner to have charge of the animal or* animals for each impoundment, $ .50 (d) For posting notices in three conspicuous places describing the animals impounded, each notice to include all the animals impounded at one distress or seizure .. 2.00 (e) For posting notices of the sale of animals in at least three conspicuous places, each notice to include all animals impounded at one distress or seizure, 2*00 (f) For advertising in the St. Paul Jourral the impoundment of any animal or animals, the actual cost of the advert­ isement or advertisements. (g) For each mile necessarily travelled in the performance of his duty being the most reasonable and shortest distance between the pound and the place at which the business must take place, ............................. ............ .10 (h) For selling the impounded animals 2-^ of the total, amount realized. 9* Any animal or animals impounded under Section 1 of this by-law shall be subject to the damages claimed by any bona fide member of the Saddle Lake Band of Indians up to but not exceeding $100.00 which sou shall be paid to the poundkeeper before the animal or animals are released unless the owner of the impounded animals can produce written and certified proof that the damages- i have already been paid to the claimant. Nothing in this sub-section shall indicate that if the claimant's claim for damages is in excess of $100.00 that the payment of the maximum of $100.00 is full and final settlement, of the claim. The claimant will still reserve the right to take, legal action to claim damages in excess of $100.00. i 10. It shall be an offence under this by-law for any owner or person appointed by the owner of impounded animal or animals to release them from the pounds on Saddle Lake or Goodfish Lake Reserves without paying all claims under Sectioxs 5, 8 and 9 of this by-law. Further that only the poundkeeper shall have the right to release the impounded animals. The releasing of impounded animals ! by the owner without the proper authority of the poundkeeper shall be subject C to a fine up to but not exceeding $100.00 and costs. 11. Any domestic animal held by a member of the Saddle Lake Band on the Saddle Lake or Goodfish Lake Reserves under proven crop share agreement shall be deemed to be the property of the rightful owner and not the Band member's under whose care they have been placed. i I 12. The Poundkeeper shall post notices within two days advertising i i a sale by public auction of the animal or animals impounded advising that the sale will be held unless the animals are redeemed within fourteen days of the date and time of impoundment. The notices shall clearly state the time, day and place of the sale. The sale shall be held at the pound in which the animals were impounded. Such notices shall be posted in at least three conspicuous places on or adjoining the said Reserves and it shall be optional to advertise in the local nevxspaper but such newspaper cost must be paid by the person redeeming the animals before they are released if such costs are incurred. The sale shall be conducted at 2.00 P.M. standard time of the day stated by a licensed auctioneer or the appointed poundkeeper. * 1 3 . The pxx>ceeds of any impounded animal or animals sold as provided by Section 12 shall* after deducting fees, charges and damages assessed if any as provided for by Sections 5, 8 and 9 le paid to the owner or person duly appointed by the owner, or if not claimed at the time of such sale shall be paid forthwith to the Superintendent of the Saddle Lake Indian Agency at St. Paul, ! Alberta, and any money so paid shall be paid to the owner of the animal or animals sold on satisfactory evidence being furnished as to the ownership and application thereto being made to the Superintendent within one month of the date of the sale. i
3 < 0 x.hen.ri2e such proceeds shall be placed to the credit of the Saddle Lake Band Fund. Upon the owner furnishing satisfactoiy evidence of ownership up one month after the date of the sale of the animals so sold he shall have the right to redeem the animal or animals within the said period, providing he pa.y3 the purchase price, transportation charges and cost of feed and care for the period the animals have been in the purchasers possession. t »
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