/ the Council of the ERMINESKIN , Band of Indians at a meeting held this --- “ T o — JLS , day of Ootjl5lT8r 19 __ô make the following by—law pursuant to ~"£>7paragraphs (e) and (r) of Section 80 of the Indian Act. /L<XAJUd&' u BY-LAW NO. ^ A By-Law to ̂provide for the protection against and prevention of trespass by cattle and other domestic animals, the establishment of pounds,,the appointment of pound-keepers, the regulation of their duties and the provision for fees and charges for their services on Ermlneskintndian Reserve Bo. 13#in the Province of Alberta , 1. This by-law may be cited as the Pound By-Law. 2. In this by-law (a) "animal" means a domestic animal and includes any ass, boar, *V 1 ' bull, bullock, calf, cow, goat, heifer, horse, jackass, lamb, mule, ox, pig, ram, sheep, sow or stallion; (b) "band** means the Ermineskin______ Band of Indians; (c) "council" means the Council of the Band; (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 Ermine skin Reserve Bo. 13& ; (g) "run at large" or "running at large" means an animal that i3 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 Hobbema ■ Indian Agonr-y, Hobbem^ Alberta
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- 2 -(1) Words importing male persons include female persons; and-(j) words in the singular include the plural, and words in the plural include the singular. 3. (l) 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 shall keep a pound book which shall at all times be open to inspection of the council or any member thereof. (3) A po^nd book 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 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. 4. A pound-keeper shall, upon his removal from office or upon the acceptance of his resignation, deliver forthwith the pound book to the council or any member thereof. 5. (l) 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 sustenance. (2) Ho 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 of the milk as he sees fit. 6. No person shall permit any animal owned by him to run at large on the reserve. 7. 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.
(1) The person impounding an animal shall provide 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—keeper 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. (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 residence 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 the 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 (b) 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 redeemed.
- 4 -10. (l) If the known owner of an impounded animal does not redeem it (a) within three days after the delivering of the notice of impoundment or (b) within ten days after the mailing of the notice of impound ment, the pound-keeper shall post a notice 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 public auction in i 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) the name of the owner is subsequently made known but the impounded animal is not redeemed in accordance with the pound notice, 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 be determined by the pound-keeper. (p) The time of sale of impounded animals shall be set up in all notices 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.
(1) The proceeds from the sale of an impounded animal sold under the provisions of this by-law shall he applied (a) firstly, in payment of all lawful fees and charges due to the pound-keeper, and (b) secondly, in payment of all lawful fees and charges due to the impounder. (2) The balance of the proceeds of the sale shall be paid forthwith (a) to the owner of the animal, if known, or (b) to the Superintendent, if the owner of the animal is not known. (3) If the person who was the owner of the animal immediately prior to the sale makes application to the Superintendent within one month from the date of the sale and produces evidence of title to the animal which, in the opinion of the Superintendent, is satisfactory, any moneys forwarded to the Superintendent from the sale of the animal shall be paid to such person. (4) If within one month of the date of the sale no claim is made for the money sent to the Superintendent, the money shall thereupon be deposited to the funds of the band and no claim shall thereafter be recognized. 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 his duties, (c) wilfully causes any animal to run at large on the reserve, or (d) rescues or attemps to rescue an animal from an impounder or from the pound, is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding thirty days or to both fine and imprisonment. 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 books, (b) fails to give any notice required by this act, (c) neglects to give a description to the best of his ability of an impounded animal in any notices as required, or (d) fails to supply an impounded animal with sufficient and wholesome sustenance,
6 is guilty of an offence and liable on summary conviction to a fine not exceeding thirty dollars or to imprisonment for a term not exceeding ten days or to both fine and imprisonment. 17. No action lies against a pound-keeper where the pound-keeper has exercised the duties and rights imposed upon him by this by-law. 18. With the coming into force of this by-law ally other by-law previously made by the Council pursuant to Section 80 (e) of the Indian Act, shall cease to be in force. Chief:
S C H E D U L E FEES The following and no other fees shall be charged: 1. To the impounder : (1) For impounding each stallion, jackass or bull $10.00 (2) For impounding each other animal 2.00 2. To the pound-keeper: (1) For 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, from November 1 to April 30 $ 1.50 (b) for each stallion, jackass or bull, from May 1 to October 31 .75 (c) for each other animal from November 1 to April 30 $ 1.00 (d) for each other animal from May 1 to October 31 $ .50 (3) For notifying the owner of the impoundment where the owner is known $ .10 (4.) For posting pound notices where 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 charges or trans mission of the proceeds of the sale - the amount actually éxpended (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 the allowable charges for that class of animal set out in this schedule.
NOTICE OF IMPOUNDMENT (where owner is known) Post Office _ Pate_______ TO: ADDRESS (name of owner) Notice is hereby given under subsection (l) of section 9 of the Pound By-Law that a Class of animal, Colour, Brief general description, giving marks, probable age, and brand (if any) was impounded in the pound kept by the undersigned on Reserve No. ____ on the____ day o f ____________ 19 . (Signature of pound-keeper) POUND NOTICE (where owner is unknown) TO WHOM IT MAY CONCERN Notice is hereby given under subsection (3) of section 9 of the Pound By-Law that Class of animal Colour Brief description giving marks probable age, and brand (if any) was impounded in the pound kept by the undersigned on ____ Reserve No. ____ on the____ day of ________________ 19 » and will be sold at the pound a t _____(time) on the day of __________________ 19 , if not redeemed.
POUND SALE NOTICE Notice is hereby given under section 10 of the Pound By-law that Class of animal Colour Brief general description giving marks probable age, and brand (if any) was impounded in the pound kept by the undersigned on _______Reserve No. _____ on the______ day o f ______________ . 19 , and will be sold at the pound a t ___________ ____ _ ___________ on the________ i_ _ day of ___________________ (time) 19 , if not redeemed. (Signature of pound—keeper)
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.