ïh® 0«uneil of tht Blood Boni of Indians at a mooting held « xd. 1958, makes the following by-law pursuant to paragraphs ( f ) and (r ) of Section 80 of tho Indian Aet. Br-Lsw Ho. 3 A by-law to prorido for the const ruction and maintenance of lino feneaa in tho Blood Indian Reserve, in tho Province of Alberta. 1« (1) indiens of tho Blood Indian Beeerve using or occupying land allocated to than for thair nso by tbo Blood Band Oounell, shall make, koep up and repair tba fonoing of thair allotments, and ahall also maintain a just proportion of the f onoo which narks ths boundary between than, or i f said f oneo io along a highway right-of-way for ldiieh they oust aecopt the responsibility. (2) A Blood Indian hawing boon allocated unoccupied land by tho Council *hloh adjoins oosupied land shall be liable to keep up and repair su eh proportion, and in that raapect shall ho in tho sans position as i f his land had bsen oeeupisd at ths tine of ths original fonoing, and rtiall bo liable to tho compulsory procoodinga hereinafter mentioned. 2, Where an Indian allocated land by the Council desires fence viewers to view and arbitrate as to shat portion of snob fence ho ahall neks, keep up and repair, or as to tho eendition of an existing lino fanes and as to repairs being done to tbo sane (a) Ho nay notify (form 1) tho adjoining locates that he w ill, on a day named, net lees than one week from the servies of sueh notice, cause throe feme viewers of tbo roaorvs to arbitrate in tho premises; (b) The Indian locates so notifying shall also notify (form 2) the fanes viewers not loss than one week before thair services are required; (e ) tho notices in both oases ahall be in writing signed by the person notifying, and shall epeeify tho tins and place of nesting fo r tho arbitration, and ths said notices nay be served by leaving ths aaao at the place of abode of tho Indian locates with com growa-up person residing thereat, or, In eaoo of tho land being untenanted, by leaving tho notice with any agent of sudh locates» 3» An occupant, who la not tho Indian allocated tho land by Council ahall immediately notify the proper locates and i f ho neglects so to do Shall bo liable for a ll damage eaased to tho allocates of sueh land» it. The fence viewers shall examine tho promises, and i f required by either party shall hoar evidence, and may examine the parties and their witnesses on oath. 5» (1) The fanes viewers shall make an award (fora 3) signed by any two of them respecting the matters in dispute and the award shall specify the locality, quantity, daseripticn and the lowest pries of ths fsnoe awarded to bo made and the tins within which the work ahall be dene, and ah&U state by which of tho parties or in what proportion tho ooets of the proceedings ahall be paid» (2) In making the award the fanes viewers diall have regard to tho nature of t ho fences in use in tho locality, tho pecuniary eireumstaneea of the parties and the suitableness of tho fanes to the want* o f each of thus (3) Whore, from tho formation of tho ground by reason of streams or other esnsos, i t is , in tho opinion of tho fence viewers, iapracticable to locate the fence upon the line between the lands of the parties, they may locate i t either wholly or partly on the land of either of tho parties Whsro i t seems to be most sonvoniont, but sueh location «ta ll not in any way affect tho rights of tho parties in ths land» (li) The fsnoe viewers may have tho locality described by metes and bounds»
- 2 -6* The award shall be deposited in the office of the S«ga rlntendant and nay ba proved by a eopy certified by tha Superint endent, and notice in writing of ita being made shall ba given by tha Superintendent to a ll portion interested. 7- (1) tha party desiring to enforce the award shall serve upon tha leeatee of tha adjoining land a notlea in writing requiring him ta obey tha award (fa n I»), and i f i t is not obeyed within twa weeks after aarvica af tha notice nay do tha work i&ich the award directs. (2) Tha party entitled ta anferee tha award nay obtain a eertifieate from tha Superintendent a f the ancrent dne with aaata in raspaat of aneh award and «hall ledge tha saw with tha Geuncil and i f tha ancrent doe with oaata is not paid within thirty dayet auah amount shall be a charge againat tha laid liable for tha payment theraaf. 8. (1) Any per acre diaaatiaflad with the award my appeal therefrom to tha Council. (2) Tha person appealing shall within one week from tha tine when ha was notified of the award, serve upon tha fanes viewers and a ll interested parties a notlea la writing of his intention to appeal nod the notlee nay be served as other notices Mentioned in this bylaw. (3) The per acre appealing shall also deliver a espy of the notice to the Superintendent «ha shall Innedlately notify tha Council af snah appeal and tha Connell shall fix a tine and place far the hearing of tha appeal, and i f tha Council thinks f i t nay ardor aneh sun af money to ba paid by tha per eon appealing to tha Blood Indian Agensy frost Account as w ill ba a sufficient indsanlty againat tha costa of tha appeal. (U) The Superintendent shall notify the fence viewers sod a ll parties interested af tha tine aad place of the hearing in the namer herein before provided far tha aarvica of other notices under this by-law. (5) Iha Council shall hear and detsraine the appeal and nay sat aside, alter or affirm tha award or correct any error therein, and nay examine tha partis a and their witnesses on oath, and nay inspect tha premises and nay order payment af tha aaata by either party and fix tha amount af such coats. (6) Tha decision of the Council shall ba final and the award, as altered or affirmed, shall be dealt with in a ll respects as i t would have bean i f it had not bam appealed from. 9. (1) Each fanes viewer shall ba entitled to tha currant rate efwge piid road labourere on tha reserve for every day’ s work under this bylaw, and a witness shall be entitled to the s am compensa tien. (2) Tha Council shall, at tha expiration af tha tins for appeal or after appeal aa the cum my be, by raaalatian neeomend the payment ; to tha fume viewers far their fees and shall, unless the suae ba / forthwith repaid by tha parson adjudged to pay the sane, place the earn aa a charge against tha property liable far tha payment thereof. 10. Any agreement in writing by aau Indian leeatee respecting a Una fence nay be filed with the Council of the Band and ssifcreed aa i f i t wam an award of tha fanes viewers. 11. The owner of whole or part of a line fanes which forma part of the fence enclosing tha oecupied or improved land of another person shall not take down or remove ary part of each fence,
3 V» without giving at least six months1 previous notice s f his intention to the Indian locates of such adjacent enclosure unless sash last mentioned locates* after demand made upon him in writing by the owner of such fence* refuses to pay therefor the mm determined as provided by section £, or (b) i f such Indian locates w ill pay to the owner of such fenee or part thereof such sum as the fence viewers may award to be paid therefor under section S, 12. (1) I f any tree is thrown down by aecident or otherwise across s line fenee or in any way in and upon the land adjoining that upon which such tree stood, causing damage to the crop upon sash land or to sueh fenee, the Indian locates on which said tree steed shell remove the same forthwith, and also forthwith repair the fenee and otherwise make good any damage caused by the falling of the tree* (2) On his negleot or refusal so to do for forty-eight hours after notice in writing to remove the tree the injured person may remove the same in the moat convenient and inexpensive manner, and may make good the fanes so damaged and may retain sum tree to remunerate him for aueh removal and may also recover any further amount of damages beyond the value of sueh tree from the person liable to pay i t as provided in subsection (2) of Section 7, (3) For the purpose of sum removal the owner of The tree may enter into and upon sum adjoining land doing no unnecessary spoil or waste. (k) A ll questions arising undsr this section shall be adjusted by three fenee viewers o f the reserve, the décision of any two of whom mall bo binding upon the parties* 13* Any person who violates the provisions of this by-law m all be guilty of an offence and shall be liable on summary conviction te a fias mot exceeding one hundred dollars or imprisonment for storm not oxeooding thirty days or both fine and imprisonment* \
m,'a 8hg ■Both .Aidas . Albert Many Fingers... . -, Jack Hind Bull U n ir H. R. W a i f COONCILLOR COONCILLOR COONCILLOR Harry Big Throat Jim White Bull COONCILLOR COONCILLOR COONCILLOR Pat Eagle Child Fred T. Feathers COONCILLOR COONCILLOR COONCILLOR Mike Eagle Speaker George Fox COONCILLCR COONCILLOR COUNCILLOR Stephen Fox Jr. Frank Red fi^ow COONCILLOR COONCILLOR COUNCILLOR \ \ \ )
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.