The Council of the Bigstone Band of Indians at a meeting held this^<9 day of /)rUZO£t~ r 1987, make the following by-law pursuant to paragraphs (e) and (r) Section 81 of the Indian Act. BY-LAW NO. 1 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 Bigstone Cree Indian Reserve No. 166, A, B, C, D, Jean Baptiste Gambler #183 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, bull, bullock, calf, cow, goat, heifer, horse, jackass, lamb, mule, ox, pig, ram, sheep, sow, or stallion; (b) "band" means the Bigstone Cree Band of Indians; (c) "council" means tjie 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 Bigstone Cree Band Reserve No. 166, A, B, C, D, Jean Baptiste Gambler #183; (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 seme person; this would include all unfenced areas within the boundaries of the Bigstone Cree Indian reserve because all land belongs to the Bigstone Cree Band and is under the jurisdiction of the Bigstone Cree Band Council. (h) "band manager" means the Band Manager of the Bigstone Cree Indian Reserve No. 166, A, B, C, D, and Jean Baptiste Gambler #183; (i) "committee" means a committee appointed by Chief & Council for purpose of this by-law. 3. 1. The Council may appoint one or more pound-keepers for the reserve who shall hold office during the pleasure of the Council. - 1 -
3. 2. Every pound-keeper shall keep a pound book which shall at all times be open to inspection of the committee or member thereof. 3. A pound 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 Band Administration Office. 5. (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 sustenance. (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 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. 8. (1) The person impounding an animal shall provide the pound-keeper at the time of the impounded 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. - 2 -
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 cwner 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 knwon 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 reserves and (b) place in two successive issues of a local newspaper, if any, 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. 10. (1) 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 impoundment, 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 reserves. (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 accordance with the provisions of this by-law. 11. (1) 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. 3
(2) No such animal be sold at a date earlier than fourteen days from the tine of posting the pound notices. (1) The sale of impounded animals shall take place between the hours of 9:00 o'clock in the forenoon and 3 o'clock in the afternoon, as may be determined by the pound-keeper. (2) The time of sale of impounded animals shall be set up in all notices of sale. (1) The pound-keeper shall be the auctioneer at all sales of inpounded animals. (1) The proceeds from the sale of an impounded animal sold under the provisions of this by-law shall be 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 Administration Office, of the Bigs tone Cree Band, (b) and lastly to the owner of the animal, if known, or, (3) if the person who was the owner of the animal immediately prior to the sale makes application to the Bigstone Administration Office within one month from the date of the sale and produces evidence of title to the animal which, in the opinion of the Gommittee, is satisfactory, any moneys forwarded to the Bigstone Administration Office 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 Bigstone Administration Office, 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 attempts to rescue an animal from an impounder fran 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. 16. A pound-keeper who, (a) emits 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 By-law, (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, 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. Sections or portions in part or in whole of this by-law may be amended by the Bigstone Cree Band, Chief and Council.
NOTICE OF IMPOUNIMENT (where owner is known) POST OFFICE _________________________ DATE _____________________ 19 ADDRESS NOTICE IS HEREBY GIVEN UNDER SUBSECTION (1) 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 OF ___________ , 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 AT ______________ ON THE (tine) DAY OF ____________________ 19 ____, IF NOT REDEEMED. SIGNATURE OF POUND-KEEPER
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 OF ___________________ 19 ___, AND WILL BE SOLD AT THE POUND AT _____________________ ON THE _______ DAY OF _____________________ 19 , IF NOT REDEEMED. (SIGNATURE OF POUND-KEEPER)
S C H E D U L E THE FOLLOWING FEES OR COSTS OR ACTUAL COST TO THE POUND WHICHEVER ARE THE GREATER ARE RECOVERABLE FRCM THE OWNER OR AGENT OF THE OWNER. 1. TO THE IMPOUNDER: (a) FOR IMPOUNDING EACH STALLION, JACKASS OR BULL $ 7.00 (b) FOR IMPOUNDING EACH OTHER ANIMAL 5.00 TO THE POUND-KEEPER: (a) FOR RECEIVING INTO POUND EACH ANIMAL 1.00 (b) TO PROVIDE CARE AND SUSTENANCE FOR EACH ANIMAL FOR EACH DAY OR FRACTION OF A DAY EACH ANIMAL IS IMPOUNDED. 2.50 SOyMER 5.00 WINTER (C) FOR EACH STALLION, JACKASS OR BULL 2.50 SUMMER 5.00 WINTER (d) FOR EACH BOAR, RAM, GOAT, PIG OR SHEEP 2.50 SUMMER 5.00 WINTER (e) FOR NOTIFYING THE OWNER OF THE IMPOUNDMENT WHERE THE OWNER IS KNOWN - ACTUAL COST 2.00 (f) FOR POSTING POUND NOTICES WHERE THE OWNER IS UNKNOWN ACTUAL COST 1.00 PER POSTER (g) FOR ADVERTISING - THE AMOUNT ACTUALLY EXPENDED BY ACTUAL COST 1.00 PER POSTER (h) FOR POSTING NOTICES OF SALE - ACTUAL 1.00 PER POSTER (i) FOR POSTAGE, EXCHANGE AND MONEY ORDER CHARGES OR TRANSMISSION OF THE PROCEEDS OF THE SALE - THE AMOUNT ACTUALLY EXPENDED 1.50 (j) FOR EACH MILE NECESSARILY TRAVELLED IN THE PERFORMANCE OF HIS DUTIES .30 PER MILE 3. A POUND-KEEPER IS ENTITLED TO REMUNERATION FOR THE CARE AND SUSTENANCE OF ANY ANIMAL FOR A PERIOD NOT EXCEEDING TWENTY (20) DAYS WHICH REMUNERATION SHALL NOT EXCEED THE ALLOWABLE CHARGES FOR THAT CLASS OF ANIMAL SET OUT IN THIS SCHEDULE. 4. THESE RATES COULD BE AMENDED BY THE CHIEF & COUNCIL IF RECOMMENDED BY THE COMMITTEE. _ 9 _
CANADA PROVINCE OF _ f lu 3 / p r r A TO WIT i f#A rid s' & Ajcmssxstf/p (NAME) ( C A P A C I T Y ) ^ RESIDING AT J lE S M A x A l £ /)L& £KTA . MAKE OATH AND SWEAR THAT THE PAPER WRITING (TO) WHICH THIS AFFIDAVIT IS (ATTACHED) IS A TRUE COPY OF A DOCUMENT PRODUCED AND SHOWN TO ME AND PURPORTING TO BE THE ORIGINAL BY-LAW MADE PURSUANT g/GSTCAie' Ctf&Z TO THE INDIAN ACT AND SIGNED BY/MXM7 CZ>l)aJC(L_ AND DATED A(]<Z/)ST'J26. 19 g'7 THE SAID COPY HAVING BEEN COMPARED BY ME WITH THE SAID ORIGINAL DOCUMENT. ( SWORN TO BEFORE ME AT Jfo&nanL/Sy this t7 / * day of flu g t / s i , 19 7 7 COMMISSIONER OF OATHS IN AND FOR THE PROVINCE OF f l/ h ? t #4589. COMMISSIONER FOR THE TAKING OF OATHS AUTHORIZED UNDER SECTION 108 OF THE INDIAN ACT. - 8 -
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.