Contenu de la décision
0 . Srpt. 15-52. \ BY-LAW FOR THE PROTECTION AGAINST AND PREVENTION OF TREEPASS BY CATTLE AND IpTHER DOMESTIC ANIMALS, THE ESTABLISHMENT OF A P0’TM>, THE APPOINTMENT OF A ^POUNDKEEPER, THE REGULATIONS OF HIS DUTIES AND THE PROVISION FOR FEES AND ICHARGHS FOR BIS SERVICES MADE BY THE COUNCIL OF THE MOHVKS, BAY OF QUINTE 3AND OF INDIANS, TYENDINAGA INDIAN RESERVE, IN THE PROVINCE OF ONTARIO, PURSUANT TO THE AUTHORITY OF PARAGRAPH (e) OF SECTION 80 OF THE INDIAN ACT. 1. (e) Nc p-.rson shall permit any ass, bosr, bull, bullock, calf, cow, colt, eve, filly, gelding, goat, heifer, jackass, lamb, care, mule, ox, pig, ran, sheep sow, stallion, or steer owned by him or reputed to be in his care or possess ion, to run at large on any part of the Tyendinega Indian Reserve in the Province of Ontario, and any such animal so found at large on the said Reserve shall be liable to be impounded as hereinafter provided. (b) .All bulls over the age of six months, and all stallions over the age of two years, shall be confined by a tether et all times. (c) When animals are taken into pasture at so much per head, then the owner of the pasture field shall be deemed, for the purpose of this by-law, to be in charge or have in his care, the said animals. However, when the owner of the animals leases a certain portion of lend, it shall be fully understood that the lessee assumes full responsibility for the care of his animals. 2. (a) A holder of a Certificate of Possession, a Certificate of Occupation, and any lessee, shall be deemed a temporary poundkeeper for the reserve, and such poundkeepers are empowered to distrain any animal found at large on the property under his care, and such poundkeepers shall supply sufficient feed and water to any animal impounded as provided by section h . (b) After holding an animal for forty-eight hours, temporary poundkeepers shall deliver such animal to a permanent . poundkeeper appointed by the Council of the Band. 3. The poundkeeper shall keep a record of ell animals impounded, with a description of such animals and any other pertinent information, the date of impounding, damage claimed (if sny), date redeemed or sold, and disposal of the proceeds. This record is to be forwarded to the Superintendent of the reserve as expeditiously as may be. k. Anyone finding any animal running at large on the reserve, contrary to the provisions of section 1 , may deliver the same to the pound, whether the name end address of the owner or reputed owner of such animal shall be known or not, and for so delivering same to his own pound or the permanent pound, shall be entitled to remuneration for each delivery as follows : Each bull or stallion ............... 12.00 Bach gelding,mare.colt or filly.......... 5̂ Bach cow, steer, heifer, or calf ...... .50 Bach boar ........................... .58 Bach sew or pig ................... ^0 Each ram ................ .1.00 Bach ev'e, lamb or sheep................ *4-0 Each other anpmel ......................50 5 * Temporary poundkeepers shall within twenty-four hours after impounding any animal, notify iivriting the owner or person reputed to have charge of the a ni reel or animals impounded. If the owner of the animal or animals is not known, and if the owner being known, does not redeem the impounded animals writ"in forty-eight hours, the temporary poundkeeper shall deliver the impounded animals tc the permanent poundkeeper. The
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2 permanent poundKeeper shall, within two days after impounding cf any animal, post a notice in at least three conspicuous placescftfc or adjoining the reserve, and inay advertise the same in two successive issues of the local newspaper (if any). If the owner or person reputed to have charge of the animal or animals is known, the pound- keeper shall notify such owner or person in writing. -he owner or any person having any animal in his care and possession may re-deer any impounded animal by providing proof of ownership to the poundkeeper and by the payment of fees end damages, as provided in section ?. The following fees and damages (if any) shall be recovered by the poundkeeper, together with the remuneration mentioned in section before releasing the impounded animal from the pound: (a) for receiving into pound each stallion, jackass or bull ................................................ $3.00 (b) f n, or receiving into pound each other animal ..... $2 .00 U b not core o tha: for th Tza intena: ion, jackass or bull 9 p rr day .75 or th8 ms int ana: • 50 fcr notifyir.5 th !vner or person reputed to nave cv. 3 r r oe of the- anisei or animals impounded . . . . • 50 or sc ver 1 i sing (g; ifor post--'ng noOtilices of animals impounded, each notice to include all animals impounded at one distress or seizure 1.00 (h) for pasting notices of sale, each notice to include all animals impounded at one distress or seizure . . 1.00 (i) for each mile necessarily travelled in performance of his duties ........................ . . . . . . . .09 (j) for selling impounded animals - y/o of the amount realized. (k) for damage cone by an animal at large - the amount of the actual damage assessed, which shall be paid to the rerson entitled thereto. When an animal has not for anv cattle or horse ment has been given as shall oe sold bl5y public auction after the notice cf such sale has been posit:.e?ad for fourteen days in three conspicuous places within reason&l o- disit;aannce of the said pound, and at such sale the poundkeepc or person chosen by him, shall be auctioneer, and such sale shall be held at the pound and shall commence at two o ’clock in the afternoon Standard Tire. The animal or animals shall be sold to the highest hen there is a dis mute ever the amount of :ges, the final decision iermev:evens cncsen :r:rr a panel of five be arooini by the land Council. Selection of the e shall be; one to re named by the owner of the animal, one by the person dis . j. c ^ . -— » < or claiming damages, and the third by the poundkeeper. T ■V'f' a 'l fence-viewers shall be at the rate of 9c per mile and cn the basis of the current daily ware paid on the reserve, tc be assessed against either o: ;oth nanties, b the f ncev: ; cr j. £> • U.S IToceeds cf any impounded amis sold as rrov: dv section c shell, after deducting fees, charges and damages assessed (if any) as provided by Sections *4, 7 and 8, be paid to the owner, or if not claimed at the time cf such sale, shall be paid fervith to the Indian Superintendent of the Agency of Tyendinaga Reserve, end any money so paid shall be returned tc the owner of the animal sold on satisfactory evidence being furnished as to ownership and application therefore beinm made to the Superintendent within three months from
3 the dgte of ssle; otherwise such proceeds shall be placed by the Superintendent to the credit of the Tohawks, Bay of Quinte Band Fund • 1 0 . Fowl shall not be impounded by complainant. The complainant shall call one of the fencevievers to view the trespassing birds and assess damages as provided in section 8. il. Animals found at large on road allowances or band property may be in-Domraed by the Reserve Constable or other Peace Officer. Approved : ju 'h g.-2^ (Ses) 27 S?px. /52 21 G e t. / ^ 2 -J 3C Dec. /65
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