Contenu de la décision
/ *The Council of the ,- ____ _ Band of Indians at a meeting l jld this jP day of FeJt 19J3§ make the following hy-law puxsua; t to paragraphs (e) and (r) of Section 80 of the Indian Act. I BY-LAW NO, \ I ! i A By-Law to provide for the protection against and prevention of trespass t By Cattle and other domestio animals, the establishment of ;/ounds, the i appointment of pound-keepers, the regulation of their duties and the i provision for fees and charges for their services on ^ 1 ' ’ 'r u Indian Beserve Bo. in the Province of 1 n-ric-I:. * i 1. This by-law may be cited as the Pound By-Law. i 2. In this hy-law » v (a) "animal*' means a domestic animal and inoludes any ass, boar, bull, bullock, calf, cow, goat, heifer, horse, Jackass, lamb, pule, oi, pig, ram, sheep, sow or stallion; 0>) "band" means the - * ’ 11__________ Band of Indians; (o) "oouncil" 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; ' • . T (f) •’reserve* means________________ Reserve No, t (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 some person; (h) "Superintendant" means the Superintendent of the - ,T -.4 cv.̂ ■ Indian Agency,_ _ _ _ _ _ ,--- f\ -ll'. \ ' i
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•£ 4* • - 2 - • (i) Words importing male persons include : ..male personaj and 1 (j) words in the singular include the pic »1, and words in the plural include the singular. (1) 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 poynd book shall contain entries showing a description of all animals impounded, the date and time cf impoundment, the name and address of the impounder, the date and time the animals were redeemed or sold, a record of all fees and oharges collected, and the name and address of the person to whom any animals were sold. A pound-keeper shall, upon his removal from office or upon the acceptance of his resignation, deliver forthwith the pound hook to the council or any member thereof. (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 cf the milk as he see6 fit. No person shall permit any animal owned by him to run at large on tne reserve. 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 shal. 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 (o) 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 attaohed 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) poet a pound notice in the form set out in the attached schedule in at least three conspicuous places on or adjoining the reserve and 0 0 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.
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 impound ment, the pound-keeper shall post a notioe of sale in the form set out in the attached schedule in three conspiouous 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 hy puhlio a t uction in accordance with the provisions of this by-law. 11. (l) Where w (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 hut the impounded animal is net redeemed An accordance with the pound notice, the pound-keeper shall sell the animal hy puhlio auction at the time and place mentioned in the advertisement and in the pound notice as posted. (2) No such animal shall he 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 fclock in the forenoon and 3 ©•clock in the afternoon, as may be determined hy the pound-keeper. (2) The time of sale of impounded animals shall he set up in all notice., of sale. 13• (l) The pound-keeper shall he the auctioneer at all sales of impounded animals. (2) The pound-keeper shall he entitled to receive a fee of 2^ percent of the amount realized from the sale of each animalo . £ > H •«. /
14. (1) The proceeds from the 3ale c\ an icpcu^ded animal sold under the provisions of this by-law BIlo . 1 be applied (a) firstly, in payment of alt lawfu^ fees and charges due to tl: pound-keeper, and (b) secondly, in payment of all lawful fees and charges due to t impounder. (2) The balanoe of the proceeds of the sale shall be paid forthwith (a) to the owner of the animal, i* known, or (b) to the Superintendent, if the owner of the animal is not kno (3) If the person who was the owner of the animal immediately prior to the sale makes application to the Superintendent within one mo from the date of the sale and produces evidence of title to the animal which, in the opinion of the Superintendent, is satisfacto any moneys forwarded to the Superintendent from the sale of the animal shall he paid to suoh person. (4) If within one month of the date cf the sale no olaim is made for the money sent to the Superintendent, the money shall thereupon bi deposited to the funds of the band and no claim shall thereafter recognized. 15. 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 attomps to rescue an animal from an impounder or frc . the pound, is guilty of an offence and liable on summary oonviction to a fino > exceeding one hundred dollars or to imprisonment for a term not oxc thirty days or to both fine and imprisonment. 16. 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 book.. (b) fails to give any notice required by this act, (o) neglects to give a description to the best of bis ability of an impounded animal in any notices as required, or (d) fails to supply an impounded animal with sufficient and wholeav - sustenance, > J
V V<* If ■. . • • M - 6 - * is guilty of an offence and liable cn summary conviction to a fine not exceeding thirty dollars or to imprisonment for a term not exceeding i ' ten days or to both fine and imprisonment. > > 17* Bo notion lies against a pound-keeper where the pound-keeper has exercised the duties and rights imposed upon him by this by-law. ■ * . ' > ■V-&-* i . \C v * A * *
S C H E D U L E FEES The. following and no other fees shall he charged: 1. To the impounder: (1) For impounding each stallion, jackass or hull #10. 00 (2) For impounding each other animal .50 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 .75 (h) for each other animal .30 (3) For notifying the owner of the impoundment where the owner is known .10 (4) For posting pound notices whore the owner is unknown 1.00 (5) For advertising - the amount actually expended hy 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 expended (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 tee allowable charges for that class of animal set out in this schedule.
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