Contenu de la décision
- t\40»AJ* - # ÔL G U jt^jW ioO C A N A D A M I N I S T E R O F C I T I Z E N S H I P A N D I M M I G R A T I O N I HEREBY declare the following by-law made by the Council of the Cold Lake Band of Indians in the Province of Alberta, at a meeting held October 19, i960, to be in force: By-law No. 2 - 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 Cold Lake Indian Reserves Nos. 149» 149A and 149®» in the Province of Alberta.
JL The Council of the Cold Lake Band of Indians at a meeting held this nineteenth______ day of October_______ I960, makes the following by-law pursuant to paragraphs (e) and (r) of Section 80 of the Indian Act. By-law No. 2 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 poundkeepers, the regulation of their duties and the provision for fees and charges for their services on Cold Lake Indian Reserves Nos. 149, 149A and 149®, in the Province of Alberta. 1. This by-law may be oited as the Pound By-law. 2. In this by-law (a) "animal” means any pig, cattle, goat, horse, ass, mule, sheep, stallion, bull, ram or boar} (b) "band” means the Cold Lake Band of Indians} (c) "council” means the Council of the Band} (d) "owner" means a person owning an animal or the representative of such person} (e) "pound” means any enclosure kept on the reserve for the purposes of this by-law} (f) "poundkeeper" means any person appointed by the council for the purposes of this by-law} (g) "prescribed" means prescribed by the council} (h) "reserve" means Cold Lake Indian Reserves Nos. 149» 149A and 149® or any part thereof} (i) "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} (j) words importing male persons included female persons} and (k) words in the singular include the plural, and words in the plural include the singular. 3. (l) Subject to subsection 2, the running at large of any animal on the reserve is prohibited. (2) Where the owner of an animal is a member of the band he may allow such animal to run at large on the reserve at any time during the period commencing the first day of November and ending the thirtieth day of April. £ t -3 * • ' -* > * ■» O u I i l < - / i < > t - , ' 2 -.jù
4» (l) The council may appoint one or more poundkeepers for the reserve who shall hold office during the pleasure of the council. (2) Every poundkeeper shall keep a pound "book which shall at all times he open to inspection of the council or any member thereof. (3) A pound hook shall contain entries showing a description of all animals impounded, the date and time of impoundment, the name and address of the impounder, the damages claimed, if any, the date and time the animals were redeemed or sold, a record of all fees, charges and damages collected, and the name and address of the person to whom any animals were sold. 5. A poundkeeper 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. 6. (l) A poundkeeper, at his own expense, shall (a) maintain a clean pound in good repair, and (h) supply the impounded animal with sufficient and wholesome sustenance. (2) No poundkeeper is liable for milking or allowing to he milked any cow or female goat while such cow or female goat is impounded, or for disposing of the milk as he sees fit. 7. (l) Any person may (a) capture an animal running at large on the reserve contrary to the provisions of this by-law, and (h) drive, lead, take or convey such animal to the nearest accessible pound. (2) A poundkeeper shall not himself capture and impound any animal except an animal found upon his own premises. 8. (1) At any time before an animal is actually delivered to a poundkeeper, the owner of the captured animal is entitled to require the animal to be delivered up to him forthwith upon paying the amount claimed by way of damages to the person in possession of the animal. (2) If the owner and the impounder fail to agree as to the amount payable, the animal shall be delivered forthwith to a poundkeeper who shall impound the animal. 3
y - 3 -9» (l) The person impounding an animal shall provide the poundkéeper at the time of the impoundment with (a) a description of the animal, (b) the name of the owner of the animal, if known, (c) the description of the location where the animal was found, and (d) the amount of damages claimed, if any. (2) Before releasing the animal to the owner, the poundkeeper may demand and is entitled to receive (a) all lawful fees and charges provided in the attached schedule for the keep of the animal, (b) all lawful fees and charges provided in the attached schedule that may be due to the impounder, and (c) the moneys claimed for damages caused by the animal. (3) The poundkeeper shall upon receipt remit the moneys referred to in paragraphs (b) and (c) of subsection (2) to the person entitled thereto. 10. Where the owner of the animal and the impounder of the animal are unable to agree on the amount of the damages caused by the animal on or to the premises of the impounder, the matter shall be referred by the owner or impounder, or both, to the council who shall determine the question forthwith. 11. Notwithstanding anything to the contrary in this by-law the maximum amount of money that an impounder may claim and recover under this by-law from an owner for damages caused by the animals of such owner on or to the premises of the impounder is one hundred dollars. 12. (l) A poundkeeper shall retain any animal lodged in his pound until the damages for which it is impounded, the pound fees and charges and all lawful fees and charges due to the impounder are paid. (2) Where an owner has one or more animals impounded at the same time, he shall pay the pound fees and charges, the fees and charges due to the impounder and the damage claims in respect of all the impounded animals before he may have any animal released from the pound. 13. (l) If the owner of an impounded animal is known to the poundkeeper, the poundkeeper shall cause a notice of impoundment in the form prescribed 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. 4
- 4 -(3) If the owner of the animal impounded is not known to the poundkeeper, the poundkeeper, within two days after the impounding of the animal shall (a) post a pound notice in the form prescribed 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 advertise ment which shall contain a correct description of the animal and shall give the place and time of sale of the animal if not redeemed, 14* (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 poundkeeper. (2) The time of sale of impounded animals shall be set up in all notices of sale. 15. (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 impoundment, the poundkeeper shall post a notice of sale in the prescribed form in three conspicuous places on or adjoining the reserve. (2) On the day the notices are posted, the poundkeeper 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 poundkeeper shall sell the impounded animal by public auction in accordance with the provisions of this by-law. 16. (l) Where (a) the owner of an impounded animal is not known and the poundkeeper has taken the necessary steps prescribed by this by-law to locate the owner, 03* (b) the name of the owner is subsequently made known but the impounded animal is not redeemed in accordance with the notice of impoundment, the poundkeeper shall sell the animal by public auction at the time and place mentioned in the advertisement and in the notice of impoundment as posted. (2) No such animal shall be sold at a date earlier than fourteen days from the time of posting the notices of impoundment. 17. (l) The poundkeeper shall be the auctioneer at all sales of impounded animals. (2) The poundkeeper shall be entitled to receive a fee of 2g- per cent of the amount realized from the sale of an animal or the amount set out in the attached schedule in respect of the sale of the animal, whichever is the greater. 5
- 5 -18» (l) The poundkeeper shall sell only such animals as are necessary to realize sufficient moneys to satisfy the claims for damages, together with the fees and charges according to this hy-law, and the owner is thereupon entitled to have the remaining unsold animals released to him hy the poundkeeper. (2) If the owner is unknown, the poundkeeper shall sell all the animals impounded. 19» (l) The poundkeeper may place on any animal a reserve hid not exceeding the total amount of the fees and charges lawfully due under this hy-law, exclusive of any damage claim. (2) If no bidder presents himself at the sale within one hour from the time set for its commencement, or if no bids are received, the poundkeeper becomes the owner of the animal. (3) Notwithstanding anything in this by-law, where the poundkeeper becomes the owner of any animal pursuant to subsection (2) the finder of the animal shall not be entitled under this by-law to any remuneration, fees or charges with respect to such animal. 20. (l) 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, and (b) secondly, in payment of the damage claim, if any. (2) The balance of the proceeds of the sale, if any, shall be paid forthwith (a) to the owner of the animal, if known, or (b) to the Superintendent of the reserve, if the owner of the animal is not known. (3) Upon application being made to the Superintendent of the reserve by the owner of the animal within one month from the date of the sale and upon production of satisfactory evidence of title to the animal, any moneys forwarded to the Superintendent of the reserve from the sale of the animal shall be paid to the owner of the animal. (4) If within one month of the date of the sale no claim is made for the money sent to the Superintendent of the reserve, the moneys shall there upon be deposited to the funds of the band and no claim shall thereafter be recognized. 21. Any person who, (a) destroys or damages or attempts to destroy or damage a pound, (b) interferes or attempts to interfere with a poundkeeper in the performance of his duties, 6
- 6 -(c) wilfully causes any animal to trespass on cultivated land, any stack of hay, feed or grain, or (d) rescues or attempts 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. 22. A poundkeeper 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 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. 23. No action lies against a poundkeeper where the poundkeeper has exercised the duties and rights imposed upon him by this by-law. 24. Except where otherwise stated, nothing contained in this by-law shall be deemed to deprive a person of any action, right or remedy that he may otherwise have according to law. 25. The council may prescribe such forms as are required for the purposes of this by-law. 26. A by-law providing for the protection against and prevention of trespass by cattle and other domestic animals on Cold Lake Indian Reserves Nos. 149» 149A and 149B in the Province of Alberta, made by the Council of the Cold Lake Band of Indians at a meeting held the 6th January, 1955» pursuant to paragraphs (e) and (r) of Section 80 of the Indian Act is hereby revoked. ’ Councillor . Councillor i £ Ô C ftAfl L ' M P Councillor Councillor
S C H E D P L B PEES The following and no other fees shall he charged* 1. To the impounders (1) For impounding each stallion, hull, ram, male goat or hoar - #5.00 (2) For impounding each other animal — 1.00 2. To the poundkeeper: (l) To provide care and sustenance for each animal for each day or fraction of a day such animal is impounded: (a) for each stallion, hull, ram, male goat or hoar - 1.00 (h) for each other animal _ .50 (2) For notifying the owner of the impoundment where the owner is known - .50 (3) For posting notices of impoundment where the owner is unknown — . 70 (4) For advertising - the amount actually expended hy him -(5) For posting notices of sale - .70 (6) For postage, exchange and money-order charges or trans mission of the proceeds of the sale - the amount actually expended -(7) For each mile necessarily travelled in the performance of his duties - .10 (8) For the sale of each (a) -(h) (c) (d) (e) 3# A poundkeeper is entitled to remuneration for the care and sustenance of any animal for a period not exceeding twenty days which rémunération 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 ___________________ Date _________ ____________ 19 . TO:______________________ Address (name of owner) Notice is hereby given under subsection (l) of section 13 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 Cold Lake Indian Reserve Noi __________on the_____________day of__________19 . (Signature of Poundkeeper) (Prescribed by the Council of the Cold Lake Band of Indians.) POUND NOTICE (where owner is unknown) TO WHOM IT MAY CONCERN Notice is hereby given under subsection (3) of section 13 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 Cold Lake Indian Reserve No.____on the______________day of__________19 , and will be sold at the pound at ____ ____ on the________________day of______________19 » if not redeemed. (time) (Signature of Poundkeeper) (Prescribed by the Council of the Cold Lake Band of Indians.)
I POUND SALS NOTICE v Notice is hereby given under section 15 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 Cold Lake Indian Reserve No.______on t h e ________ day of_______________19 , and will be sold at the pound at on the__________day (time) of_______________19 , if not redeemed. (Signature of Poundkeeper) (Prescribed by the Council of the Cold Lake Band of Indians.)
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION INDIAN AFFAIRS BRANCH BAND COUNCIL RESOLUTION NOTE: The word» "From our Band Funds” must appear in all resolutions requesting expenditures from Band Fund». The Council of the........................................... t a k e .................... ...................................,..................mnd „f . Saddl ( e N ................................( i ü î ï i S Ô ..............................Indi“ A8ency’ in the Province of............................A lberta ...........:...... (Name of Province in full) this.... ........................................................day of.... Q û .to .tter ...............A .D . 19 ...6 Q. .. (In Full) (Month) DO Heeeby resolve: that by-law No. / be ca n ce lle d as i t i s being replaced by the new pound by-law , No. iL (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR HEADQUARTERS USE ONLY 1. TRUST 2. CURRENT BALANCES ACCT A. Capital B. Revenue $ $ 6. Recommended * Date Superintendent, Reserves and Trusts IA5-7 am -̂ e a of k B e and) .at a meeting, held at.% rl̂ e) (Councillor) (Councillor) 3. Expenditure 4. Authority S. Source of Funds Indian Act Sec. | | Capital Q Revenue $ 7. Approved Date Director, Indian Affairs t* . « - V . .
^
^
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.