The Stray Animals Act

Transcription

1 The Stray Animals Act being Chapter 185 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation ANIMALS RUNNING AT LARGE 3 Animals may run at large PART I Affecting Rural Municipalities 4 Bylaw restricting grazing on unfenced lands / Bylaw restraining animals running at large 5 Referendum of electors 6 Power to alter period of prohibition 7 Bylaw effecting owner s residence to govern 8 Animals may run at large in adjoining municipality 9 Situation of pounds and appointment of poundkeepers 10 Pounds for restricted area municipalities 11 Responsibility of municipality for poundkeepers 12 Licensing herders PART II Affecting Unorganized Areas CREATION OF HERD DISTRICTS AND CLOSED AREAS 13 Procedure 14 Closed areas 15 Extension of herding period 16 Appointment of poundkeepers 17 Effect of publication of notice of appointment PART III The Distraining and Impounding of Animals 18 When animals may be distrained 19 Temporary impounding 20 Impounding 21 Release of animal before impounding 22 Animal placed in authorized pound 34 Auctioneer and time and place of sale 35 Purchase by poundkeeper prohibited 36 Power of council to bid 37 When animal may not be sold 38 Destruction of unclaimed animals 39 Poundkeeper need not be licensed as auctioneer 40 Right of owner to repossess animal PROCEEDS OF SALE 41 Disposal of proceeds of sale 42 Owner s claim to net proceeds COMPLAINTS OF OWNER 43 Complaint to justice 44 Hearings of complaints and disposal thereof OFFENCES AND PENALTIES 45 Offences by poundkeeper 46 Burden of proof on poundkeeper 47 Other offences FEES 48 Fees to proprietors and poundkeepers PART V Disposal of Other Estray Animals 49 Application of Part PROCEDURE 50 Where owner is known 51 Where owner is not known 52 Finder of animal provides sustenance 53 Recovery of animal on tender of expenses 54 Settlement of disputes as to expenses 55 Sale of animal where owner known 56 Sale where owner unknown 57 Information furnished to minister by finder 58 Payment of proceeds 59 Finder attends sale with animal PART VI Pounds and Poundkeepers DUTIES OF POUNDKEEPERS 23 Pound book 24 Care of pounds 25 Returns PAYMENT OF CHARGES ON IMPOUNDING ANIMALS 26 Charges payable to poundkeeper 27 Poundkeeper detains all animals impounded 28 Declaration of owner before delivery NOTICE OF IMPOUNDING 29 Notice by poundkeeper when owner known 30 Notice where owner unknown 31 Notice posted at pound SALE OF IMPOUNDED ANIMALS 32 Sale where owner known 33 Sale where owner unknown FEES 60 Fees to justice and finder OFFENCES AND PENALTIES 61 Offences and penalties PART VI Lawful Fences and Trespass 62 Lawful fences defined 63 Fences around crops 64 Fences around stacks 65 Owner of animal to compensate proprietor 66 No damages in absence of lawful fence PART VII General STALLIONS, BULLS, BOARS AND RAMS 67 Prohibitions INFECTED HERDS 68 Blackleg 69 Lumpjaw

3 CHAPTER 185 An Act respecting the Restraining of Animals Running at large SHORT TITLE Short title 1 This Act may be cited as The Stray Animals Act. R.S.S. 1930, c.149, s.1; R.S.S. 1940, c.185, s.1. INTERPRETATION Interpretation 2 In this Act, unless the context otherwise requires, the expression: Animal 1. Animal, animals or head of stock means any head of cattle, horses, sheep, goats or swine; Council 2. Council means the council of a rural municipality; Department 3. Department means the Department of Agriculture; Distrainor 4. Distrainor means a person seizing or distraining an estray or an animal unlawfully running at large; Estray 5. Estray means an animal which while lawfully running at large has strayed from its accustomed forage ground or has joined a band, herd or flock other than that of its owner from which it cannot be driven away, or an animal which has broken into premises inclosed by a lawful fence; Finder 6. Finder means a person who finds that he has an estray on his premises or in his band, herd or flock, or who seizes or confines any stallion or bull under this Act; Horse 7. Horse includes ass or mule; Justice 8. Justice means a justice of the peace; Minister 9. Minister means the Minister of Agriculture; Municipality, restricted area municipality 10. Municipality means a rural municipality established under the provisions of The Rural Municipality Act, and restricted area municipality means a municipality which is a part of a restricted area under regulations of the Federal Department of Agriculture; Owner 11. Owner means a person owning an animal or the representative of such person;

4 4 c. 185 STRAY ANIMALS Poundkeeper 12. Poundkeeper means the person for the time being in the authorized charge of a pound, and includes any person appointed in writing by the poundkeeper to act for him in his absence; Property 13. Property means any cultivated land or any crop or stack of grain or hay; Proprietor 14. Proprietor means the owner of any cultivated land or crop or stack of grain or hay, or the person having a permit or licence to cut hay, or a superintendent, overseer, tenant, servant, or other person acting for or on behalf of such owner or person; Running at large 15. Run at large or running at large means not being under control of the owner either by being securely tethered or in direct and continuous charge of a herder or confined within a building or other inclosure or a fence whether the same is lawful or not with the authority of the occupant of the land inclosed thereby; Secretary 16. Secretary means the secretary or the secretary treasurer of a municipality; Treasurer 17. Treasurer means the treasurer or the secretary treasurer of a municipality. R.S.S. 1930, c.149, s.2; 1936, c.76, s.2; R.S.S. 1940, c.185, s.2. ANIMALS RUNNING AT LARGE Animals may run at large 3(1) Subject to the provisions of this Act it shall be lawful to allow animals to run at large in Saskatchewan, except in cities, towns and villages. (2) It shall not be lawful to allow swine to run at large in a local improvement district at any time. R.S.S. 1930, c.149, s.3; R.S.S. 1940, c.185, s.3. PART I Affecting Rural Municipalities Bylaw restricting grazing on unfenced lands 4(1) The council of a municipality may determine by bylaw the maximum number of each kind of animal which an owner may graze in the municipality on unfenced lands not owned or leased by him.

5 STRAY ANIMALS c Bylaw restraining animals running at large (2) The council of a municipality may, subject to the provisions of this Act, by bylaw define the portion of such municipality and determine the period of the year in which animals shall be restrained from running at large. (3) Such bylaw may be in the following form: BYLAW No. A bylaw of The Rural Municipality of No. respecting the restraining of animals from running at large. Under the authority and subject to the provisions of The Stray Animals Act the council of The Rural Municipality of No. enacts as follows: 1. Expressions used in this bylaw shall have the same meaning and interpretation as given to them by section 2 of The Stray Animals Act. 2. The following animals shall not be permitted to run at large within the areas herein described during the periods named respectively: (a) horses and cattle (here specify the area and period of prohibition, if any); (b) sheep (here specify the area and period of prohibition, if any); (c) swine (here specify the area and period of prohibition, if any). 3. Except as provided by bylaw of this municipality passed under the provisions of section 12 of The Stray Animals Act and amendments thereto, no animal, owned by a non-resident who does not own land in the municipality or who does not reside on land adjacent thereto in an adjoining municipality in which animals are not restrained from running at large, shall be permitted to graze on unfenced lands in this municipality whether under charge of a herder or not. Any such animal found so grazing shall be deemed to be unlawfully running at large. 4. A proprietor may distrain an animal unlawfully running at large or capture an estray animal and may dispose of the same as provided in The Stray Animals Act. Read a first time this day of 19. Read a second time this day of 19. Read a third time and finally passed at this day of Reeve. [SEAL]... Secretary treasurer. (4) No bylaw shall take effect until the fifteenth day after the passing thereof. (5) A certified copy of each bylaw shall be forwarded by the secretary treasurer to the department within fifteen days after the passing thereof. R.S.S. 1930, c.149, s.4; 1933, c.50, s.2; 1937, c.62, s.2; R.S.S. 1940, c.185, s.4.

6 6 c. 185 STRAY ANIMALS Referendum of electors 5(1) The council of a municipality shall, on petition of not less than forty resident ratepayers, submit to a referendum of the electors the bylaw mentioned in the form of petition under subsection (2) and the decision of the electors shall be binding upon the council. When a bylaw has been submitted to a referendum of the electors, no similar bylaw specifying the same area shall be submitted for a period of one year from the date when the vote was taken. (2) The petition shall be in the following form: To the Rural Municipality of No.. The undersigned resident ratepayers of the Rural Municipality of No., being desirous that the bylaw of this municipality respecting the restraining of animals running at large, as provided by section 4 of The Stray Animals Act, be expressed in the terms of the accompanying draft, do hereby request that you will submit to a referendum of the electors a bylaw in such terms, as provided in section 5 of The Stray Animals Act. (3) The proceedings shall be conducted in the same manner mutatis mutandis as is provided in The Rural Municipality Act for taking a poll of the electors for and against a bylaw authorizing the issue of debentures, but the bylaw shall require the assent of a majority only of electors voting thereon. (4) In case a draft bylaw applies only to a part of the municipality such part shall contain not less than thirty-six sections and the petitioners shall be resident ratepayers in that part of the municipality defined in the bylaw. The petition in such case shall be signed by at least fifty per cent. of those entitled to vote in the part of the municipality to which the proposed bylaw applies, and the poll shall be taken only in that part of the municipality. R.S.S. 1930, c.149, s.5; 1933, c.50, s.3; 1936, c.76, s.3; R.S.S. 1940, c.185, s.5. Power to alter period of prohibition 6(1) If the bylaw has not been passed as the result a referendum, the council of a municipality in which animals are restrained from running at large may by bylaw extend or shorten any period of prohibition specified in the restraining bylaw. (2) In case the bylaw has been passed as the result of a referendum, the council of a municipality in which animals are restrained from running at large may by bylaw extend or shorten such time by any period, not exceeding six weeks, during the months of September, October, November and December according to the progress that is being made with threshing operations, the condition of pastures, or for other like consideration. (3) No such amending bylaw shall take effect until the fifteenth day after the passing thereof, and the secretary shall forthwith cause notice of the change to be posted in each post office within the outer boundaries of the municipality and also inserted once in a weekly newspaper, if any, published within the outer boundaries, of the municipality. R.S.S. 1930, c.149, s.6; R.S.S. 1940, c.185, s.6.

7 STRAY ANIMALS c Bylaw effecting owner s residence to govern 7 An animal shall not be allowed to run at large in any municipality during the time such animal is by law restrained from running at large in the municipality in which the owner thereof resides; but if the owner is an elector in a municipality adjoining the one in which he resides any animal owned by him may, subject to any bylaw passed by the council of such adjoining municipality under authority of subsection (1) of section 4, run at large in such municipality during any period in which animals owned therein are permitted to run at large therein. 1933, c.50, s.4; R.S.S. 1940, c.185, s.7. Animals may run at large in adjoining municipality 8 Animals owned in a municipality in which they are allowed by law to run at large in an adjoining municipality in which animals are permitted to run at large, but subject to any bylaw passed by the council of such adjoining municipality under the authority of subsection (1) of section 4. R.S.S. 1930, c.149, s.8; R.S.S. 1940, c.185, s.8. Situation of pounds and appointment of poundkeepers 9(1) Every council shall by resohition determine the situation of such pounds, and appoint such poundkeepers, as may be necessary to provide reasonable facilities, in all parts of the municipality, for the impounding of estrays and animals unlawfully running at large. (2) Every poundkeeper so appointed shall hold office during the pleasure of the council. (3) The secretary shall cause to be published early in each year in such local newspapers as largely circulate among the ratepayers a list of the pounds, giving the situation of each, and poundkeepers, for the then current year, and shall in like manner publish throughout the year any alterations or additions which may be made in respect thereto. (4) A council shall not appoint as poundkeeper any person who is not in a position to discharge the duties imposed upon poundkeepers by section 24. (5) A pound to serve a municipality may be situated in a village, town or city lying within its outer boundaries. R.S.S. 1930, c.149, s.9; R.S.S. 1940, c.185, s.9. Pounds for restricted area municipalities 10(1) The council of a restricted area municipality may appoint one or more poundkeepers resident in an adjoining or adjacent municipality, who shall have the same powers with respect to the first mentioned municipality as if they were resident therein. (2) Notwithstanding the provisions of section 20, animals distrained in a restricted area municipality may be impounded with a poundkeeper appointed under this section. R.S.S. 1930, c.149, s.10; R.S.S. 1940, c.185, s.10.

8 8 c. 185 STRAY ANIMALS Responsibility of municipality for poundkeepers 11 Every municipality shall be responsible for the acts and negligence of its poundkeepers, or their agents, in the performance of their duties, and shall be liable for all loss and damage resulting therefrom. R.S.S. 1930, c.149, s.11; R.S.S. 1940, c.185, s.11. Licensing herders 12 The council of a municipality may make bylaws for licensing and controlling herders and determining the conditions under which they shall be permitted to herd animals within the municipality. R.S.S. 1930, c.149, s.12; 1937, c.62, s.3; R.S.S. 1940, c.185, s.12. PART II Affecting Unorganized Areas CREATION OF HERD DISTRICTS AND CLOSED AREAS Procedure 13(1) The minister may, by order published in The Saskatchewan Gazette, declare that any area described in such order, not within the limits of a city, town, village or rural municipality shall constitute a herd district, and thereafter by order, published in like manner, may enlarge the district by adding thereto any township or townships adjoining it, or adjoining the limits of any municipality in which stock is restrained from running at large, or may, by order published as aforesaid, cancel the order or orders constituting such district or any part thereof. (2) Before the addition or withdrawal of any township, the minister shall cause notice of intention to that effect to be published in the Gazette, and posted in at least one post office in each township affected, or if there is no post office in such township then in the post office nearest thereto, at least thirty days prior to the date at which such change is to take effect. (3) The notice shall be addressed to the postmaster at such post office inclosed in a registered cover, and the requirements of this Act respecting the posting of notices shall be held to be completed at the expiration of twenty-four hours after the first mail carrying the notice is scheduled to reach the post office to which the notice is directed. (4) At any time within thirty days after the notice is posted objection may be made to the minister by any proprietor within the proposed district to its addition to or its withdrawal from the herd district. (5) In the event of the majority of proprietors so objecting, the addition or withdrawal shall not be made, otherwise the proposal may be carried through as hereinbefore provided.

9 STRAY ANIMALS c (6) All objections shall be made and the facts and objectors signatures verified by accompanying statutory declaration, in the following form: PROPRIETORS DECLARATION OF OBJECTION. To the Honourable the Minister of Agriculture, Regina, Saskatchewan: We, the undersigned, proprietors within the meaning of The Stray Animals Act, in (here describe the area proposed to be withdrawn from, or constituted as a portion of, the herd district), hereby record our objection to the addition of the to (or, withdrawal of the said area from, as the case may be) the herd district. NAME LAND OWNED OR OCCUPIED Quarter Section Township Range West Meridian I, A.B., of (post office address) do solemnly declare: 1. That the total number of persons in the area described in the foregoing statement of objection, being proprietors within the meaning of The Stray Animals Act, is (here insert the total number of persons in the proposed herd district who are proprietors within the meaning of The Stray Animals Act); 2. That I was personally present and did see each of the (number of persons signing the statement) persons whose names are subscribed thereto sign the said statement; 3. That each of said (number of persons signing the statement) persons is a proprietor within the meaning of The Stray Animals Act, of land within the area described; 4. That each person signing the said statement before so doing was cognizant of the contents thereof; And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act. Declared before me at this day... of,19. (Signature of person making declaration)... (Signature of person administering declaration.) R.S.S. 1930, c.149, s.13; R.S.S. 1940, c.185, s.13. Closed areas 14(1) The minister may, by order published in the Gazette, declare any area not within the limits of a city, town, village or rural municipality to be a closed area and may specify in such order the period during which it shall remain in force.

10 10 c. 185 STRAY ANIMALS (2) The minister may also by order published in like manner enlarge an area by adding thereto any township or townships adjoining it or adjoining the limits of any municipality in which the grazing or running at large of animals is prohibited, or may by order, published in like manner, reduce any closed area. (3) No animal shall be allowed to graze or run at large on unfenced land in a closed area other than on land owned by the actual owner of the animal; provided that this subsection shall not apply to the following animals, namely: ten head of cattle or horses for every 160 acres of land owned within the closed area by the actual owner of the animals if he is a resident of the area. (4) For the purpose of this section a person shall be deemed to own land if he holds the same in freehold or under a lease for one year or more, or occupies the same under an agreement for sale or by virtue of a homestead entry. (5) The provisions of subsections (2) to (6) of section 13 shall apply mutatis mutandis to closed areas. 1936, c.76, s.5; R.S.S. 1940, c.185, s.14. Extension of herding period 15(1) The minister upon being applied to may, by order published in the Gazette and in such newspapers as he determines, declare a period during which animals may not be allowed to run at large in any part of the herd district described in such order. (2) Any such order shall have the effect of establishing, in the area so described, the period during which a proprietor may distrain any animal under the provisions of clause (b) of section 18. R.S.S. 1930, c.149, s.14; 1937, c.62, s.4; R.S.S. 1940, c.185, s.15. Appointment of poundkeepers 16(1) The minister may appoint such poundkeepers in the district as he deems necessary. Notice of every appointment shall be published in the Gazette and in such newspapers as he determines and shall specify the name and post office address of each poundkeeper and the situation of each pound. (2) All poundkeepers so appointed shall continue in office during the pleasure of the minister. R.S.S. 1930, c.149, s.15; R.S.S. 1940, c.185, s.16. Effect of publication of notice of appointment 17 The publication in the Gazette of a notice of the appointment or removal of a poundkeeper, or the establishment or abolition of a pound, shall be evidence that such poundkeeper or pound has been legally appointed, removed, established or abolished, as the case may be. R.S.S. 1930, c.149, s.16; R.S.S. 1940, c.185, s.17.

11 STRAY ANIMALS c PART III The Distraining and Impounding of Animals When animals may be distrained 18 A proprietor may distrain any animal that is: (a) running at large in a municipality contrary to the provisions of this Act or of any bylaw of the municipality passed under these provisions; or (b) running at large in a herd district between the first day of May and the thirty-first day of October, both inclusive, in any year or running at large in a closed area contrary to an order of the minister issued under the authority of this Act; or (c) an estray. R.S.S. 1930, c.149, s.17; 1936, c.76, s.6; R.S.S. 1940, c.185, s.18. Temporary impounding 19(1) The distrainor of an animal may, if he knows who is the owner, temporarily impound in a convenient and suitable place, not more than two miles distant from the quarter section where distrained, and for not more than three days, any animal distrained under the provisions of section 18. (2) Such distrainor shall, within twenty-four hours after an impounding, deliver to the owner a statement in writing similar to that provided for in section 20, and shall feed and maintain such animal, and may at the end of such time deliver same, if not sooner released, to the keeper of the nearest accessible pound in the municipality in which the animal was distrained or in the herd district if distrained therein. (3) Such distrainor may make a charge for feeding and maintaining such animal, and for sending notice, not exceeding what might by law be paid to a poundkeeper, but shall be entitled to compensation only for damage done prior to the temporary impounding. R.S.S. 1930, c.149, s.18; R.S.S. 1940, c.185, s.19. Impounding 20(1) Subject to the provisions of section 10, the distrainor shall, forthwith after the expiry of the said three days, deliver the animal, if not sooner released, to the keeper of the nearest accessible pound in the municipality in which it was distrained or in the herd district if distrained therein, who shall impound the same and be responsible for the sustenance and safe keeping thereof while under his care: Provided that a poundkeeper shall not be obliged to impound or retain in his pound any animal which is the property of a person who is not a resident of the Dominion of Canada and is not a British subject; but he may do so at his discretion and in such event the provisions of subsection (6) of section 37 shall not apply. (2) The poundkeeper shall make and sign in duplicate a memorandum containing a description of the animal impounded and a statement of the place where it was distrained, the name of the owner, if known, the nature and extent of the damage, if any, the amount claimed for damages and the fees due to the distrainor. The memorandum shall also be countersigned by the distrainor who shall thereupon receive one of the copies.

12 12 c. 185 STRAY ANIMALS (3) The memorandum shall be in the following form: MEMORANDUM OF ANIMALS IMPOUNDED To Whom It May Concern: I have this day of,19, received from of for impoundment the following animals: Number of animals Class of animals and age Sex and colour Brief general description Marks and Brands, if any, probable weight, etc. Name and address of owner, if known Place where distrained...1/4 Sec...Tp... Range...W...Mer. Nature and extent of damage, if any Amount claimed as damages Fees claimed for distraining Signed... Signed... Distrainor Poundkeeper of...sec...tp...rge. R.S.S. 1930, c.149, s.19; 1933, c.50, s.5; R.S.S. 1940, c.185, s.20.

13 13 STRAY ANIMALS c. 185 Release of animal before impounding 21 If the owner of a distrained animal pays or tenders to the distrainor, before the same has been actually impounded, the charges for which such animal has then become liable, the distrainor or person having charge of such animal shall forthwith deliver up the same to the owner. R.S.S. 1930, c.149, s.20; R.S.S. 1940, c.185, s.21. Animal placed in authorized pound 22 A proprietor who impounds an animal in any pound or place not authorized by this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding $20, and shall forfeit all fees and expenses connected with the impounding. R.S.S. 1930, c.149, s.21; R.S.S. 1940, c.185, s.22. PART VI Pounds and Poundkeepers DUTIES OF POUNDKEEPERS Pound book 23(1) Every poundkeeper, whether appointed by the minister or by a council, shall keep a pound book in the form prescribed by the minister. All entries therein shall be made as soon as possible after the doing of the several things required to be entered therein, and no entry or alteration in or amendment of an entry shall be made after a dispute as to the subject matter of such entry has arisen. (2) The pound book and a copy of this Act, which the poundkeeper is hereby required to keep, shall at all reasonable times be open to the inspection of any justice or member of the Royal Canadian Mounted Police, free of charge, and of any other person upon payment of the sum of ten cents. (3) Every poundkeeper shall grant extracts from his pound book to any person requiring the same, upon payment of twenty-five cents for each extract not exceeding one hundred words, and the sum of ten cents for every subsequent folio of one hundred words or less. (4) Every poundkeeper shall, on his removal from office or on the acceptance of his resignation, deliver such pound book to the person who is appointed to receive it. R.S.S. 1930, c.149, s.22; R.S.S. 1940, c.185, s.23. Care of pounds 24(1) Every poundkeeper shall at his own cost keep the pound to which he is appointed clean, and in good repair, and shall supply the animals impounded therein with sufficient and wholesome sustenance, and provide for them such shelter as is commonly provided at the time for animals of similar age and class in the vicinity, and may send such animals out of his pound at fit times, and to fit places, for grazing or watering.

14 14 c. 185 STRAY ANIMALS (2) In no case shall a barbed wire corral be deemed to be a suitable pound, unless such corral contains an area of at least twenty acres. (3) The fence surrounding a corral or inclosure, other than a building, used as a pound shall consist of rails, boards, slabs, or of woven or smooth wire or barbed wire consisting of at least three strands of wire on posts not more than sixteen and a half feet apart, substantially erected and kept in a good state of repair so as to keep and prevent any animals impounded therein from escaping from such corral or inclosure while the same is used as a pound. R.S.S. 1930, c.149, s.23; 1936, c.76, s.7; R.S.S. 1940, c.185, s.24. Returns 25 Every poundkeeper shall make to the minister such return relating to the impounding of animals in his pound as may from time to time be required by him. R.S.S. 1930, c.149, s.24; R.S.S. 1940, c.185, s.25. PAYMENT OF CHARGES ON IMPOUNDING ANIMALS Charges payable to poundkeeper 26 All charges payable in respect of an impounded animal shall be payable in the first instance to the poundkeeper, who shall hold the same subject to the provisions of this Act for the person entitled thereto. R.S.S. 1930, c.149, s.25; R.S.S. 1940, c.185, s.26. Poundkeeper detains all animals impounded 27(1) Subject to the proviso to subsection (1) of section 20, every poundkeeper shall detain in his custody any animal lodged in his pound until the damages for which such animal was impounded and all lawful fees and charges are paid, or until he receives notice of the decision of the justice after hearing a complaint as provided for in section 44, or until he disposes of it as otherwise provided in this Act. (2) At any time prior to the sale of an impounded animal the owner thereof shall be entitled to obtain the animal upon payment of the damages for which it was impounded and all lawful fees and charges due to the poundkeeper at the date when payment is tendered to the poundkeeper. R.S.S. 1930, c.149, s.26; 1933, c.50, s.7; R.S.S. 1940, c.185, s.27.

15 15 STRAY ANIMALS c. 185 Declaration of owner before delivery 28 Before delivering an animal to a person claiming ownership, the poundkeeper may require from him a statutory declaration of ownership in the following form: I (full name, address and occupation) do solemnly declare that I am the owner of (description of animal) and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act. Declared before me at this day... of, A Commissioner, etc., (or as the case may be). R.S.S. 1930, c.149, s.27; R.S.S. 1940, c.185, s.28. NOTICE OF IMPOUNDING Notice by poundkeeper when owner known 29(1) If the owner of an impounded animal is known to the poundkeeper, the latter shall forthwith deliver or cause to be delivered to or at the place of residence of such owner a notice in the following form: To (name of owner or, if the owner is not known, The King s Printer) Notice is hereby given under the provisions of The Stray Animals Act that the following described animal was on this day impounded in the pound kept by the undersigned on 1/4 Sec. Tp. Rge. W. meridian Post office. DESCRIPTION Class of animal and age Sex and colour Brief general description. Marks and brands, if any. Probable weight, etc.... Signature of Poundkeeper. and such poundkeeper shall be entitled to receive such mileage rates for so doing as are provided therefor by section 48.

16 16 c. 185 STRAY ANIMALS (2) If the place of residence of the owner or his servant is situated more than ten miles from the pound or is for any reason not readily accessible the notice may be sent by post by registered mail to the address of the owner. R.S.S. 1930, c.149, s.28; R.S.S. 1940, c.185, s.29. Notice where owner unknown 30(1) If the animal impounded is a horse the poundkeeper, in case the owner is not known to him, shall at once forward to the King s Printer for insertion in the Gazette a notice in the form prescribed in subsection (1) of section 29, along with a fee of $2 for each animal impounded: Provided that the fees payable to the King s Printer in connection with each impoundment shall not exceed $5. (2) If the animal impounded is not a horse the poundkeeper shall advertise such animal in two consecutive issues of a newspaper circulating in the district, or in one issue of the Gazette, and the advertisement shall contain a true and correct description of the animal. (3) A poundkeeper appointed by a municipality shall transmit a copy of the notice or advertisement to the secretary treasurer of the municipality who shall post the same in his office. 1933, c.50, s.8; R.S.S. 1940, c.185, s.30. Notices posted at pound 31 Every poundkeeper shall in addition post a copy of every notice in a conspicuous place at his pound, and at the nearest post office, and shall use reasonable diligence to keep and maintain the notices during the whole of the time the animal is in his custody. R.S.S. 1930, c.149, s.30; R.S.S. 1940, c.185, s.31. SALE OF IMPOUNDED ANIMALS Sale where owner known 32(1) In case the owner of an impounded animal does not, within ten days after the mailing or three days after delivery of the notice mentioned in section 29, cause the release of such animal by payment of the lawful fees, mileage rates and claim for damages, the poundkeeper shall at once post notices of sale in three conspicuous places within the herd district or municipality, as the case may be, one of which shall be the post office nearest to the pound, and, after such notices have been posted for eight days, he shall sell the impounded animal by public auction in accordance with the provisions of section 34. (2) The poundkeeper shall, on the date of posting notices of sale, send a copy of the notice by registered letter to the owner of the impounded animal, and shall at the same time cause a notice of the sale to be published in a newspaper circulating in the district. R.S.S. 1930, c.149, s.31; R.S.S. 1940, c.185, s.32.

17 17 STRAY ANIMALS c. 185 Sale where owner unknown 33 Any animal not released from the pound within fourteen days after it has been advertised, as by section 30 required, shall be sold by public auction after notice of sale has been posted for eight days in three conspicuous places within the herd district or rural municipality, as the case may be, one of which places shall be the post office nearest the pound. The period during which notice of sale is posted may be either wholly or partly within the said period of fourteen days. R.S.S. 1930, c.149, s.32; 1933, c.50, s.9; R.S.S. 1940, c.185, s.33. Auctioneer and time and place of sale 34 The poundkeeper shall be the auctioneer at all sales of impounded animals. Sales shall be held at the pound and shall commence at the hour of two o clock in the afternoon. R.S.S. 1930, c.149, s.33; R.S.S. 1940, c.185, s.34. Purchase by poundkeeper prohibited 35 It shall not be lawful for a poundkeeper or his agent to purchase or have any interest in the purchase of an animal at the sale. R.S.S. 1930, c.149, s.34; R.S.S. 1940, c.185, s.35. Power of council to bid 36 The council of a municipality may appoint a representative to bid upon, and purchase for it, any impounded animal offered for sale at a pound within the municipality, provided that such representative shall not have authority to bid in excess of the amount required to release the animal from pound. R.S.S. 1930, c.149, s.35; R.S.S. 1940, c.185, s.36. When animal may not be sold 37(1) If more animals than one are impounded on a distress the poundkeeper, if aware of the owner, shall sell such animals only as are necessary to realize sufficient to satisfy the claims for damages, expenses and fees chargeable against all the animals impounded, and the owner shall be entitled to those remaining unsold. (2) If the owner is unknown the poundkeeper shall sell all the animals impounded. (3) The poundkeeper shall, immediately after the sale, send to the department, or to the treasurer of the municipality, as the case may be, a description of the animal or animals sold, the date of sale, a statement of the amount realized and the disposition thereof. (4) If impounded animals, advertised for sale as provided in section 33, fail to sell or if the proceeds of sale are less than an amount equal to the costs of sale, the fees authorized by this Act and the damages claimed by the impounder, such costs, fees and damages, or the deficiency, may be collected by distraint upon the goods and chattels of the owner, if known, and the sale thereof upon the order of the treasurer or the minister.

18 18 c. 185 STRAY ANIMALS (5) Where goods and chattels are distrained under subsection (4) and the owner does not replevy the same within five days after distraint is made, and notice thereof, stating the cause of the distraint, is left at his dwelling house, then, after such distraint and notice and the expiration of the said five days, the person distraining may lawfully sell at public or private sale the goods and chattels distrained for the best price that can be obtained, and shall apply the proceeds of the sale toward satisfaction of the expenses of the distraint and sale and of the costs, fees and damages or the deficiency mentioned in subsection (4) and shall pay over the residue, if any, to the owner. (6) Where the proceeds of sale of an impounded animal are less than the poundkeeper s fees and the deficiency is not collected from the owner, the amount thereof shall be paid to the poundkeeper by the municipality or the department, and in the latter event the amount so paid shall be charged to the local improvement district trust account. (7) If no bidders are present within two hours from the time advertised for the holding of a poundkeeper s sale, any impounded animal advertised to be sold at such sale shall become the property of the municipality or the department upon the order of a justice to whom application may be made by the treasurer or the minister. (8) The justice before issuing such order shall ascertain that the sale proceedings were regular and that the animals were correctly described and advertised in accordance with the provisions of this Act, and for so doing he shall be entitled to payment of a fee of $2.50 by the municipality or the department. R.S.S. 1930, c.149, s.36; 1936, c.76, s.8; R.S.S. 1940, c.185, s.37. Destruction of unclaimed animals 38(1) A poundkeeper who has in his pound, unclaimed for five days, an animal which he considers to be valueless, the owner thereof being unknown to him, may apply to the secretary of the municipality or a councillor or, in the case of a local improvement district, to the minister for permission to destroy the animal. (2) Every application shall contain the information required to be given in a notice under section 29 and shall be supported by certificates (form A, schedule B) of the poundkeeper and a veterinary surgeon, if a veterinary surgeon resides or can be found within a reasonable distance, that they have personally inspected the impounded animal and that in their opinion it is valueless and should be destroyed forthwith. (3) If a veterinary surgeon does not so reside or cannot be so found, a certificate of the reeve or secretary and one other person or, in the case of a local improvement district, the certificate of a person nominated by the minister shall be accepted in lieu of the certificate of a veterinary surgeon. (4) Upon receipt of such application and certificates the secretary or the minister may grant a permit to the poundkeeper to have the animal destroyed. (5) A copy of the permit together with the application and certificates shall be kept in the office of the secretary or the minister for not less than twelve months after the date of the permit, and may be inspected by any person during office hours.

19 19 STRAY ANIMALS c. 185 (6) The expense of destroying the animal and of disposing of the carcass shall be paid by the municipality or, in the case of a local improvement district, by the department, and the council or the minister shall see that the animal is destroyed forthwith after the issue of the permit. (7) When an animal has been destroyed in accordance with the provisions of this section, no liability shall attach to any person concerned therein unless he has given a certificate containing a statement contrary to the facts. (8) The poundkeeper shall be entitled to fees for care and sustenance of an animal which has been so destroyed at the rate provided by bylaw of the municipality or order of the minister, but not for more than ten days in all. R.S.S. 1930, c.149, s.37; 1933, c.50, s.10; 1936, c.76, s.9; R.S.S. 1940, c.185, s.38. Poundkeeper need not be licensed as auctioneer 39 A poundkeeper making a sale under the provisions of this Act, shall not be liable to prosecution or to any penalty, for selling without a license as an auctioneer. R.S.S. 1930, c.149, s.38; R.S.S. 1940, c.185, s.39. Right of owner to repossess animal 40(1) The owner of an animal sold under this Part may within thirty days from date of sale recover it from the purchaser by furnishing proof of ownership and reimbursing the amount paid by the purchaser together with a bonus of ten per cent. of the purchase price. (2) During the said period of thirty days the purchaser shall not dispose of the animal, and he shall, upon proof of ownership and payment as aforesaid, deliver it to the owner. (3) Nothing contained in this section shall be deemed to confer upon the owner any right to recover damages in case the animal dies within the said period of thirty days. 1933, c.50, s.11; R.S.S. 1940, c.185, s.40. PROCEEDS OF SALE Disposal of proceeds of sale 41 The proceeds of the sale of an impounded animal sold under the provisions of this Act shall be applied first in payment of the costs and charges attending such sale, including fees and allowances to the poundkeeper; then, if any balance remains, in payment of the amount due to the distrainor for capturing and distraining and for the damage done; and the residue, if any, shall be paid to the owner of the animal, or, if not claimed at the time of sale by any person entitled thereto, to the minister, or to the treasurer of the municipality. 1933, c.50, s.12; R.S.S. 1940, c.185, s.41. Owner s claim to net proceeds 42 Money paid to the minister or to the treasurer under the provisions of section 41 shall be paid over to the owner of the animal sold, upon his furnishing evidence of ownership satisfactory to the minister or to the council, and upon application therefor to the minister or treasurer within twelve months from the date of the sale; otherwise such money shall fall into, and form part of the local improvement district trust account or the funds of the municipality, as the case may be. R.S.S. 1930, c.149, s.40; R.S.S. 1940, c.185, s.42.

20 20 c. 185 STRAY ANIMALS COMPLAINTS OF OWNER Complaint to justice 43(1) The owner of an impounded animal may, before it is disposed of as provided in this Act, give notice in writing to the poundkeeper that he intends to complain to a justice against the person impounding the animal; and upon receipt of such notice and on deposit with the poundkeeper of the amount claimed for damages, together with the pound and other authorized fees and charges, the poundkeeper shall release the animal, and shall retain such amount subject to the order of the justice as hereinafter provided. (2) The complaint may be upon one or both of the following grounds: (a) that the impounding was illegal; (b) that the damages claimed are excessive. (3) A justice shall not inquire into the complaint unless notice thereof has been given, as required by this section. R.S.S. 1930, c.149, s.41; 1933, c.50, s.13; R.S.S. 1940, c.185, s.43. Hearings of complaints and disposal thereof 44(1) Within ten days after giving the notice in section 43 mentioned the owner may lodge his complaint with a justice who shall thereupon institute the like proceedings as are authorized under Part XV of the Criminal Code for justices making orders for the payment of money; and, upon hearing the complaint, the justice may determine the matter or the complaint. (2) If the justice adjudges that the animal was illegally impounded he shall order that the animal, if not already released, be restored to the owner, or, if released, that the money deposited with the poundkeeper be repaid, and in either event shall order the distrainor to pay the costs of the proceedings and all fees to which the poundkeeper is lawfully entitled. (3) If the justice finds, on a complaint laid under clause (b) of subsection (2) of section 43, that the amount of damages sustained by the distrainor is less than the amount claimed he shall order the excess and the owner s costs of the proceedings to be paid to the owner by the poundkeeper out of the money paid in by the owner or to be paid by the distrainor, in so far as the amount paid in by the owner is insufficient. (4) If the justice adjudges that the animal impounded was legally impounded, or that the amount of damages sustained was not less than the amount claimed, he shall make an order for the payment forthwith of the amount claimed by the distrainor, and all pound and other authorized fees together with the costs of the proceedings; and in default of such payment the animal impounded shall be seized by the poundkeeper and sold and the proceeds applied as directed by this Act. R.S.S. 1930, c.149, s.42; R.S.S. 1940, c.185, s.44.

21 21 STRAY ANIMALS c. 185 OFFENCES AND PENALTIES Offences by poundkeeper 45 A poundkeeper who: (a) impounds or assists or incites or employs any person to impound an animal unless such animal was trespassing on the poundkeeper s own property; or (b) purchases in person or by his agent or has any interest of any kind in an animal sold by auction at a pound of which he is at the time of sale the poundkeeper; or (c) demands or receives a sum for pound notices, sustenance and other fees and charges not authorized by this Act; or (d) neglects to provide sustenance and proper shelter as provided for in section 24 for an animal, or works or uses the same in any manner while so impounded; or (e) omits or neglects to keep books and to make entries therein as required by this Act or makes any incorrect or untrue entry in such books; or (f) knowingly allows any animal affected with a contagious or infectious disease to be in the same inclosure with an impounded animal not so affected; or (g) fails to give any notice required by this Act; or (h) omits or neglects to comply with the provisions of sections 29 and 30, or, in sending notices provided for in those sections, neglects to give a description of the impounded animals which would enable the owner to identify them; or (i) does anything prohibited by this Act or neglects to do anything required by this Act to be done whereby damage is incurred by any person; shall, in addition to any civil liability which ie may incur by reason thereof, be guilty of an offence and liable on summary conviction to a fine not exceeding $100: Provided that no poundkeeper shall be liable for any fine for milking or allowing to be milked any cow while such cow is impounded or for impounding any stallion, bull, boar or ram unlawfully running at large. R.S.S. 1930, c.149, s.43; R.S.S. 1940, c.185, s.45. Burden of proof on poundkeeper 46(1) When a poundkeeper is charged with neglecting to provide sustenance or proper shelter for an animal impounded, the burden of proving that proper sustenance or shelter was provided for such animal shall be on the poundkeeper. (2) When a poundkeeper is charged with losing an impounded animal through negligence, if it is proved or admitted that such animal was impounded in the custody of the poundkeeper, it shall be deemed to have been lost through his negligence unless the poundkeeper proves the contrary. (3) If the poundkeeper proves to the satisfaction of a justice that an animal lost from the pound was not lost through his negligence and that the animal is back in the possession of the owner, the owner of the animal shall be deemed to be responsible for its release from the pound and liable for all fees and damages claimed against the impounded animal, and such fees and damages may be collected by distraint upon the goods and chattels of the owner, and sale thereof as provided in subsection (5) of section 37, upon an order of the justice. R.S.S. 1930, c.149, s.44; 1936, c.76, s.10; R.S.S. 1940, c.185, s.46.

22 22 c. 185 STRAY ANIMALS Other offences 47(1) Any person who: (a) destroys or injures or attempts to destroy or injure a pound; or (b) illegally impounds an animal; or (c) drives an animal upon cultivated land or to any stack or stook of grain or stack or coil of hay; or (d) causes or allows any horse or head of cattle belonging to another person, without the consent of such person, to be driven with his herd or band more than two miles from its grazing place; shall be guilty of an offence and liable on summary conviction to a fine not exceeding $100. (2) A person shall not be liable to the penalty imposed by subsection (1) if he finds it necessary to drive animals of another person a greater distance than two miles before he can separate them from his own animals and if he at once drives back the animals to the place from which he drove them. FEES R.S.S. 1930, c.149, s.45; 1940, c.83, s.1; R.S.S. 1940, c.185, s.47. Fees to proprietors and poundkeepers 48(1) The fees payable to proprietors and poundkeepers in connection with the impoundment of animals within a municipality may from time to time be prescribed by bylaw, and the fees so payable in connection with impoundments in other portions of the province may be prescribed by order of the minister. Every such bylaw and order shall be published in the Gazette, and shall take effect on a date to be stated therein. (2) Such fees shall not provide for reimbursements or services not specified in schedule A and if a bylaw is not passed or an order issued under subsection (1), the fees payable shall be those so specified. 1933, c.50, s.14; R.S.S. 1940, c.185, s.48. PART V Disposal of Other Estray Animals Application of Part 49 The provisions of this Part shall apply: (a) to unorganized portions of the province not included within the herd district; (b) to herd districts and to organized portions of the province in the event of a pound for any reason not being accessible or available. R.S.S. 1930, c.149, s.47; R.S.S. 1940, c.185, s.49.