Bill 119 (Legislature 12, Session 1)

L12 S1 6787

Alberta — Bills

Bill No. 119 of 1953 A BILL TO PROVIDE FOR THE CONTROL OF STRAY ANIMALS IN IMPROVEMENT DISTRICTS NOTE This Bill enacts a new Act to be known as "The Improve ment Districts Stray Animals Act". It repeals and re places "The Domestic Animals (Unorganized Territory) Act", being

chapter 92 of the Revised Statutes of Alberta, 1942. The new A'ct applies only to improvement districts and is considerably shorter than the Act it replaces. It is divided into six Parts and contains two Schedules.

Part I deals with entire and mischievous animals. Such animals are prohibited from running at large, and the owner of such animal running at large is penalized. Such animal may be impounded by anyone, and may he disposed of pursuant to regulations.

Part II deals with the establishment and administration of pound districts, the duties of poundkeepers, and the im poundment of stray animals. It provides for the sale of impounded animals and the consequences thereof. Pro visions dealing with appeals from impoundment are found in this Part.

Part III deals with stray animals in areas where there is no pound. In this Part a "lawful fence" is defined and where an animal breaks through a lawful fence to enter premises the animal may be removed by its owner upon notification from the owner of the 'premises and upon pay ment to the owner of the premises, or the animal may be sold by a brand inspector after certain preliminary steps have been taken by the owner of the premises upon which the animal is found.

Part IV sets out provisions relating to the protection of animals from dogs.

Part V sets out the offences created by this Act and the penalties therefor.

Part VI deals with some miscellaneous matters, such as the making of necessary regulations by the Lieutenant Governor in Council to carry out the intent of this Act.

Schedule 1 sets out the forms required by the Act and

Schedule 2 is a

schedule of fees. This Bill ~comes into force on the first day of July, 1953. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 119 of 1953

An Act to Provide for the Control of Stray Animals in Improvement Districts ( Assented to ,1953) HER MAJESTY, by and with the advice and consent of the Legislative Assemb1y of the Province of Alberta, e'nacts as follows: 1. This Act may be cited as "The Improvement Districts Short .title Stray Animals Act". 2.

In this Act, unless the context otherwise requires, Interpreta-tion (a) "animal" means any horse, mule, ass, cattle, sheep, "animal" pig, goat, goose, turkey; (b) "animal running at large" or "running at large" ":;tnimal run means an animal whi'0h is off the premises of its r~~:e·,a~r owner and is not under the immediate continuous "running at large" and effective eontrol of some person; (c) "day" means a period of twenty-four hours com- "day" mencing at the time of impoundment; (d) "Department" means th~ Department of Agri- ~~l~rt culture; (e) (I) (g) (h) (i) (j) (k) "estray" means an animal found on the premises "estray" of a person other than its owner; "improvement district" means a part of the Prov- "improve- . t' I d d 0 0 0 lOt t ment Ince no Inc u e In a m unicipa I y or coun y; district" "justice" means a justic~ as defined in The Sum- "justice" mary Convictions Act; "Minister" means the Minister of Agriculture; "Minister" "00cupier" means the resident owner of land or a "occupier" tenant of land; "owner" means a person owning an animal or the "owner" representative of such person; "poundkeeper" includes a person appointed in ~~~~~;: writing by the poundkeeper to aet for him in his absence; (l) "entire animal" means, "entire animal" (

i) a stallion over the age of one year, or (ii) a bull over the age of nine months, or (iii) a ram, he-goat or boa~ over the age of five months;

"mischiev ous animal" Prohibition Offence Impound ment Regulations 2 (m) "mischievous animal" means (

i) a cross, dangerous, notoriously breachy or no toriously mischievous animal, and (ii) any sheep or hog.

PART I ENTIRE AND MISCHIEVOUS ANIMALS AT LARGE 3.

(1) The running at large of entire or mischievous animals in an improvement district is prohibited.

(2) If an entire or mis:chievous animal is running at large in an improvement district the owner of the animal is guilty of an offence and liable on

summary conviction to a fine not exceeding one hundred dollars.

(3) An entire or mischievous animal found running at large in a pound district within an improvement district may be impounded by any person and thereupon shall be deemed as an estray and dealt with aecordingly under this Act. 4.

(1) The Minister may make regulations directing the disposal of any or every stallion unlawfully running at large in an improvement district.

(2) In giving or carrying out such directions neither the Minister nor any person to whom any such direction is given shall be liable for any injury or damages caused thereby.

PART II POUND DISTRICTS ~p~~~~~~ 5.

(1) Application for the formation of a pound dis- tion of trict in an improvement district shall be made to the ~~~nd dist- Minister in Form A in

Schedule 1 and shall be accompanied by a declaration in Form B in

Schedule 1. ~;~ffc~ti~~ (2.) At least thirty days prior to the date of the order of the Lieutenant Governor in Council constituting a pound district, a notice of the application setting out the par ticulars contained in the appli~ation shall be (

a) published in The Alberta Gazette, and (

b) posted in two conspicuous places within the pro posed pound district. Objection to

(3) The pound district shall not be constituted if within ~f~~~t the thirty days after the notice is posted, objection is made by a majority of the occupiers of land within the proposed pound district in Form C in

Schedule 1 accompanied by a declaration in Form B in

Schedule 1. ( 4) If no obj ection is made within thirty days from the posting of the notice the proposed pound district may be constituted as provided by this Act.

3 6.

(1) The Lieutenant Governor in Council by order Order form may direct that a part of an improvement district not less ~~;trfc~und than the area of a township shall be a pound district.

(2) The order shall set out (

a) the classes of animals which are prohibited from running at large in the district, and (

b) the periods during which the prohibition is effec tive, and (

c) the date upon which the pound district shall be established.

(3) The order shall be published in The Alberta Gazette.

(4) A pound district so established is subject to the pro visions of this A~ct. '1. The Lieutenant Governor in Council by order pub- Boundaries Hshed in The Alberta Gazette may °d~ tptOUtnd IS res (

a) vary or alter the boundaries of any pound district established under this Act or abolish or discontinue the same, or (

b) change the period fixed in any previous order for the prohibiting of animals running at large, or (

c) add animals to or remove animals from the list of prohibited animals set out in an order. Appoinbnent and Duties olf Poundkeepers 8.

(1) The Minister may appoint one or more pound- Appoint keepers for a pound district, who shall hold office during the ~~~d- of pleasure of the Minister. keepers

(2) Notice of each appointment and of each cancellation N~tice of ap of appoinment shall be published in The Alberta Gazette, pomtment giving the name and address of the poundkeeper and the location of the pound. 9. When the appointment of a poundkeeper terminates, Termin~tion the termination shall operate as a discontinuance of the ~e~fPomt pound district until another poundkeeper is appointed. 10.

(1) Every poundkeeper shall keep a pound book in Pound book the form prescribed by the Minister.

(2) All entries therein shall be made promptly. Ent.ries in pound book

(3) No alteration of any entry shall be made after a dis pute as to the subject matter of such entry has arisen.

(4) The pound book and a copy of this Act shall at all Pound boo:k reasonable times be open to the inspector ~E:gtlJ~r m- (

a) of any justice, police magistrate, member of the Royal Canadian Mounted Police or a representative of the Minister, free of charge, and (

b) of any other person upon payment of the sum of twenty-five cents.

Disposition of Pound book Information for Minister Duties of pound keeper 4

(5) Upon his removal from office or upon the acceptance of his resignation, a poundkeeper shall deliver the pound book and all supplies to the person who is appointed by the Minister to receive them. 11. Each poundkeeper shall furnish such information as the Minister may require from time to time. 12.

(1) A poundkeeper at his own expense (

a) shall maintain a clean pound in good repair, and (

b) shall supply the impounded animals with sufficient and wholesome sustenance, and (

c) shall provide such shelter as is commonly provided in the vicinity for animals of similar age and class, and (

d) may graze or water impounded animals outside the confines of the pound.

(2) The fence surrounding a corral or an enclosure used Pound fence hI' f as a pound s a I consIst 0 (

a) rails, hoards, slabs, woven or smooth wire, or (

b) barbed wire consisting of at least three strands of wire on posts not more than sixteen and one-half feet apart, which shall he substantially built and kept in a good state of repair so as to prevent any animal im'pounded therein from escaping from the corral or enclosure while used as a pound. Barbed wire

(3) No barbed wire corral or enclosure shall be used as a enclosure pound unless it contains an area of at least twenty a,cres. Impounding of estrays Impounding by pound keeper Impounding animals of pound keeper Im.pounding Animals 13.

(1) Any person may (

a) capture an animal running at large in a pound dis trict or an estray which he finds upon his premises within such pound district, regardless of whether or not the land in question is fenced, and (

b) drive, lead, take or convey such animal to the near est accessible pound within the pound district to be impounded.

(2) A poundkeeper himself shall not 'capture and im pound any animal except an animal found upon his own pre:rpises.

(3) If an animal running at large or an estray belongs to a 'poundkeeper, an impounder may cause the animal to be impounded (

a) in the pound of the poundkeeper; or (

b) in the nearest a,ccessible pound other than that of the said poundkeeper,whether or not the pound is situate within the same pound district in which the animal is captured.

(4) A claim for damages arising under subsection (3) shall be dealt with as if the animal did not belong to a poundkeeper. 14.

(1) At any time before the animal is actually de- Rights of. livered to the poundkeeper the owner of a .captured animal g~un;Je~f Im shall be entitled to require the animal to be delivered up to animal him forthwith upon payment of 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 the poundkeeper, there to be dealt with in the ordinary way under this Act. 15.

(1) The person impounding an animal shall pro- Duties ?f vide the poundkeeper at the time of the impoundment with ~~~~ri;: (

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, (

d) the amount of damages claimed, if any.

(2) The poundkeeper shall impound the animal and shall Pound~ be responsible for the feeding and safekeeping thereof so ~~~~~fb1If:; long as he is legally bound to hold the animal.

(3) Before releasing the animal to the owner, the pound- Impound- keeper shall be entitled to receive ment fees (

a) all lawful fees and charges as provided for in

Schedule 2 for the keep of the animal, and (

b) the money claimed for damages caused by the animal. 16.

(1) A poundkeeper shall receive and shall detain ~ength of any animal lodged in his pound until ~~~und- (

a) the damages for which it is impounded and all law- ful fees and charges are paid, or (

b) until the order of a justice as hereinafter provided is received and complied with.

(2) A poundkeeper may deliver an impounded animal to Bond a person whom he may reasonably believe to be the owner thereof on receiving a bond in a sum fixed by the pound keeper and executed by two good and sufficient sureties for the payment of all damages, fees and charges payable under the provisions of this Act.

(3) Where an owner has one or more animals impounded at the same time he shall pay the pound fees and ,charges and the damage claims in respect of all the impounded animals before he may have any animal released from the pound. 1 "1.

(1) If the owner of an impounded animal is known ~otice dot h 11 t o Impoun- to the poundkeeper, the poundkeeper s a cause a no Ice ment

Mailing of notice Advertise ment of im pounding Branded animal Sale of im pounded animals Time of sale 6 in Form D in

Schedule 1 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. 18.

(1) If the owner of the animal is not known to the poundkeeper the poundkeeper shall, (

a) place an advertisement in one issue of the local newspaper, if there be one, which advertisement shall contain a correct description of the animal and shall give the place and time of sale of the animal if not redeemed; and (

b) post notices of the impoundment in Form E in

Schedule 1 in a conspicuous place at the pound and at two other places in the distri,ct, one of which must be in the town, village or hamlet nearest the pound.

(2) If the impounded animals bear a brand, the pound keeper shall com'plete a copy in Form F in

Schedule 1 and forward it immediately to the Recorder of Brands, De partment of Agriculture, at Edmonton.

(3) If the brand is registered, the Recorder of Brands shall notify the owner forthwith of the impoundment by registered mail. Sale of Impounded Animals 19.

(1) The sale 'of impounded animals shall take place at an hour of day between the hours of nine o'clock in the forenoon and three o'clock in the afternoon as may be de termined by the poundkeeper.

(2) The time of the sale of hnpounded animals shall be specified in all notices of sale. ~!~er k~~~n 20.

(1) If the known owner of an impounded animal does not redeem it Notice of sale (

a) within three days after the delivering of the notice of impoundment in Form D in

Schedule 1, or (

b) within ten days after the mailing of the notice of impoundment in Form D in

Schedule 1, the poundkeeper shall post notices of sale in Form G in Sch~dule 1 at three conspicuous pla,ces within the pound district, one of which places shall be at the pound.

(2) The poundkeeper shall send a copy of the notice of sale by registered mail to the' owner of the impounded animal on the day the notices are posted. fl~l~:!tig~b- ('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 Act.

7 21.

(1) Where Sale of animal (

a) the owner of an impounded animal is not known and the poundkeeper has taken the necessary steps prescribed by this Act to locate the owner, or (

b) the name of the owner is subsequently made known but the impounded animal is not redeemed in ac cordan,ce with the noti'ces 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 Time limit fourteen days from the time of 'posting the notices of im- for sale poundment. 22.

(1) The poundkeeper shall be the auctioneer at all Pound- sales of impounded animals. ~~~f~n~~r

(2) A poundkeeper making a sale under the provisions of Pound this Act shall not be liable to prosecution or to any penalty ~~~~:: ~~- for selling without a licence as an auctioneer. licence 23.

(1) The poundkeeper shall sell only such animals Release of as are n~cessary to realize sufficient moneys to satisfy the ~~r~I:IS claims for damages, together with the fees and charges ac- cording to

Schedule 2, and the owner thereupon shall be entitled to have the remaining unsold animals released to him by the poundkeeper.

(2) If the owner is unknown, the poundkeeper shall sell all the animals impounded. 24.

(1) The poundkeeper may place a reserve bid on Reserve bid an animal not exceeding the total amount of the fees and charges lawfully due under this Act, exclusive of any dam- age claim.

(2) Where the proceeds from the sale of an impounded rroci~ds animal are less than ten dollars, an amount equal to the t~~ do~~rs difference between the proceeds and ten dollars shall be paid by the Department to the poundkeeper. 25.

(1) If no bidder presents himself at the sale within Pound- one hour from the time set for its ,commencement, or if no ~~g~e may bids 'are received, the poundkeeper becomes the owner owner of the animal.

(2) Where a poundkeeper becomes the owner of an animal under subse:;ction (1) he shall be paid ten dollars in respect of that animal by the Department.

(3) The provisions of sections 26 and 27, the necessary changes being made, apply to the poundkeeper in such a case as if he were the purchaser of the animal. 26. When the poundkeeper sells an impounded horse. or Br~nding of head of cattle, he shall brand it on the left shoulder Im- am mal sold mediately after the sale with the round top A registered brand provided by the Department.

Retention . of a.nimal· by purchaser Vesting Jof ownership Right of action 8 27. ( 1 ) An animal other than a horse shall be retained by the purchaser for a period of thirty days.

(2) The owner of any animal other than a horse may re cover the animal from the purchaser within thirty days from the date of the sale by furnishing proof of owner ship and by reimbursing the purchaser by the amount paid by the purchaser, together with a bonus of ten per cent of the purchase price.

(3) A sale by a poundkeeper made in accordance with the provisions of this Act shall vest the ownership (

a) in the case of a horse, immediately in the purchaser, or (

b) in the case of an animal other than a horse, in the purchaser upon the expiration of thirty days from the date of sale, unless, the former owner of the animal redeems the animal prior to that date.

(4) No right of a·ction shall lie by the former owner of the animal if the animal dies or is injured within the period of thirty days from the date of the sale of the animal by the poundkeeper. Application 28.

(1) The proceeds from the sale of an im'pounded of proceeds animal sold under the 'provisions of this Act shall be applied (

a) firstly, in payment of all lawful fees and charges, (

b) secondly, in payment of the damage claim, if any.

(2) The balance of the proceeds of the sale, if any, shall be paid (

a) to the owner of the animal if known, or (

b) to the Minister, if the owner of the animal is not known. Moneys re-

(3) Upon application being made to the Minister by the ~!~~ble by owner of the animal within two years from the date of the sale and upon production of satisfactory evidence of title to the animal, any moneys forwarded to the Minister from the sale of the animal shall be paid to the owner of the animal.

(4) If within two years of the date of the sale no claim is made upon the moneys sent to the Minister, the moneys shall thereupon form part of the General Revenue Fund, and no claim shall thereafter be re;cognized. ~!t:e~feni~~f 29·. Immediately after the sale of an animal, the pound- pounded keeper in all cases shall forward to the Department a re- animal turn in Form H in

Schedule 1. Appeals Information 30.

(1) Before an impounded animal is sold, the owner and com- plaint of thereof may give notice in writing to the poundkeeper of owner his intention to lodge an information and complaint with a justice against the person impounding the animal. Ground.s for

(2) The information and complaint may be made on any complamt or all of the following grounds

9 (

a) that the impDunding was illegal, (

b) that the claim fDr damages is illegal, (

c) that the claim fDr damages is e~cessive.

(3) The Dwner shall IDdge his cDmplaint with a Lodgin~ of justice within ten days after giving nDtice to the pDund- complamt keeper.

(4) UpDn payment to. the justice Df his fees by the Application DWner as set fDrth in the tariff Df CDsts prDvided fDr sum- ~i r:er,t xv mary CDnvictiDn ,proceedings under

Part XV Df the Criminal gr~minal Code, the justice shall fDrthwith institute the like prDceed- 0 e ings as are authDrized under the said

Part XV fDr justices making an Drder for the payment of money.

(5) Where an owner lodges aCDmplaint with a justice Dismissal of within the prescribed time, the justice shall dismiss the complaint cDmplaint if the complaint is not proceeded with promptly. ( 6) The poundkeeper shall proceed under this Act as if no complaint in writing has been given to him, . (

a) when the justice dismisses the complaint, or (

b) when an Dwner does not lodge his complaint within the prescribed time. 31. If the justice adjudges that the animal is illegally Illegal im- impDunded as claimed, the justice poundment (

a) shall order the animal to be restored to the owner, Or (

b) if the animal has been released, shall order the money deposited with the poundkeeper to be paid to. the owner, and in either event the justice shall order the impounder to. pay the costs of the proceedings and all fees and charges to which the poundkeeper is lawfully entitled, which may be recDvered by distress in the event of non-payment. 32. If the justice adjudges that the impounding is legal Entitlement but that the impounder is not legally entitled to damages tdo • amages under thIS Act, (

a) if money has been deposited by the owner with the pDundkeeper, the justice shall order (

i) that the prDper fees and charges for the im poundment be paid out Df the sum deposited with the poundkeeper by the owner, and that the balance of the deposit be paid to the owner, and (ii) that the CDStS of the proceedings before the justice be paid by the impounder, (

b) if no. mDney has been deposited by the owner, the justice shall order (

i) the payment fDrthwith by the owner of the amDunt prDperly payable fDr fees and charges Df im'pDundment and that in default Df payment the impounded animal shall be sold and the pro ceeds applied as provided under this Act, and

Excessive damages claimed 10 (ii) that the costs of the proceedings before the justice be paid by the impounder which costs may be recovered by distress in the event of non-payment. 33. If the justice adjudges that the impounding was legal and that the impounder is entitled to recover damages, but that the amount claimed by him for damages is excessive, (

a) if money has been deposited with the poundkeeper by the owner, the justice shall order that the bal ance be returned to the owner, (

b) if no deposit has been made, the justice shall order the damages as a warded to be paid forthwith by the o.wner together with the proper fees and charges of impoundment which damages, fees and charges may be recovered by distress in the event of non payment, and (

c) in both cases the justice shall order the impounder to pay the .costs of the proceedings which costs may be recovered by distress in the event of non-pay ment. r~~di~~~Of 34.

(1) If the justice adjudges that the impounding was ~~~nd~~~ge legal and that .the impounder's claim for damages is legal claim and not exceSSIve, Recovery by distress Maximum damage award Appeal (

a) if money has been deposited with the poundkee~r by the owner, the justice shall order (

i) the sum deposited to be paid to. the persons en titled thereto, and (ii) the owner to pay the costs of the proceedings before the justice, (

b) if no deposit has been made by the owner, the justice shall order the owner to pay the amount of the damage claim, the fees and charges of im ·poundment, to.gether with the costs of the proceed ings before the justice, and in default of payment thereof, the impo.unded animals shall be sold and the proceeds applied as provided under this Act.

(2) If the impounded animal has been released, or the proceeds of sale are insufficient to satisfy the amount or dered to be paid pursuant to subsection (1), then the amount so ordered to be paid or the deficiency may be reco.vered by distress . . 35. The amount ordered by the justice to be paid for damages in proceedings under this Act shall not exceed the amount of one hundred dollars for each impoundment, re gardless of the number of animals impounded. 3G.

(1) Within thirty days o.f the making of an order by a justice, an appeal therefrom may !be made to a judge of the district .court of the judidal district within which the impoundment was made.

(2) The district 'Court judge may (

a) make any order the justice is empowered to make, or (

b) make any order within his jurisdi'Ction as a judge of the district court.

PART III DISPOSAL OF ESTRA YS WHERE THERE IS NO POUND UISTRICT 37. For the purpose of this Part "premises" means prop- "premises" erty enclosed by a lawful fence in an improvement district in which no pound district is operating. 3:8.

(1) The following and no other shall be deemed to rawful be a lawful fence for the purposes of this Part, that is ence (

a) a substantial fence not less than four feet in height consisting of, (

i) rails or boards of at least four runners, the lower runner being not more than eighteen inches from, the ground, supported by upright posts not more than twelve feet apart, or (ii) firmly secured upright posts, boards, or palings not more than six inches a part, or (iii) two posts spiked together at the top and rest ing on the ground in the shape of an inverted V and joined by a brace firmly nailed near the base, with three rails firmly secured on the one side of the inverted V; the top rail being not less than four feet and the bottom rail not more than eighteen inches from the ground, there Ibeing also firmly se:cured on the other side of the inverted V one rail not more than twenty inches from the ground, or (iv) barbed wire and a substantial top rail sup ported by upright posts not more than sixteen and one-half feet apart, the wires being not less than two in number and the lower one not more than twenty inches from the ground, or (

v) not less than three strands of barbed wire on upright posts not more than fifty feet apart, the wires being fastened to droppers not less than two inches in width and one inch in thickness or to droppers consisting of willow or other poles nowhere less th~n one inch in diameter, or to wire droppers, the said droppers being placed at regular intervals of not more than seven feet apart, or

12 (vi) not less than three strands of barbed wire on upright posts firmly planted in the ground, the posts being not more than sixteen and one half feet a part, and the lowest wire not more than twenty inches from the ground at any post, or (vii) woven wire secured to posts not more than six teen and one-half feet apart, or (viii) solid stone, cement, brick or wood, (

b) any river bank or other natural boundary sufficient to keep animals out of any land. Fenced crops

(2) A fence surrounding growing grain crops or grain crops in the process of being harvested shall not be deemed to be a lawful fence unless the outside limit of the fence is situated· at least eight feet from the crop.

(3) A fenee surrounding the stacks of hay or grain shall not be deemed to be a lawful fence unless it is situated at least twelve feet from the stacks. ~;r~~~~glaw- 39.

(1) Where an animal breaks into or enters upon ful fence premises enclosed by a lawful fence, the owner of the animal is liable to the person suffering the damage for any damage done by the animal. Estray Removal of estray Sustenance of estray Payment by owner of estray Failure of owner to redeem estray

(2) In any proceeding taken in respect of any animal trespassing upon premises enclosed by a lawful fence, the fence enclosing the lands shall be deemed to be a lawful fence if it is established that the animal broke through or passed over or under a part of the fence coming within the definition of a laWful fence, even though another part of the same fence may not ,come within such definition.

(3) The onus of establishing that the animal broke through or passed over Or under a part of a fence coming within the definition of a lawful fence shall be on the oc cupier of the land suffering the damage. 40. ( 1 ) A person finding an estray on his premises shall notify the owner immediately either in person or by mail.

(2) The estray shall be removed by its owner from the premises (

a) if the owner was notified in person within three days of so being notified, or (

b) if the owner was notified by mail within ten days from the date the notice was mailed. (

S) The owner of the premises shall provide the estray with such sustenance, shelter and care as is provided for animals of similar age and class in the district.

(4) The owner of the estray shall pay to the owner of the premises the charges pres·cribed by

Schedule 2, together with the amount claimed by the owner of the premises for any damage done by the animal.

(5) If the owner of the estray does not redeem and re move the estray, within the time set out in subsection (2), then in addition to any civil liability which he may incur

13 by reason thereof, he is guilty of an offence and liable on

summary ~onviction to a fine not exceeding one hundred dollars and in default of 'payment to imprisonment for a term not exceeding three months. 41.

(1) If the owner of the estray and the person in Failure to possession of the estray are unable to agree as to the ;f:ne:g~sn amount of damages, either party may make a complaint under oath before a justice who shall institute the like pro- ceedings as are authorized under

Part XV of the Criminal Code for justices making orders for the payment of money.

(2) Upon hearing the complaint the justice may de termine the matter of the complaint. 42.

(1) If the owner of an estray is not known, a per- Owner of son finding an estray on his premises shall notify the ~~~~~wn nearest member of the Royal Canadian Mounted Police and shall complete a statement of finder in Form J in

Schedule 1.

(2) If the member of the Royal Canadian Mounted Police Rofl!l\r is satisfied that a reasonable effort has been made to locate ~st:a~ the owner he shall complete the permit in Form J in

Schedule 1, authorizing the finder to ship or truck the animal to the stockyards in Edmonton, Calgary or Lethbridge, whichever point is nearest and declaring the animal to be an estray.

(3) The finder shall forward the statement of finder ~;e~~~ I~~ti_ which shall include the signed permit, to the brand in- ned of spector at the place where the animal is to be sold. estray Duties of

(4) The brand inspector shall brand in- 1 inspector (

a) inspect the anima , (

b) sell the animal, (

c) complete the statement of finder as forwarded, and (

d) immediately forward the completed statement of finder, together with the proceeds of the sale to the Department.

(5) If no person has established his ownership to the Unclai:ed animal within two years of the receipt of the proceeds by procee s the Department, the proceeds shall be paid into the General Revenue Fund and no claim shall thereafter be recognized.

PART IV PROTECTION OF ANIMALS FROM DOGS 43. A person may kill a dog which he finds in the act Killing Of. f · . d t' . I I h dog worrymg o pursuIng, worrYIng or es rOYIng an anIma e sew ere animal than on the land occupied by the owner or possessor of the dog. 44.

(1) Anyone may make a complaint upon oath before Complaint a justice that a person owns or has in his possession a dog

Corrobora tion Civil liability Onus of proof Offences pound keeper Penalties pound keeper 14 which within one month previous to the complaint has worried, inj ured or destroyed an animal outside the lands occupied by the owner or possessor of the dog.

(2) Where a justice finds that a person owned or pos sessed a dog which has within one month previous to the making of the complaint worried, injured or destroyed an animal outside the lands occupied by the owner or possessor of the dog the justice may (

a) order the dog killed within twenty-four hours, and (

b) impose upon the owner or possessor of the dog a penalty not exceeding one hundred dollars and, in default of payment of the penalty, imprisonment for a term not exceeding three months.

(3) No order shall be made under this

section without evidence from one credible witness other than the com plainant. 45. No order or imposition of a penalty under this Part shall bar any action against the owner or 'possessor of the dog for damages caused by the dog pursuing or worrying an animal elsewhere than on the land of the owner or possessor of the dog. 46. It shall not be necessary for the plaintiff in any action for damages caused by a dog in pursuing or worrying an animal elsewhere than on the land of the owner or pos sessor of the dog to prove that the defendant was aware of the propensity of the dog to pursue or injure.

PART V OFFENCES AND PENALTIES by 47.

(1) A poundkeeper who, (

a) impounds or assists or incites or employs any per son to impound an animal unless the animal is an estray upon the poundkeeper's own property, (

b) omits or neglects to keep books and write entries as required by this Act or makes any incorrect or un true entry in such books, (

c) negl~ts to give a description to the best of his a'bility of an impounded animal in any notices as required, (t1) knowingly allows an animal affected with a con tagious or infectious disease to he in the same en closure with an impounded animal not so infected, (

e) fails to give any notice required by this Act, (/) 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, on in addition to any civil liability which he may incur by reason thereof, is guilty of an offence and liable on sum-

15 mary conviction to a fine not exceeding one hundred dollars and in default of payment to imprisonment for a term not exceeding three months.

(2) No poundkeeper shall be liable to be prosecuted for Liability of milking or allowing to be milked any cow while such cow k~~~~; is impounded, nor for dis'posing of the milk as he sees fit. 48.

(1) Any person who, Penalties for ( ) damage to a destroys or damages or attempts to destroy or dam- pound, U- age a 0 nd legal im-p U , poundment (

b) illegally impounds an animal, and trespass (

C) wilfully causes any animal to trespass on cultivated land, any stack of hay, feed or grain, is guilty of an offence and liable on

summary conviction to a fine not eX!ceeding one hundred dollars and in default of payment to imprisonment for a term not exceeding three months.

(2) Any person who rescues or attempts to rescue an Rescuing animal from an impounder or from the pound shall be dealt ~~r~~rsded with under

section 168 of the Criminal Code. 49. Any person violating any of the provisions of this General Act is guilty of an offence and liable on

summary conviction penalty to a fine not exceeding one hundred dollars and in default of payment to imprisonment for a term not exceeding three months.

PART VI GENERAL 50.

(1) The Lieutenant Governor in Council may make ~egUla such regulations as are deemed necessary or advisable for ons the carrying out of the provisions of this Act according to their intent.

(2) All regulations shall (

a) be published in The Alberta Gazette, (

b) come into for'ce upon publication or on such date as may be fixed in the regulations, and (

c) have the same force and effect as if they were en acted by this Act. 51. No action shall be maintainable against a pound- Ri1ht of keeper where the poundkeeper has exercised the duties and act on rights imposed upon him by this Act. 5.2. Except where otherwise stated, nothing contained in Ri1ht of t this Act shall be deemed to deprive a person of any action, :iie~~e~o br right or remedy that he may otherwise have according to Act law.

Repeal Continua tion of pound dis tricts and pound keepers Coming into force 16 53. The Domestic Animals (Unorganized Territory) Act, being

chapter 92 of the Revised Statutes of Alberta, 1942, is hereby repealed. 54. Notwithstanding

section 53, (

a) all pound districts established under The Domestic Animals (Unorganized Territory) Act continue un til such time as the pound districts are discontinued pursuant to this Act, and (

b) the poundkeepers appointed pursuant to The Domestic Animals ( Unor.ganized Territory) Act shall continue as poundkee-pers under this Act until such time as they resign or are removed from the appointment. 55. This Act comes into force on the first day of July, 1953.

SCHEDULE 1 FORM A (Section 5) ApPLICATION FOR FORMATION OF POUND DISTRICT To. the Minister of Agriculture: We, the undersigned, being occupiers of land in ............... . hereby ,make application to. have the provisions of

Part I of The Improvement Districts Stray Animals Act respect ing pound districts enfo.rced within the said area, and to. have the following animals prohibited during the periods herein below set out, this is to. say: We recommend: ...................... , .... , .. , .... ". of ...................... , .... . ( name) ( address) as poundkeeper..... . ..................................... , ............... . (land arnd location) Land o.wned or occupied Name Qr. Sec. Tp. Rge. W.Mer. I, ........ ,., ... , .... , ...... . solemnly declare: FORM B (Section 5) DECLARATION ... "" .. , .. ,., of. .......

" .... , ..... . "". do 1. That the to.tal number of persons in the area described in the foregoing application being o.ccupiers of land is (number) 2. That I was personally present and did see ea,ch of the ...................... ,., ... , ... persons whose names are subscribed (number) thereto. sign the said statement. 3. That each o.f the .................................... persons signing the (number) statement is qualified to do so. by virtue o.f being the o.c'cupier of land within the proposed pound district. 4.

That each person signing the said statement was cognizant of the contents thereof before signing. And I make this so.lemn declaration conscientiously be lieving 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.

18 Declared before me at. ................................................ in the Province of Alberta, this ..................................... day of .................................... , 19 ...... . (Signature of person making declaration) (Signature of person administering declaration) .... FORM C (Section 5) OBJECTION TO FORMATION OF POUND DISTRICT To the Minister of Agriculture: We the undersigned being the occupiers of land in ........... . (Description of land contained in the proposed pound district) hereby record our objection to the formation of a pound district in accordance with the provisions of

Part I of The Improvement Districts Stray Animals Act: NAME LAND OWNED OR OCCUPIED Qr. Sec. Tp. Rge. W.Mer. FORM D (Section 17) NOTICE OF IMPOUNDMENT P.O ......................... Date .................... , 19 ...... . To .. ~....... . ................................... Address ........................... . (Name of owner) Notice is hereby given under

section 17 of The Improve ment Districts Stray Animals Act that a Class of animal Colour Brief general

description, giving marks, probable age, and brand (if any) 19 was impounded in the pound kept by the undersigned on the ................ quarter of

section ................ township ............... . range ............ west of the ............ meridian, on the ................... . day of .................................... , 19 .... .. Signature of poundkeeper. FORME (Section 18) POUND NOTICE To Whom It may Concern: Notice is hereby given under

section 18 of The Improve ment Districts Stray Animals Act, that is impounded in the pound kept by the undersigned on the ................................ quarter of

section ............ township ........... . range ........... west of the ............ meridian, on ............ day, the .................... day of .............................. , 19 ...... , and will be sold at ................................ on ......................... at ............................... . (time) (date) (place of sale) if not redeemed. Poundkeeper. FORM F (Section 18) NOTICE OF IMPOUNDMENT P.O ............................... Date ............... , 19 ...... . To Recorder of Brands Provincial Department of Agriculture Edmonton, Alberta.

Notice is hereby given under se.ction 18 of The Improvement Districts Stray Animals Act that a Class of Animal Colour Brief general descdption, giving marks, probable age, and brand (if any)

20 was impounded in the pound kept by the undersigned on the .......................... qua-rter of

section ............ township ........... . range ............ west of the ............ meridian, on the ............... . day of .................... , 19 ...... , and will be sold on ...................... .. (date) at ............................ at ............................... if not redeeemed. (time) (place of sale) (Signature of poundkeeper) FORM G (Section 20) POUND SALE NOTICE Notice is hereby given under

section 20 of The Improve ment Districts Stray Animals Act, that will be sold at ............ on ............ day ............ , the ............ day of ................ , 19 ....... , at the pound kept by the undersigned on the .............. quarter of

section .............. township ............. . range ............ west of the ............ meridian, unless redeemed by the owner before the day of the sale. Dated ........................................ , 19 ...... . Poundkeeper. FORM H STATEMENT OF SALE OF IMPOUNDED ANIMAL P.O ......................... Date .................... , 19 ...... . To The Livestock Commissioner Department of Agriculture Edmonton, Alberta. INFORMATION REQUIRED TO BE FURNISHED BY POUNDKEEPER: Class of animal General descdption and brand (if any) Name and address of impounder Date of impounding Date of posting pound notice (Form D or

E) Date of Sale N arne and address of purchaser • Total amount realized..................... $ ........ Impounder's Fees and Damages- 1. For impounding an entire animaL............ $ ...... .. 2. For damages (any animal) ................... $ ...... .. Poundkeeper's Fees and Charges- 1. For keep ............ daYls at ............ per day.. $ ...... .. 2. For notifying owner of animals im pounded or posting notices where owner is unknown ................................................ $ 1.00

21 3. For notifying the Recorder of Brands (if animal is branded) ........................... . 4. For advertising in local paper (amount actually expended) ................................. . 5. For posting notices of sale ....................... . 6. For branding each animal after sale ..... . 7. For postage and exchange on remit- tance for Minister (if any) ..................... . $ .25 $ ........ $ 1.00 .50 . ......... $ ....... . Total expenses .............................................. $ ....... . Amount sent to Department ........................ $ ...... .. Poundkeeper.

Post Office ............................... . FORM J (Section 42) STATEMENT OF FINDER I, ............................................... of ............................ residing on

section ........... township ............ range ........... west ............ , do hereby certify that the following animal: Class Description Brand is an estray on my premises (land enclosed by a legal fence) since ..... (date) I further certify that I have made inquiries in my district and am unable to lo.cate the owner and I therefore request permission to dispose of the said animal as provided under

section 42 of The Improvement Districts Stray Animals Act. (date) (signature of finder) Permit to Dispose of Animal Permission is hereby granted to ........................................ to make arrangements for delivery of the above animal to the stockyards at ............................................... to be sold by the brand inspector as an estray. ..............................

Signed ............................................ . (date) (member of R.C.M.P.) Statement of Brand Inspector I hereby certify that I have this day sold to .................. .. (name and ........................................ the animal shi'pped as an estray by address of buyer) ....................................... and describe said animal as follows: (finder)

22 I attach hereto ............................................... cheque in the (buyer'

s) amount of. ............................................... being net proceeds of the sale. (Signed) ............................................. . (Brand Inspector) THIS FORM MUST BE FORWARDED TO. THE BRAND INSPECTOR AT THE POINT o.F MARKETING

SCHEDULE 2 FEBS The following and no other fees shall be charged Under

Part II 1. To the impounder :

(1) For impounding a stallion .................. . . ..... $3.00

(2) For impounding a bull ............................ . 2.00

(3) For impounding a ram or hoar ...................... 1.00 2. To the poundkeeper: (1) to provide care and sustenance for each animal for each day or fraction of a day such animal is impounded: (

a) for each stallion ..................... .................. $2.00 (

b) for each bull or boar ........... .................... 1.50 (

c) for each ram or he-goat ......... .................. 1.00 (

d) for each horse, mule, ass, head of cattle or pig .......................................................... 1.00 (

e) for each sheep or goat .............................. .50 (

I) for ea·ch goose or turkey ............................ .20

(2) For notifying the owner or posting notices where the owner is unknown ............................ 1.00 (3) for notifying the Recorder of Brands, if the animal is branded .............................................. .25 (4) for branding each animal sold ........................ .50 (5) for advertising-the amount actually ex pended by him. (6). for posting notices of sale.............................. 1.00 (7) for postage, exchange and money order charges on transmission of the proceeds of the sale-the amount actually expended. 3.

A poundkeeper is entitled to remuneration for the care and sustenance of any animal for a period not exceeding twenty days which remuneration shall not exceed the allowable charges for that class of animal set out in this Schedule.

23 Under

Part III To the finder:

(1) For providing care and sustenance for a period not exceeding ten days for each animal for each day or fraction of a day starting from the date of mailing or delivering the notification to the owner, until the 'animal is removed from the premises, and not exceed.;. ing the allowable charges set out in this

Schedule for that class of animal. (

a) for each stallion .......................................... 2.00 (

b) for each bull or boar .. .. ..... ......... .. ........ . 1.50 (

c) fQre.ach ram or he-goat... ...... ................... 1.00 (

d) for each horse, mule, ass, head of cattle or pig .......................................................... 1.00 (

e) for each sheep or goat ............................. .50 (

I) for each goose or turkey......... ................ .20

(2) For notifying the owner ................................ 1.00

(3) The finder is not entitled to any remun eration for animals where the owner is not known and the animal is disposed of under

section 42 of this Act.

No. 119 FIRST SESSION TWELFrH LEGISLATURE 2 ELIZABETH II 1953 BILL An A,ct to Provide for the Control of Stray Animals in Improvement Districts Received and read the First time ............................ . Second time ....................................... . Third time .......................... . HON. MR. URE Title: 1953 (12th, 1st) Bill 119,

An Act to Provide for the Control of Stray Animals in Improvement Districts

Document details

Collection	Alberta — Bills
Citation	L12 S1 6787
Type	bill
Volume / chapter	L12 S1 6787
Language	en
Format	json
Source	PROVINCIAL
Identifier	df35087e99c91e607e0d45de27eec994d0e547ab

Source file is stored in the law ingest library (json).