Fences around crops Fences surrounding stacks Liability of adjoining owners for line fences Trespassing of animals Liability of owner Disagreement as to fencing or damages by a brace firmly nailed near the base, with three rails firmly secured on the one side of the A, the top rail not less than four feet and the bottom rail not less than eighteen inches from the ground, there being also firmly secured on the other side of the A one rail not more than twenty inches from the ground; (g) Of woven wire secured to posts not more than 35 feet apart; 2. Any river bank or other natural boundary sufficient to keep domestic animals out of any land. 1903, 2nd session, c. 28, s. 3. 4. No fence surrounding growing crops or crops in process of being harvested shall be deemed a lawful fence unless it is situated at least eight feet from such crop and otherwise complies with the provisions of this Ordinance. 1903, 2nd session, c. 28, s. 4. 5. Any fence surrounding stacks of hay or grain shall be deemed a lawful fence if constructed according to the provisions of section 3 of this Ordinance and situated not less than ten feet from such stacks. 1903, 2nd session, c. 28, s. 5. 6. Whenever two owners or occupiers of adjoining parcels of lands desire to erect a line or boundary fence between such adjoining parcels for the common advantage of both they shall bear the expense of the erection in equal shares and thereafter the expense of maintaining and repairing such fence shall be borne by the adjoining owners or occupiers in equal shares. (2) Whenever the owner or occupier of any parcel of land erects a line or boundary fence between such land and an adjoining parcel of land the owner or occupier of such adjoining parcel of land as soon as he receives any benefit or advantage from such line or boundary fence by the enclosure of his land or any portion thereof or otherwise howsoever shall pay to the first mentioned owner or occupier a just proportion of the then value of such line or boundary fence and thereafter the expense of maintaining and repairing such fence shall be borne by the adjoining owners or occupiers in equal shares. 1903, 2nd session, c. 28, s. 6. 7. The owner of any domestic animal which breaks into or enters upon any land enclosed by a lawful fence shall be liable to compensate the owner of such land for any damage done by such animal. 1903, 2nd session, c. 28, s. 7. 8. In case adjoining owners or occupiers of land disagree as to what is a lawful fence or as to the proper location of a proposed or existing line or boundary fence or as to the just proportion of a line fence which each such owner or occupier should make or put in repair or as to the amount which any such owner or occupier should make compensation to the other for making or keeping in repair any fence or in case parties interested disagree as to the amount of damages done by animals Arbitration breaking into or entering upon any land inclosed by a lawful fence they shall each appoint an arbitrator to determine and settle the matter in difference and such arbitrators shall first giving the parties in difference reasonable notice of the time and place where they intend to meet for the purpose of hearing and determining the matter in difference attend at such time and place and hear such parties and their witnesses and make their award in respect to the matters so in difference; and in case such arbitrators are unable to agree they shall appoint an umpire who shall make an award in respect to the said matters; and in case either of the parties in difference refuses or omits to appoint an arbitrator within forty-eight hours after a demand is made in writing upon him to do so by the other party in difference such other party in difference may apply to a justice of the peace who being satisfied by the oath of a credible witness that such demand has been made and not complied with may appoint an arbitrator in the stead of the person so refusing or omitting to appoint and the arbitrator so appointed shall proceed and act and all steps shall be had and taken as in this section provided as if such arbitrator had been appointed by the person so refusing or omitting to appoint. No. 38 of 1897. (2) The direction herein contained for the appointment of arbitrators shall be deemed a submission under The Arbitration Ordinance and the provisions of the last mentioned Ordinance shall apply thereto. (3) The decision of the arbitrators as to the proper location of a proposed or existing line or boundary fence shall not affect the title to the land on either side thereof and shall be binding only during the actual existence as a lawful fence of the fence in question. 1903, 2nd session, c. 28, s. 8. to herd and 9. Nothing in the preceding section shall be held to affect Exceptions a in any way the right of any person to seize or impound cattle pound district in any herd or pound district under the provisions of any Ordinance authorizing the seizing or impounding of cattle in any such district or to affect the demand or recovering of damages in the mode prescribed by that Ordinance. 1903, 2nd session, c. 28, s. 9. closed trails 10. It shall be the duty of any person erecting any wire Fences across fence across any trail that has been in common use by the public for a period of three months immediately previous to such erection to place a top rail on such fence where it crosses the trail and for a distance of two rods on each side from the centre of the trail. 1903, 2nd session, c. 28, s. 10. THE CHAPTER 78. An Ordinance respecting Stallions and Bulls. HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts. as follows: SHORT TITLE. Short title Department Minister Justice Owner Captor Running at large When stallions shall not run at large When bulls shall not run at large Bulls may run at large in certain cases 1. This Ordinance may be cited as "The Entire Animals Ordinance." C.O., c. 78, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires1. The expression "department" means the department of agriculture; 2. The expression minister" means the member of the Executive Council of the Territories to whom may be assigned from time to time the duty of administering the department of agriculture; 3. The expression "justice" means any justice of the peace; 4. The expression "owner" means any person owning any stallion or bull dealt with under this Ordinance; 5. The expression "captor" means any person seizing or confining any stallion or bull under this Ordinance; 6. The expression "run at large" or "running at large means without being under control of the owner either by being in direct and continuous charge of a herder or by confinement within any building or other inclosure or fence whether the same be lawful or not. C.O., c. 78, s. 2. 3. No stallion of one year old or upwards shall be permitted to run at large in any part of the Territories at any time. C.O., c. 78, s. 3. 4. Except as hereinafter provided no bull nine months old or upwards shall be permitted to run at large in any part of the Territories at any time. (2) The minister may by notice published in two consecutive issues of the official gazette declare that bulls may be permitted to run at large in any district described in such notice between the first day of July [and the thirty-first day of December in any year] both days inclusive. C.O., c. 78, s. 4; 1900, c. 28, s. 1. bulls unlawfully large may be 5. Except within the limits of any pound district or herd Stallions or district constituted under the provisions of any Ordinance of running at the Territories any person who finds a stallion or bull running captured at large contrary to the provisions of this Ordinance may capture and confine such bull or stallion and promptly thereafter shall notifiy the owner thereof if known to such captor; and if such owner do not within three days after receiving such notice take away such stallion or bull and pay the captor thereof $5 for his trouble and 25 cents per diem for the keep of the said stallion or bull for every day it has been in his custody such owner shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $20 together with the cost of prosecution and the fees for capturing and the keep of such stallion or bull as aforesaid which said fees shall be paid over on collection to the captor. C.O., c. 78, s. 5. is unknown 6. When the owner of any stallion or bull captured and When owner confined under the provisions of the last preceding section is unknown to the captor, the said captor shall within forty-eight hours after such capture post up a notice of detention in form A in the schedule hereto in three public places in the neighbourhood of the place of capture and at the same time forward a copy of the notice to the department for publication in two consecutive issues of the official gazette, and the owner of such stallion or bull shall be entitled to receive delivery thereof upon paying the captor $5 for his trouble and 25 cents per diem for the keep of such animal together with the amount of the expenses actually incurred for advertising. (2) In addition to advertising the capture of a stallion or Advertising bull in the official gazette as herein provided the captor may capture also cause a copy of the notice of detention to be inserted in three successive weekly issues of the newspaper published nearest to the neighbourhood in which the capture was made, and any expenditure not exceeding the sum of $1 made for such advertising shall be reimbursed to the captor by the owner if the said stallion or bull is released by such owner or, if not so released, by the justice after the sale of such stallion or bull upon proof of such expenditure having been made. C.O., c. 78, s. 6. may be sold 7. If at the end of twenty days from the first publication When animal of the notice in the said gazette no owner be found for such stallion or bull or the payments herein provided have not been made to the captor, then upon application to a justice in form B in the schedule hereto verified under oath before the said. justice, the said justice may after eight days' notice posted up in three conspicuous places in the neighbourhood of the place of capture (one of which shall be the post office nearest thereto) stating the time and place of sale, sell or cause the said stallion or bull to be sold by public auction, and out of the That twenty days have elapsed without the said (stallion or bull) having been released by the payment to the applicant of the moneys he is entitled to be paid under the provisions of the said Ordinance; That the applicant prays that the said (bull or stallion) may be sold. (Signature of captor). 1 (name of captor) the applicant above named make oath and say that the facts set forth in the above application are true in substance and fact. |