CHAPTER 42.

An Act to amend The Domestic Animals Act

(Municipalities).

(Assented to April 8, 1926.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Domestic Animals Act Short title (Municipalities) Amendment Act, 1926.”

added

2. The Domestic Animals Act (Municipalities), being Section 15a chapter 25 of the Statutes of Alberta, 1923, is amended by adding as section 15a thereof the following:

animals

running at large

"15a.-(1) Any member of the Alberta Provincial Police Entire Force may capture any entire animal which is unlawfully unlawfully running at large within a municipality and may impound it or confine it in some suitable place or direct some other person to so capture or impound or confine any such animal. "(2) If such animal is impounded it shall be dealt with in the same manner as any other impounded animal.

"(3) If the animal is confined in accordance with the foregoing provisions and the owner is known to the policeman or other person confining the animal (both of which persons are hereinafter individually referred to as 'the captor'), the captor shall notify the owner in writing of the place of confinement of such animal and the said owner shall within three days after receiving such notice take away the animal and shall pay to the captor the fees which are prescribed under the provisions of section 42 of this Act.

"(4) If the owner of the animal is unknown to the captor or the owner does not take away such animal within the said three days the captor shall put the animal up for sale, but before doing so shall give at least eight days' notice of such sale by posting up notices thereof in at least four conspicuous places in the neighborhood of the place where the animal was confined.

"(5) The proceeds of the sale of any animal shall be applied in part or full payment of the fees hereinbefore referred to and the residue, if any, shall be paid to the owner of the animal sold, and if not claimed by such owner within one month of date of sale, shall be forwarded forthwith to the treasurer of the municipality and shall form part of the general revenue of such municipality.

Section 32 amended

Section 46 amended

Coming into force of Act

"(6) If no bid for the animal is offered at the time of such sale then the animal shall be dealt with as is directed by subsection (3) of section 46 of this Act."

3. Section 32 of the said Act is amended by striking out the words "the eleventh day" and substituting therefor the words "eleven days" and by striking out the words "the fifteenth day" and substituting therefor the words "fifteen days."

4. Section 46 of the said Act is amended as to subsection (3) thereof by striking out the words "destruction and disposal" where they occur in the eighth line thereof, and substituting therefor the words "destruction or other disposal."

5. This Act shall come into force on Proclamation of the Lieutenant Governor in Council.

HIS

CHAPTER 43.

An Act to amend The Domestic Animals

(Unorganized Territory) Act.

(Assented to April 8, 1926.)

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Domestic Animals (Un- Short title organized Territory) Act Amendment Act, 1926."

amended

2. The Domestic Animals (Unorganized Territory) Act, Section 4 being chapter 67 of the Revised Statutes of Alberta, 1922, is amended as to section 4 by adding as subsections (3), (4), (5), (6), (7), and (8) thereof the following:

animals

"(3) Any member of the Alberta Provincial Police Force Entire may capture any entire animal which is unlawfully running unlawfully at large within the extra-municipal area and may impound running at it or confine it in some suitable place or direct some other person to so capture or impound or confine any such animal. "(4) If such animal is impounded it shall be dealt with in the same manner as any other impounded animal.

"(5) If the animal is confined in accordance with the foregoing provisions and the owner is known to the policeman or other person confining the animal (both of which persons are hereinafter individually referred to as 'the captor') the captor shall notify the owner in writing of the place of confinement of such animal and the said owner shall within three days after receiving such notice take away the animal and shall pay to the captor the fees which are prescribed under the provisions of section 44 of this Act.

"(6) If the owner of the animal is unknown to the captor or the owner does not take away such animal within the said three days the captor shall put the animal up for sale, but before doing so shall give at least eight days' notice of such sale by posting up notices thereof in at least four conspicuous places in the neighborhood of the place where the animal was confined.

"(7) The proceeds of the sale of any animal shall be applied in part or full payment of the fees hereinbefore referred to and the residue, if any, shall be paid to the owner of the animal sold and if not claimed by such owner

Section 26 amended

Section 38 amended

within one month of date of sale, shall be forwarded forthwith to the Department of Agriculture and shall form part of the general revenue fund of the Province.

"(8) If no bid for the animal is offered at the time of such sale then the animal shall be dealt with as is directed by section 109 of this Act."

3. Section 26 of the said Act is amended by adding thereto as subsection (2), the following:

"(2) Notwithstanding the omission to publish in The Alberta Gazette notice of the appointment of a poundkeeper, every poundkeeper at any time heretofore or hereafter appointed by the Minister shall be deemed to have been duly appointed, and a certificate of such appointment under the hand of the Minister shall be accepted as conclusive evidence of such appointment."

4. Section 38 of the said Act is amended by striking out sub-sections (3), (4) and (5) thereof, and by substituting therefor the following:

"(3) (a) If the justice adjudges that the impounding was legal but that the impounder is not legally entitled to damage under this Part, the justice shall order that the proper fees and charges for the impoundment be paid to the impounder out of the sum deposited with the poundkeeper by the owner, and that the balance of the deposited sum be repaid to the owner; and that the owner's costs of the proceedings under this section be paid by the impounder to the owner;

"(b) If no money has been deposited by the owner, the justice shall order the payment forthwith by the owner of the amount properly payable for fees and charges; and that in default of payment the impounded animal shall be sold and the proceeds applied as provided by Part V of this Act; and that the owner's costs of the proceedings under this section shall be paid by the impounder and shall be recoverable by distress.

"(4) 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, the justice shall order that the amount of the excess be repaid to the owner out of the sum deposited in respect of the claim for damages, and if no deposit has been made he shall order the amount properly payable to be paid by the owner forthwith together with the proper fees and charges, and in default of payment the same may be recovered by distress; and he shall in either case order the impounder to pay to the owner his costs of the proceedings under this section forthwith; and in default of payment the same may be recovered by distress.

"(5) If the justice adjudges that the impounding was legal and that the impounder's claim for damages is legal and not excessive, he shall order the sum deposited to be paid to the persons entitled thereto, and shall order the owner to pay the costs of the proceedings under this section; and if no deposit has been made by the owner, he shall order the owner to pay forthwith the amount of the damages, fees and charges, together with the costs of the proceedings, and in default of payment thereof, the impounded animals shall be sold and the proceeds thereof shall be applied as provided by Part V of this Act; and if the animal impounded has been released, or the proceeds of sale are insufficient to satisfy the amount ordered to be paid, then the amount so ordered to be paid, or the deficiency, shall be recoverable by distress.

"(6) The amount ordered to be paid by a justice in proceedings under this section for damages shall not exceed the sum of one hundred dollars in any one case."

5. Section 38 of the said Act is further amended by re- Section 38 numbering subsection (6) as subsection (7).

amended

6. This Act shall come into force on the Proclamation of Coming into the Lieutenant Governor in Council.

force of Act