9. On the pound-keeper impounding an animal it shall Duty of be his duty:

pound keeper.

1. If the owner is known, to immediately notify him of Notify owner. such impounding, and if such owner refuse within three days after such notification to pay all lawful damages and other charges, and take away his animal, to advertise for at Advertise. least ten days the sale of such animal, by posting notices in three of the most public places in the pound district and upon the day named in such notice for such sale, to sell Sell. such animal by public auction.

2. If the owner is not known, to cause to be posted If owner not forthwith in three of the most public places in the pound known post district, a notice giving as near as possible all the marks, natural and artificial, colour, and probable age of such animal; and after the expiration from such notice of:(a) Twenty days,

If the animal is a horse, mule, jack, or one of the neat cattle species and over two years old, and (b) Six days,

found

If the animal is of the last mentioned kinds under
two years old, or of any other kind of any age.
If no owner is found the pound-keeper shall If owner not
advertise and sell the animal in the same man- advertise
ner as herein provided when the owner is and sell.
known. No. 43 of 1899, s. 9.

10. The pound-keeper shall apply the proceeds of any How proceeds such sale as follows:

1. To the payment of his own proper charges;

2. To the payment of the captor's reasonable charges and damages;

3. The balance to the owner of the animal sold, if known, and if not known, after the same has remained in his hands for three months unclaimed, to the Commissioner, to become, if still unclaimed for one year thereafter a part of the general revenue fund. No. 43 of 1899, s. 9.

of sale to be applied.

11. The pound-keeper shall neither directly nor indi- Pound keeper rectly become the purchaser at any sale conducted under not to be his direction. No. 43 of 1899, s. 11.

purchaser at sale.

12. The persons mentioned in this Ordinance shall be Expenses entitled to receive the following amounts:

1. The owner or occupant of the land injured by a tres-
passer, or the captor of an estray, for driving and delivering
the same to the pound-keeper, his reasonable expenses;
2. The pound-keeper-

For every horse, mule or jack, or head of cattle or swine,
four dollars; for every sheep or goat, each one
dollar and sixty cents, for each day the same shall
be impounded, for their support;

For notifying the owner of the animal impounded, fifty

cents;

and fees.

Owner may

recover

animal on tender of expenses

and charges.

Penalty for neglect of

duty

Penalty for rescuing estray.

J. P. to dispose of

summary

For posting notices, if the owner is not known, one dollar; and the actual cost of newspaper advertisements when incurred;

For posting notices of sale, one dollar;

And for each mile necessarily travelled in the performance of his duties, ten cents;

And 5 per cent commission upon the amount realized on the sale, for selling animal and applying proceeds according to the provisions of this Ordinance. No. 43 of 1899, s. 12.

13. The owner of any animal captured or impounded under the provisions of this Ordinance shall be entitled to recover the same from any person in whose possession such animal may be, upon tender of all damages committed and the charges incurred up to the time of the tender. No. 43 of 1899, s. 13.

14. A pound-keeper guilty of any neglect of duty imposed upon him by this Ordinance shall be liable to a penalty not exceeding one hundred dollars, upon the complaint of the party who suffered by such neglect. No. 43 of 1899, s. 14.

15. If any person shall rescue any trespasser or estray from the person lawfully taking the same to the pound, he shall be liable to a penalty not exceeding one hundred dollars; and if any person shall make a breach of any pound, or shall unduly set at large any animal impounded, he shall be liable to a penalty not exceeding one hundred dollars. No. 43 of 1899, s. 15.

16. In case of dispute between any of the parties mencomplaints in tioned in this Ordinance, or of any complaint being made that any penalty has been incurred, the same may be brought before a justice of the peace and disposed of by him in a summary manner. No. 43 of 1899, s. 16.

manner.

Not to affect action for trespass.

Pound keeper to forward report to

17. Nothing herein contained shall be construed to impair the action under any Statute, Ordinance or the Common Law, for damages occasioned by trespassers within the meaning of this Ordinance. No. 43 of 1899, s. 17.

18. Every pound-keeper shall forward to the Commis sioner, on the thirty-first day of December of each year, a Commissioner return in such form as he directs, showing all cattle impounded during the year, and the amount of damages and other charges paid, and all sales made by him, and the surplus, if any, on each sale, and how such surplus was disposed of. No. 43 of 1899, s. 18.

19. This Ordinance shall not apply within any munici pality.

20. No animal is to be turned loose to pasture between the 30th of October and the 30th of March unless it is in good condition, and unless feed and water are obtainable where the animal is turned loose. No. 43 of 1900, s. 1.

21. Anyone finding an estray in weak or poor condition during the winter shall notify the nearest police detachment. The police shall, if the owner is known, order him to provide feed for the animal or to kill it; if the owner is not known, the police shall see that the animal is impounded, and it shall then be dealt with as provided in section 9 of this Ordinance, except that it may be sold after twelve days in pound. No. 43 of 1900, s. 2.

2. If no purchaser can be found for an animal at the pound-keeper's sale, the pound-keeper may kill it and sell it for dog feed unless it can be disposed of by private sale. No. 43 of 1900, s. 3.

23. An estray found damaging caches may be impounded. No. 43 of 1900, s. 4.

24. Anyone found guilty of turning an animal out to graze during the period mentioned above in section 1 of this Ordinance, when the animal is in poor condition, or where there is no food nor water, and any owner who fails to stable or feed his animal when warned to do so by any member of the Northwest Mounted Police, may upon summary conviction, before a justice of the peace, be fined not more than $100.00 and costs, and in default of payment, be sentenced to thirty days imprisonment, with or without hard labour. No. 43 of 1900, s. 5.

Interpretation

"Game guardian."

"Close

season.

Buffalo or

bison not to be killed.

Close season.

Number of animals to be killed.

Persons

killing animals

to report.

Traders to keep date of purchasing meat.

CHAPTER 72.

An Ordinance respecting the Preservation of Game in the Yukon Territory.

1. The names by which the beasts and birds mentioned in this Ordinance are therein described include their young and males and females.

1. The expression "game guardian" means a game guardian appointed under the subsequent provisions of this Ordinance.

2. The time fixed with respect to any beast or bird, by sections 2 and 3, or by the Commissioner in Council under section 4 of this Ordinance is called in this Ordinance, “the close season" for that beast or bird. No. 2 of 1901, s. 1.

2. Except as hereinafter provided, buffalo or bison shall not be hunted, taken, killed, shot at, wounded, injured, or molested in any way, at any time of the year. No. 2 of 1901, s. 2.

3. Except as hereinafter provided, the following beasts and birds shall not be hunted, taken, killed, shot at, wounded, injured, or molested in any way during the following times of the year, respectively :

1. Musk ox, elk or wapiti, moose, caribou, deer, mountain sheep or mountain goats, between the first day of January and the first day of October in each year.

2. Grouse, partridge, ptarmigan, pheasants and prairie chickens, between the fifteenth day of January and the first day of October in each year.

3. Wild swans, wild ducks, and wild geese, snipes, sand pipers or cranes, between the first day of June and the first day of September in each year.

4. No one person shall have the right to kill during the same season, except as hereinafter provided, more than two elk or wapiti, six moose, two musk oxen, and six deer.

5. Any person who kills any of the above beasts shall report himself at the Mounted Police detachment on his way to Dawson or the creeks, and declare his name, the number of beasts killed and the place where he killed them.

6. Any person purchasing the meat of the above beasts for trading purposes shall keep a register showing the name of the person or persons from whom it was so purchased, the quantity and kind purchased, and also the date of purchase.

7. All members of the Mounted Police shall be ex-officio N.W.M.P. to be game

"game guardians" under this Ordinance, and the Commis- guardians. sioner may appoint other guardians as he sees fit. Any game guardian may call upon any person at any time found in the possession of game to state when, where and from whom it was obtained, and whenever he has reason to suspect that any person is illegally in the possession of game, he shall have the right to inspect any bag or other receptacle, vehicle or other means of transportation in which he supposes it to be, and any person refusing, molesting or obstructing the said game guardian in the accomplishment of such duties, is liable upon summary conviction to a penalty not exceeding $100.00 and costs, and in default of payment to imprisonment not exceeding one month. No. 2 of 1901, s. 3; No. 57 of 1901, s. 1.

extended.

4. The Commissioner in Council may from time to time, Close season when they deem it necessary or expedient so to do alter may be by resolution, any of the time fixed by sections 2 and 3 of this Ordinance. No. 2 of 1901, s. 4.

be taken.

5. Except as hereinafter provided no eggs on the nests Eggs not to of any of the birds above mentioned, or in the nest of any other species of wild fowl, shall be taken, destroyed, injured or molested at any time of the year. No. 2 of 1901, s. 5.

6. Notwithstanding anything in sections 2, 3, 4 and 5 of Exceptions. Ordinance, the beasts and birds mentioned in those sections may be lawfully hunted, taken or killed, and eggs of any of the birds or other wild fowl so mentioned may be lawfully taken :

1. By explorers, surveyors, prospectors, miners or travellers who are engaged in any exploration, survey or mining operations, or other examination of the Territory, and are in actual need of the beasts, birds or eggs for food.

2. By any person who has a permit to do so granted. under the subsequent provisions of this Ordinance. No. 2 of 1901, s. 6.

be taken by

7. None of the contrivances for taking or killing wild Game not to fowl, know as batteries, swivel guns or sunken punts, certain shall be used at any time of the year, to take, destroy, or contrivances. kill any of the birds mentioned in this Ordinance, or any other species of wild fowl. No. 2 of 1901, s. 7.

poisoned.

S. None of the birds and beasts mentioned in this Ordi- Not to be nance shall be taken, or killed, at any time of the year by the use of poison or poisonous substances, or pits or falls. No. 2 of 1901, s. 8.

9. No dogs shall be used at any time of the year for Dogs not to hunting, taking, running, killing, injuring or in any way

be used.