Short title.

CHAPTER 7.

An Act respecting Animals.

HIS

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as

follows:

SHORT TITLE.

1. This Act may be cited as "The Animals Act." R.S.M. c. 5, s. 1.

INTERPRETATION.

"Dog."

Certain animals not to run at large.

Stallions.

Bulls.

Rams.

Boars.

Penalty.

Damages.

2. In this Act, unless the context otherwise requires(a) the expression "dog" means an animal of the canine species. R.S.M. c. 5, s. 2.

RESTRICTIONS UPON ANIMALS RUNNING AT LARGE.

3. It shall not be lawful to allow the following animals to run at large at the times following, that is to say:

(a) stallions, of one year old or upwards, at any time of the year; or

or

(b) bulls, over nine months old, at any time of the year;

(c) rams, over four months old, from the first day of August to the first day of April; or

(d) boars, over four months old, at any time of the year. R.S.M. c. 5, s. 3.

4. The penalty for any offence against the last preceding section shall be not less than ten dollars nor more than twentyfive dollars, and, in default of payment, imprisonment for not less than ten days nor more than one month. R.S.M. c. 5,

s. 4.

5. The above penalty shall be in addition to a remedy. by action in any court of competent jurisdiction by way of damages. R.S.M. c. 5, s. 5.

DROVERS AND TRADERS.

other stock

distance

6. No person being engaged in driving horses, cattle or Drovers shall sheep through any part of this Province shall drive off, or not allow shall knowingly or willingly suffer or permit to be driven off, to follow any from the premises of any resident of said Province, or from exceeding two the range in which the stock of any such resident usually miles. run, to any distance exceeding two miles from such premises or range, any horse, cattle, sheep or pig belonging to such resident; and the drover shall, within two miles, or at the nearest habitation if there is any found within the said two miles, separate such animal or animals from his drove; and any person offending herein shall be liable to a fine of not less than ten dollars in each case for each animal so driven off; and, in default of immediate payment, to imprisonment for any time not less than thirty days. R.S.M. c. 5, s. 6.

Penalty.

allowing

7. Whenever any drover or trader or other person en- Penalty for gaged in driving or herding any horses, cattle or sheep in any other stock part of this Province shall permit any such animal of a longer than

to remain

one day.

resident aforesaid to remain with his drove or herd for a one night and longer period than one day and night, at any one time, he shall be subject to the same penalties which are imposed in the next preceding section. R.S.M. c. 5, s. 7.

responsible

damages.

8. Every drover or trader shall be responsible for all Drovers damages caused by his drove or herd on their way; and he for damages. shall not allow the same to run at large or to herd upon private lands, without the consent of the owner or person having the control of such lands; and any person allowing his drove or herd so to run at large or to herd upon private lands, without such consent, shall be liable to a fine of not less than one dollar in each case, and for such additional Recovery of damages as may be assessed by three arbitrators, one of whom is to be chosen by each of the interested parties, and the two arbitrators choosing a third, the award of the majority to be final; and, in default of immediate payment of the amount awarded, such drover or trader shall be liable to be imprisoned for any period not exceeding thirty days, unless the fine, award and all costs, including the costs of the warrant of commitment and of conveyance to gaol, be sooner paid. R.S.M. c. 5, s. 8.

addition to

9. Nothing herein contained shall bar any party or par- Damages in ties from recovering damages from the party or parties penalty. mentioned in the three last preceding sections over and above the said penalties and award, in any court of competent jurisdiction, for any of the matters aforesaid. R.S.M. c. 5,

s. 9.

Dog worrying sheep

may be

killed.

Justice may summon

that has

worried sheep.

PROTECTION OF SHEEP.

10. It shall be lawful for any person to kill any dog in the act of pursuing and worrying or destroying sheep elsewhere than on the enclosed land belonging to the owner of such dog. R.S.M. c. 5, s. 10.

11. On complaint made in writing, on oath, before any owner of dog justice of the peace, that any person owns or has in his possession a dog which has, within six months previously, worried and injured or destroyed any sheep, such justice may issue his summons directed to such person, stating shortly the matter of such complaint and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint and to be further dealt with according to law. R.S.M. c. 5, s. 11.

May order dog to be killed.

Penalty.

No proof of owner's

propensity of

sheep.

12. If any such person is convicted of owning or having in his possession a dog which, within such period, has worried and injured or destroyed any sheep, the justice of the peace may make an order for the killing of such dog (describing the same according to the tenor of the description given in the complaint and in the evidence) within three days, and in default thereof may, in his discretion, impose a fine upon such person not exceeding twenty dollars and costs; and, in default of immediate payment, may imprison the offender for a period not exceeding thirty days, and the said conviction shall be no bar to an action for damages by reason of the premises. R.S.M. c. 5, s. 12.

13. It shall not be necessary for the plaintiff, in any knowledge of action for damages for injury done by a dog to sheep, to dog to kill prove that the defendant was aware of the propensity of the dog to pursue or injure sheep; nor shall the liability of the owner or possessor of any dog, in damages for any injury done by such dog to any sheep, depend upon his previous knowledge of the propensity of such dog to injure sheep. R.S.M. c. 5, s. 13.

Pleadings.

14. The defendant, in any action for damages for killing a dog under the circumstances and facts mentioned in section 10 of this Act, may plead the general issue and give this Act and the special matter in evidence thereunder. R.S.M. c. 5, s. 14.

When mischievous dogs may be

ordered to be killed.

MISCHIEVOUS DOGS.

15. In any case wherein it shall be proved before a justice of the peace that any dog, concerning which complaint has been made, is mischievous with regard either to travellers

or to ridden or harnessed horses or oxen or other cattle, and is in the habit of pursuing them, or any of them, or of startling or biting them, or any of them, or of chasing and annoying any sheep, elsewhere than on the land belonging to the owner or keeper of such dog, then such justice may order the owner or keeper of such dog to kill it, or order it to be killed, besides paying all costs of complaint, under a penalty not exceeding two dollars for every day such dog shall be allowed to live after the said order, said penalty and costs to be enforced as provided in section 12 of this Act. 10 Ed. 7, c. 3,

s. 1.

CHAPTER 8.

An Act respecting the Diseases of Animals.

HIS

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

SHORT TITLE.

Short title.

Interpretation.

"Department."

"Minister."

"Veterinarian."

"Cattle."

"Animals."

"Infectious."

"Contagious."

contagious

disease."

1. This Act may be cited as "The Animals' Diseases Act." R.S.M. c. 6, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires(a) the expression "Department" means the Department of Agriculture and Immigration;

(b) the expression "Minister" means the Minister of Agriculture and Immigration;

(c) the expression "veterinarian" means a district veterinarian or the Provincial veterinarian ;

(d) the expression "cattle" includes bulls, cows, oxen, heifers and calves;

(e) the expression "animals" includes cattle, sheep, horses, swine, goats and other animals of whatever kind;

(f) the expression "infectious" means communicable in any manner whatever, even at a distance;

(g) the expression "contagious" means communicable by close contact or inoculation;

"Infectious or (h) the expression "infectious or contagious disease," when applied to diseases of animals, includes, in addition to other diseases generally so designated, cattle-plague, pleuropneumonia, foot-and-mouth disease, anthrax, tuberculosis, splenic, Texas or Spanish fever, sheep-pox, sheep-scab, swineplague or hog-cholera, hydrophobia, glanders, farcy, equine syphilis and mange, and any disease which the LieutenantGovernor-in-Council from time to time declares to be an infectious or contagious disease for the purposes of this Act. R.S.M. c. 6, s. 2.