Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1881-04-07

his live stock in this territory as re. I
quired in this act, hut he shall not be l
required by this act to mark his live
stock; Provided, That stock kept up 1
for use need not be branded unless the
owner or owners choose to brand them.
SEC. I. Any stock grower in this
territory may select an ear mark, and
after recording the same as hereinbe-
fore provided, may use the same in
marking his live stock. Such mark
shall be made by cutting or shaping
the ear or ears Of the animal so mark
ed, but in no case shall the person SO
marking the animal, cut off more than
one-third of the ear SO marked. Meth
er shall any person mark by cuttings an
ear on both sides to point.
Sec. 8. No stock grower shall have
recorded or use, and no county recor-
der shall record any brand or mark
which has been previously selected or
recorded, by any person or persons, in
his county unless the same has been
abandoned and notice of the abandon
ment duly recorded by the county re-
corder Of his county, except as provid-
ed in section three of this act.
SEC o. Partners in stock growing
may adopt and use partnership brands
or marks, in which case, they must SO
lect, record and use the same, in the
manner provided for the individual
stock growers in this act, or they may
adopt and use the individual brand or
brands, mark or marks, Of any indi-
vidual member or members of the part
ncrship, duly selected and recorded, as
provided in this act.
SEQ. 10. No stock growsr or stock
5 growers, or other person or persons, in
. this territory, disdgure or obliterate
any brand or mark previously branded
impressed or marked on any head OF
live stock, or put his or their own, or
any other brand upon or over any part
= Of any brand, previously branded upon
@ any head of live stock, and no person
, or persons, shall make or use any coun-
|. terfeit of any brand or mark provided
n for in this act.
sl SEC. IL. In all suits at law or in
&c equity or in any criminal proceedings
d in this territory, where the title Of any
k live stock is involved, the brand onany
ID such animal shall be prima facie evi
d dence of the ownership of the person
A. whose brand it may be: Prorided,- -
l. That such brand has his been duly
g recorded as required by this act. Ea1
d marks, when used and recorded, shal
,r be taken in evidence in connection will
u the owners recorded brand in sucl
k suits Proof of the right of any pc,
r. son or persons TO use such brand O
be mark shall be made by copy Of tn
record Of the same, certified by tn
Sc county recorder Of any county in wi ic
Nv the same is recorded, under the han
tn aud seal of Office of such recorder.
.r. SEC. IL 1t shall be the duty Of e.
be cry stock drover 10 select and use
cb road brand for all live stock driven {
vs. moved through or into this territor
10, by him or by his assistance or directio
,r- which road brand shall be plainly an
is distinctly branded on some conspic'
i'll Gus part of each animal; and it sha
We be the imperative duty Of every sue
or stock drover or his assistants each da,,
ne to carefully search through and exam
in inc his herd or drove after driving I
ut moving them over any portion OF th
lot territory, and separate from, and dri'
nv and keep away from his herd Or drov
to all live stock no, belonging thereto,
en- not branded with his road brand :
,ry Prouided, That any drover or drove
may drive the stock Of other drove
re- with different brands: Pr0Uidcd, /
or or they have written authority fro
ks, stock.
of SEC. l3 Any person or person
ed. not being the owner or owners, or g
He titled to the possession of any head
the live stock, who shall be found kno
or ingly and willfully driving, riding lea
les ing or assisting to drive, ride or LEI
the same away from its usual range
,er- this territory, unless he shall corr
her the same at the first corral nearest
md such range, shall be guilty of misc
,ec- meanor, and punished as hereinaft
all provided. And pfoof that such p'
mi son or persons were so found driv
SO riding or leading such live stock fre
ere its usual range as aforesaid shall
liar on trial evidence sufficient to warra
ble. a conviction, unless the evidence pl
Who duced on the trial shows the aecus
all acted in good faith and with an ini
, to cent purpose Prorided, That a
it'll stock grower, or his employees, sh
the be allowed to drive any stock that
and or they may find herding with a
all stock belonging to them or une