Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1882-03-23
AN ACT
To Regulate Marks and Brands Of
Rtock


SECTION |. Owners Of horses, mules
cattle. sheep, goats or hogs running at larg,
must have merk or brand, and counter
brand, different from any one in use by an,
other persor, 80 far as may be known.
SEC. ,. Every such owner shall rccort
with the recorder OF his county, hi1 MARI
brand and count r-braud by delivering It
sai recorder his mark cut upon n piece OF
leather, and his brand and counter brand
burnt upon it, and the same shall be kept
in the recorders office. A certified copy
Their of made by the recorder, with the seal
of his Office attached thereto shall be deemed
evidence on the trial of any action in a
court Of competent jurisdiction, as to the
ownership of all animals legally marked OF
branded as hereinafter provided. The re-
cordcr shall enter in book, to be kept by
him for that purpose, copy of said marks,
brands and counter brands; irocided, That
such recorder shall be satisfied that such
brand and counter brand rendered to him
for record is unlike any other mark, brand
or counter-brand in the county, or rs far as
his knowledge extends is different from any
other in the Territory. For recording the
mark, brand and counter brand, and trans
hitting the same as hereinafter provided,
the recorder shall be entitled to demand
| and receive one dollar; Porided, That all
marks, brands or counter brands now re-
corded IN any county in this Territory, shall
be deemed and held to be valid, and shall
be entitled to priority of record, and that
all perfons who have heretofore had brand
or mark recorded, and have not had q coun-
ter-brand recorded, shall add thereto a
counter-brant., for winch the recorder shall
be allowed fee Of one dollar ana NJ more
SIC. 3. 1t shall be the duty Of every re-
corder in this Territory to transmit to the
recorders of the adjoining counties a tran
script OF all the marks, brands and counter
brands recorded in his Office, which shall be
filed by any such recorders in their offices,
and reference thereto shall be made in every
case Of application for the record of marks
and brands under this act.
SEC. 4. Any recorder knowingly and
willfully negecting or refusing to comply
with the provisions Of this act, shall forfeit
and pay for every such neglect or refusal,
any sum not less than twenty-five nor more
than one hnndred dollars, to be recovered
before any justice of the peace of said
county where such neglect or refusal may
occur, by any person suing therefor, together
with all costs and damages that may occur
by such neglect or refusal.
Sec. 8. Every person shall brand his
horses and mules and mark and brand his
cattle before they are twelve months old,
and mark his sheep, goats and hogs before
they are six months old. On the trial of an
action, as provided in section two of this
act, to recover possession Of any animal
which is marked or branded as provided in
this act, the mark and brand shall be pri-
mary evidence that the animal belongs to
the owner or owners of the mark or brand,
and that he, she or they were entitled to
the possession of the said animal at the
time of the commencement Of the action.
SEC. q. No person shall use more than
one mark, brand or counter-brand on the
same kind OR class Of stock, viz: Horses
mules, cattle, sheep, goats or hogs; Irori-
ded, however, This shall not extend to those
persons who are the owners Of more than
one ranch or farm.
SIC. ]. Ii any person shall use any mark,
brand or counter-brand other than the one
recorded by him, except by the consent of
the owner of such other mark, brand or
counter-brand, he shall be liable to forfeit
and loss to any person suing therefor. the
stock so marked or branded with any other
than his proper mark or brand recorded by
him.
SEC. 8. No person shall be allowed to
use mark by cutting off more than one
third Of the car, or by cutting the ear on
both sides to point. All persons who
may have now such marks, shall be obliged
to alter them with respect to the cattle. |
sheep and hogs thoy may have to mark after
the passage Of this act.
Sec. 0. No mark, brand or counter
brand shall be considered as lawful if not
recorded SIS specified an this act. And all
persons selling or disposing of any cattle
which are not intended for slaughter, or
any horses, mares, mules, jacks or iennies
shall be required to counter brand them on
the shoulder or give written descriptive
bill OF sale, and any person failing to 50
said animals or give such |
written bill Of sale, shall lose all benefits of |
this act, and all rights to use said brand as
evidence in any court under ahis act.
SEC. 10. II any person who, with the |
intent to defraud, shall willfully mis-mark |
Or mis.brand any stock not his own, or kills
any stock running at large whether branded. |
naked or not, shall on conviction thereof.
be deemed guilty of felony, and shall be |
punished by imprisonment in the territorial |
prison for term Of not less than six months |
nor moro than five years.
SEC, ii. All acts or parts of acts con-
liicting with the provisions of this act are |
hereby repealed.
SEC. u. This act shall take effect and |
be in force from and after the first day of |
July, eighteen hundred and seventy-seven.
Approved, January 18th, 1877.
Below VIC furnish tho description of the |
different brands that have been requested to be |
published. As the balance comes in We will |
add thereto. P. o. address not given is at |
Lewiston].
W. D. Wardwell brands horses S on left hip- |
J. G. Oylear brands stock j O. p. O. Genesee