Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1882-02-09
AN ACT
AN ACT
To Regulate Marks and Brands Of
Stock.

To Regulate Marks and Brands Of
Stock.
Be IL enacted By the Legislative assembly OIL
the Territory Of Idaho:
SECTION l. Owners of horses, mules, |
cattle, sheep, goats or hogs running at large |
must have mark or brand, and counter |
brand, different from any one in use by any |
other person, so far as may be known.
Sec 2. Every such owner shall record
with the recorder OF his county, his mark,
brand and counter-brand by delivering to |
said recorder his mark cut upon q piece Of
leather, and his brand and counter-b brand
burnt upon it, and the same shall be kept
in the recorders office certified copy
thereof made by the recorder, with the seal
of his office attached thereto shall be deemed
evidence on the trial of any action in
court Of. competent jurlsdictior as to the
ownership of all animals legally marked o.
branded as hereinafter provided. The re.
corder shall enter in book, to be kept by
him FOR that purpose, . copy OF said marks,
brands and counter-brands; Provided, 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 iu the county, or as far ~
his knowledge extends is different from any
other in the Territory. For recording the
mark, brand and counter brand, and trans.
uniting the same as hereinafter provided,
and receive one dollar; Prpr,ded, 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 ! oout.
ter brand recorded, shall add thereto a
counter-branc, for which the recorder shall
be allowed fee Of One dollar ami NJ more.
SEC. 3. 1t shall be the duty of every re.
corder in this Territory to transmit to tho
recorders of the adjoining counties tran.
script OF all the marks, brands aud 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 ard
willfully neglecting or refusing to comply
with the provisions of this act, shall forfeit
any sum not less than twenty five nor more
than one hundred 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. 5. Every person shall brand hil
, horses and mules and mark and brand hii
cattle before they are twelve months old,
and mark his sheep, goats and hogs before
they are six months old. On the trial of al
action, as provided in section two of thiI
act, to recover possession Of any anma
q which is marked or branded as provided il
! this act, the mark and brand shall be pri
= mary evidence that the animal belongs t.
t 1 the owner or owners of the mark or brand
S and that he, she Or they were entitled Il
the possession of the said animal At tn
;, time of the commencement of the action.
SIC. 6. No person shall use more thar
s one mark, brand or counter-brand on tn
t same kind or class of stock, viz: Horses
/. mules, cattle, sheep, goats or hogs; Prov
ded, hoUerer, This shall not extend to thos
persons who are the owners of more thai
e one ranch or farm.
r. SEC. 7. Ii any person. shall use any mark
re- brand or counter-brand other than the on
recorded by him, except by the consent {
. the owner of such other mark, brand c
IS counter-brand, he shall be liable to forte
c. and loss to any person suing therefor. I'll
t. stock so marked or branded with any otht
- than his proper mark or brand recorded b
him.
Us SEC. 8. No person shall be allowed I
r use mark by cutting off more than on
third Of the ear, or by cutting tho ear q
both sides to a point. All persons VIII
may have now such marks, shall be oblige
to alter them with respect to the cattl,
sheep and hogs they may have to mark aft.
the passage of this act
re SEC. o. No mark, brand or counte
brand shall be considered as lawful if n,
er recorded ss specified IN this act. And .
persons selling or disposing Of any Gait
which are not intended for slaughter,
e. any horses, mares, mules, jacks or jennie
shall be required to counter brand them 4
lie the shoulder or give written descripti,
N bill of sale, and any person failing to
counter brand said animals or give sut
ye written bill Of sale, shall lose all benefts
as this act. and all rights to use said brand
to evidence in any court under 3his act.
IT. SEC. 10. If any person who, with Il
intent to defraud, shall willfully mis.mal
:, or mis- brand any stock not his own, or xii
=. any stock running at large whether brande
:, ma ked or not, shall on conviction therec
!, be deemed guilty of felony, and shall
punished by imprisonment in the tsrritori
prison for a term of not less than six mont
&c nor more than five years.
nd SIC, II. All acts or parts of acts CO
he flicting with the provisions Of this act a
OF hereby repealed.
he SEC. u. This act shall take effect al
be in force from and after the first day
July, eighteen hundred and seventy seve