Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-18

ITO SIIdl1 1CCO1u ~ OAd1luO uuu q lud NO
that may be filed for record in his office;
n he shall receive a fee of three (S) dol
lars for his services, for every brand or
earmark. so filed and recorded as aforesaid,
together with n ~ dollar for each regis.
ter of deeds in each county in which such
brands or earmark Is to be recorded.
SEC. 3. Upon the filing of the certificate
of brand or earmark, and the payment OF
the fees specified in the foregoing section 1t
to cause the said certificate to be recorded
in the proper record book, and to immedia.
tely transmit a certified copy of such Ger.
tificate to the register of deeds of each
county in which the same is to be record.
ed, together with n ~ dollar, the regis.
ter OF deeds fee for recording the same
and when the county in which such domes.
tic animals or live stock may be situated
is an unorganiZed county, then to the reg
lister of deeds Of the county to which the
said un%organized county may be attached
for judicial purposes.
SEC. 4. No person or persons, partner.
ship, association or corporation shall have
or adopt q brand or earmark, previously
recorded to another person or persons, part.
nership, association or corporation of this
state, neither shall the secretary of state
record the same brand OF earmark, or one
similar thereto, to more than one person or
party.
SEC. 5. 1t shall be the duty of the sec.
tary of st tie to decide as to the conflict of
brands or earmarks, to reject any one that,
being the same as one previously recorded,
has in addition any Of the following,
whether placed across, above, below. at
either side, or encircling the main brand or
earmark, viz: A straight bar; a quarter,
half or entire circle; a quarter, half or en-
tire diamond, either upright or inverted,
tho mn mt 1Nncfify,fipr n trvNn hra, nj n,,I
rendering the owner of the same brand
liable to damages for its use, saving only
where one or more of them shall be filed
by the owner of the first record of the main
brand, in which case it may be accepted.
The secretary of state shall reject any
brand or earmark formed by repetition of
any device, letter, number or figure which
shall have been previously recorded in his
office, whether to be placed on the same,
or on a different part of the animal; the
exclusive right of the first record to the
device, letter, number, or figure, and to
repetition of it, being reaffirmed. He shall
also reject all brands known as solid
brands, and all earmarks which shall re-
move to exceed one-half of the ear. A
variation in the size of a device, letter,
number, or figure, shall not constitute a
jected. A combination of letters, num-
bers, or figures, may be permitted, though
the same letters, numbers or figures, may
have been recorded, single or together, if
in the Judgment of the secretary of state
said combination is 81 different from any
previous record, as to constitute a new
brand, with no danger of infringement.
SEC. 6. 1t shall be the duty of II per-
son or persons, partnership, association or
corporation, who after the passage Of this
act, brings into this state, and before turn
inO lnnSa for DrQylnO nrn0Cl QnV hQrn
or individual animal already branded, to
lay before the secretary of state a state
ment of the brands or earmarks of said
animals; and if in the judgment of
the secretary of state said brands or ear
marks conflict with any previously re-
corded in his Office, it shall be the duty Of
the owner or manager of said animals to
brand or mark them with a brand or ear
mark, that the secretary of state shall con.
slider a full and distinguishing brand or
earmark, from all brands or earmarks
heretofore recorded in his Office and the
owner or manager of said animals shall be
enjoined from any further use of the con-
tlictihg brand or earmark, and shall be re-
CURED to file his certificate of the new
corded as other brands and
earmarks are recorded in the office Of
the secretary of state. A failure
to comply with the above shall render
the party sc failing, liable for all damages
resulting from such failure, which damages
may be recovered in a civil suit. 1t is fur
ther provided that this section shall apply
to all animals now in this state whose
brands or earmarks are considered by the
secretary of state to conflict or infringe on
those previously recorded in his Office.
SEC. Z. In all suits in law or in equity,
OF in any criminal proceedings, where the
title to any domestic animals or live stock
is involved, the brand or earmark on any
animal shall be pTtn1G tncte evidence Of the
ownership of the person whose brand or
earmark it may be; provided, that such
brand or earmark has been duly recorded
as provided herein. Proof of the right of
shall be made by a copy of the record certi-
fed to by the secretary of state or the reg
lister Of deeds of any county where the said
brand or earmark may be recorded, under
the hand and seal of such officer.
SEC. 8. 1t shall be the duty of any per-
son taking up an estray animal that is
branded or earmarked to notify the secre-
tary of state, by registered letter, of the
time and place of the taking up Of such an
imal,- together with a description of the
brand or earmark on the same, and it shall
be the duty of the secretary of state, if
such brand or earmark has been recorded
in his office, to notify the owner thereof of
the taking up of such estray; and if such
brand or earmark has not been recorded in
the office of the secretary Of state, the said
secretary of state shall notify the party
taking up such estray, that there is no such
brand or earmark recorded In his Office, The
party may then proceed against said ami
NAL under the law on estrays.
SEC. 9. 1t shall be unlawful for any per.
son or persons, partnership, association or
corporation, in branding any domestic ami
mails or live stock, to use what is known
among stock growers as a running brand.
SEC. 10. Any register OF deeds of any
county in this state, who shall record any
brand or earmark, other than those duly
transmitted to him by the secretary of
state, shall be deemed guilty of a mfsde-
meanOr, and upon conviction in any court
of competent jurisdiction, shall he punish
ed by a fine OF not exceeding one hundred
dollars, which shall 60 to the school fund
in the county in which such record shall
have been made. d" .7s
SEC. II. Any person or persons, partner
ship, association or corporation, who shall
violate or fail to obey the provisions of this
act, or shall continue the use of any brand
or earmark, after the same has been reject
ed by the secretary Of state, or shall con
tinue to use any brand or earmark, after the
said secretary of state shall have decided
that the same conflicts with a previously
recorded brand or earmark, shall be
deemed guilty Of a misdemeanOr and upon
conviction in any court of competent iur-
isdictiOn, shall be punished by a fine of
not exceeding n thousand dOllars,.Or by
imprisonment In the county Jail for a term