Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-27
BISMARCK WEEKLY TRIBUNE: FRIDAY, MARCH 81 1891.

Secretary of State direct, or through the
register of deeds of the county in which
they reside or do business, or in which the
stock to be branded or marked are situated,
upon a blank to be furnished by said Sec
rotary. and it shall be the duty of said Sec
rotary to record said mark or brand or trade
mark, designating the particular mark or
brand to be used by said applicant. and to
define the place and position such mark or
brand shall occupy on the animal, consult
ing always the choice and convenience OF
the applicant therefor, so far as may be,
without conflicting or interfering with any
previously recorded mark or brand.
T. 3. The Secretary of State shall pro-
cure and keep a record OF all marks and
brands and trade marks, showing the
names and residence of the person, firm or
corporation owning the same. together
with a description and fac smile of such
mark, or brand, or trade mark. and in the
case of live stock, the range occupied Ivy
said stock, as near as may be, which rec
ord shall be open to inspection OF any per
SON Interested, and he shall deliver to the
wncr or owners of said mark or brand or
trade mark a certificate thereof, which Ger.
titicate shall be deemed evidence in law of
such ownership, for which he shall demand
and receive a fee of one dollar. Said GER
tificatc shall also be recorded in the office
of the register of deeds of the county in
"illCll Sdlu o"lclS leSluc, VI III SdSC vi
nonresident owners, the county in which
the person or persons having sad cattle in
charge reside, or where said cattle may be
situated, and may demand and receive a
fee of one dollar.
SEC. t. The register of deeds may re-
ceive Il forward to said Secretary of
State all applications for recording marks,
brands or trade marks, and shall collect
therefor the fee for the Secretary Of State
in addition, which fee shall be forwarded
to said Secretary with the application, but
such certificates shall not be recorded by the
register of deeds until it has been first
recorded by the Secretary of State. The
register of deeds shall furnish the owner
or owners of all brands, marks or trade
marks with a certificate showing the record
thereof in his office.
SEC. 5. Any person using a like brand,
in the position, or on the place recorded by
another, shall be deemed guilty of a mis-
uemeaGOr, and upon conviction thereof
shall be fined in any sum not less than one
hundred dollars.
SEC. g.. 1t shall be, and it is hereby made
the duty, OF all persons who sell live stock
of any kind to another, to vent their brand
ON the part of the animal which the pur-
chaser or purchasers may determine; Pro-
ridcd. That said vent brand shall be upon
the same side of the animal as the original
brand, either by inverting the original
brand, or by a vent brand prepared for
that purpose. Said vent brand shall be
not less than One-half the size of The orig
inal brand, and shall be of the type of the
original brand. and such venting, as above
provided. shall be prima facie evidence of
the sale or transfer of said stock.
L I. The Secretary OF State shall re-
fuse to receive for record any brand, that
being the same as any previously recorded,
shall have added thereto any or either of
the following, to-wit: A bar, a circle, a
half circle. a quarter circle, 4 damon 1 or
a half diamond: P,oriacd, howcrcr. That
a similar device, figure, or letter, but
placed on a different part OF the animal,
may be so received and recorded.
SEC. s. 1t is hereby made the duty of
the register of deeds of any county in this
State having any marks. brands, or trade
marks recorded in his office, to prepare a
duly certified copy of such records, and
t 'ansmit the same to the secretary of State.
within thirty days after the taking effect
of this act. and said register of deeds shall
be allowed a fee of 25 cents for each brand
so certified, which fee shall be allowed by
the board of county commissioners of said
county.
Sec 8. All persons who have heretofore
recorded any mark, brand or trade mark,
in any county in this State, shall have the
prior right to the exclusive use of said
marks. brands or trade mark: Pruridri.
Where two or more OF such marks or
brands conflict with each other, the one
first recorded Shall have priority: PRO-
ridUl. fUrihrr. That all stock brands
recorded in the office of the Secretary p1
State, under the provisions of Chaplrr37 or
the Laws of 1890, shall be in no wise invali-
dated by any of the provisions of his act.
The provisions herein contained affecting
the priority OF right to any brand, shall not
apply or be in force after the LIST day Of
December, 1891.
SEC. 10. Any person. firm Or corporation
Il ., r TO ,.,,a, ,,. skl; tl,. St.t. %t, ..-
elusive use OF any name. mark, brand,
print, designation. Or description for any
article of manufacture or trade, or for any
mill, hotel property, machine shop, or other
business. shall deliver or cause to be de-
livertd to the Secretary of State a particu-
lar description or fac simile of such mark,
brand. name, print. designation or deScrip-
ton. as he or they may desire to use, and if
there be not already a claim filed for the
same or a similar mark, brand. lame,
print. designation or description, he Shall
Immediately record the same in "A book to
he provided and kept for that purpose,
whicE. Donk shall be at all times subject to
public inspection and examination, and
after the same Shall have been recorded as
herein provided, the person, firm or corpo
ration causing the same to be recorded
shall have the exclusive right to the USE
thereof; PrDUidcd. That nothing herein
contained shall be construed to authorize
The use of figures, letters or Roman nuMer-
ais.
SEC. IL. Any person, firm or corporation
that shall use or cause to be used any
brand, mark, name. PRINT, designation OF
description. the same as or similar to any
recorded to any other person or persons fol
the purpose of deception or profit, shall bt
deemed guilty of a mi>demeanor, and upon
conviction thereof shall be fined in any
sum not less than one hundred dollars nOl
more than one thousand dollars.
SEC. II Any person, firm or corporation
that shall use or cause to be used Any sec
ond-hand sack, box, barrel. can. pack
age or other article on which has beer
, placed any brand, mark. name, print
!, designation Or description, the property o
another, for the purpose of deception, shaI
, be deemed guilty OF 4 misdemeanor. ant
!. upon conviction thereof shall be fined il
: any sum not less than one hundred dollar:
!, nor more than one thousand dollars.