The Dickinson press., 1891-05-02
Regulating Use Of Brands and Ear
Marks.

Regulating Use Of Brands and Ear
Marks.
SECTION 1. a general otfic for
recording marks and brands and
trade marks, shall DC maintained at
the seat Of government, and the
duties thereof shall be performed Ivy
the Secretary of State. The office of
register of deeds of every county in
this State shall be an auxiliary to
said office. and the duties thereof
shall be performed Ivy the register of
deeds.
SEC. 9. Whenever any person.
firm or corporation, desires the
exclusive use of any mark or brand
or trade mark he, they or it shall
make application therefor to the
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 blank to
be furnished by said Secretary, and it
shall be the duty of said Secretary TO
record said brand or mark 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, consulting
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.
SEC. 8. The Secretary of State
shall procure 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
OF trade mark, and in the case of live
stock, the range occupied by said
stock, Is near as may be, which
record shall be open to inspection of
any person Interested, and he shall
deliver to the owner Of owners of
said mark OF brand or trade mark a
certificate thereof, which certificate
shall be deemed evidence in law of
such ownership, for which lie shall
demand and receive a fee of one
dollar. Said certificate shall also be
recorded in the office of register of
deeds of the county in which said
owners reside, or in case of nom
resident owners, the county in which
the person IL persons having said
cattle in charge reside, OF where said
cattle are situated. and may demand
and receive a fee of one dollar.
SEC. 4. The register of deeds may
receive and 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 i'm addition, which
fee shall be forwarded to said Secre-
tarY with the application, but such
certificate shall not he 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 q
certificate showing the record thereof
in his office.
SEC. S. Any person using Il like
brand, in the position, or OH the place
recorded by another, shall be deemed
guilty of misdemeanor, and upon
conviction thereof shall be fined in
any sum not less than one hundred
dollars.
SEC. 6. 1t shall be, and it is hereby
made the duty of all persons who sell
live stock of any kind to another, tc
vent their brand on the part of the
animal which the purchaser Or pur-
chasers may determine; Provided,
That said vent brand shall be upor
the same side of the animal, as the
original brand, either by invertinl
the original brand, OF by a vent brand
prepared for that purpose. Said vent
brand shall be not less than one.hal1
the size of the original brand, ant
shall be of the type of the origina.
brand, and such venting, as above
provided, shall be prima facie evi
dence, of the sale OF transfer of sale
stock.
SEC. I. The Secretary of State shall
refuse to receive for record any brand
that, being the same as any previous
ly recorded, shall have added thereto
any or either of the following, to wit
a bar, a circle, a half circle, a quarter
circle, a diamond or IL half diamond
Provided, however, That a similar
device, figure or letter, but placed OF
a different part of the animal, may BIZ
so received and recorded.
SEC. 8. 1t is hereby made the dut,
of the register Of deeds of any count.
in this State having any marks
brands or trade marks, recorded il
his office, to prepare a duly certiie,
copy of such records, and TRANSMIT
the same to the Secretary of State
within thirty days after the takin,
effect of this act, and said register o
deeds shall be allowed ~ fee of Q
cents for each brand so certified
which fee shall be allowed by TIN
board of county commissioners o
said county.