The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1905-04-29
The Promiscuous Branding
of Horses and Cattle Is
Unlawful.
Small Stockmen Have Grievance
Against Large Owners, and
Latter Are Against Rustlers.

Since the publication OF the ENT
NEL's article two weeks ago regarding
the gathering and branding of orellana
(estray) horses, there has been a great
deal of discussion regarding the proper
method of taking up unbranded horses,
and what is the law in the matter.
The SENTINEL will now state that
there is both a written and an I'M
written law bearing upon estray horses.
The unwritten law has prevailed in this
section, and is still in force.
The custom is that the owners of the
horses running ON their immediate
ranges, shall, at the yearly round up,
divide the orellanas among the different
owners in a stated proportion to the
number of head owned by each, or
other mutual agreement.
There is hardly room for question that
if this custom was strictly adhered to
there would be little cause for the COM
plants made by the small stockmen
that the large stockmen round up every
thing and take among themselves all
the orellanas on the ranges. But the
large stockmen are up in arms. to.
They charge that the horse rustlers are
taking what they have no right to.
For the benefit of all concerned the
SENTINEL prints the following from the
Revised Statutes of Nevada:
Stock, When to be Branded.
Sec. SO4, Page 1859. 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 &C
ton 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 primary evidence that the animal be-
longs 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 com.
mencement of the action.
Estrays to be Reported to a Justice.
Sec 754, Page t60. Every person find
ing any stray horse, mare. colt. jack, or
jenny, or any neat.foot animal, or any
number of these animals. upon his farm
or premises, or upon the public highway
or domain, and shall take the same up
for keeping, shall, within ten days, if
said animal or animals remain on his
farm or premises, or keeping, go before
ship, and give. under oath, a full de-
scription of the marks and brands,
color. and kind of such animal or ami
mails, also the time, and all necessary
information hat will lead to the cause
of the said animal or animals coming
into his keeping. that may have come
TO his knowledge, and the marks and
brands have not been altered since they
came to his farm or premises ; provided,
no animal shall be considered an estray
if the wner is known to the person
finding 1t. At the time the taker up
appears before the Justice, as aforesaid,
the Justice shall, without delay, ap-
point two disinterested appraisers, who
are resident householders of the county.
to appraise and describe such animal or
animals, and cause a notice of such es-
tray or estrays, with a full description
of the same, giving the brands, marks
and colors thereon, to be published once
a week for two consecutive months, in
a newspaper published at the county
seat of the county in which the animal
or animals may be taken up, and if
there be no newspapers published at the
county seat. then the said notice shall
be published in the newspaper nearest
to the same. The said Justice shall
also cause three notices to be posted of
such estrays. in conspicuous places. one
of which shall be the Justices Office,
and the others the vicinity Of the place
where the estray animal or animals
may have been taken mp. For refusing
or neglecting to comply with the provi-
sions Of this section of this Act, Justices
of the Peace shall be deemed gnilty of
misdemeanor in Office, and the taker mp
Of such estray or estrays shall be
deemed guilty Of grand or petit larceny.
/ accordin0 m tho valua If tho aatrav
animal or animals taken up. and. on
conviction thereof, shall be punished as
is provided in the law Of the State of
Nevada. entitled IAN Act concerning
crimes and punishments."