the hand of the registration clerk in whose office the same were filed; and no chattel mortgage in force and filed at the date of the establishing of such new district shall lose its priority by reason of its not being filed in the office of the registration clerk of such new district prior to its renewal. 1900, c. 12, s. 3. BIRDS. See GAME. USEFUL BIRDS. BIRTHS. See VITAL STATISTICS. BOARDING HOUSE KEEPERS. BOARDING STABLES. See LIVERY STABLES. BOILER INSPECTION. 1900, c. 22 BRANDS. An Ordinance respecting Brands. 4 May, 1900 Short title "Department" "Commissioner " THE [Assented to May 4, 1900.] HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Brand Ordinance." 1900, c. 22, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires: 1. The expression "department" means the department of agriculture; 2. The expression "commissioner" means the commissioner of agriculture; 3. The expression "horse" means any horse, mare, gelding, "Horse" colt or filly, ass or mule; 4. The expresson "cattle" means any bull, cow, ox, heifer, "Cattle" steer or calf; 5. The expression "stock" means any horse or head of "Stock" cattle; 6. The expression "owner" means the owner jointly or in severalty of any brand recorded under this Ordinance or the authorised agent of such owner; Owner" 7. The expression "brand" means any letter, sign, character “Brand” or numeral or combination of the same recorded as allotted to any owner; 8. The expression "vent" means: (a) Any vent brand allotted as having been recorded "Vent" (b) In the case of any three-character brand either the (c) In all other cases the second marking of the brand any such vent denoting the fact of the proprietary rights in son; 9. The expression "record" means the book kept by the "Record " recorder in pursuance of this Ordinance in which a description of every brand is recorded as such brand is allotted to any owner. 10. The expression "character" means any sign, letter or "Character" numeral. 1900, c. 22, s. 2 and 1903 Sess. 1, c. 22, s. 1. BRANDS, THEIR NATURE, OWNERSHIP, USE AND SIGNIFICANCE. may allot 3. Subject to the provisions of the next following section Commissioner brands of any description may be allotted for any part of the brands body of any stock subject to the approval of the commissioner. 1900, c. 22, s. 3. brands 4. Every brand for cattle allotted for the hip or thigh, for Form of the rib and for the shoulder or top of arm shall consist of Exclusive right to brand Recorder of brands Application for allotment of brand Certificates of record of brand recorded three characters and the shape and pattern of such characters and the arrangement thereof shall be fixed and determined by the commissioner. 1903, Sess. 1, c. 22, s. 2. 5. Upon the allotment of any brand to any owner or transferee under the provisions of this Ordinance and the entry in the record thereof such owner or transferee shall have the exclusive right to the use of such brand; and the presence of a recorded brand on any stock shall be prima facie evidence of the ownership of such animal by the owner of such brand. 1900, c. 22, s. 5. RECORD OF BRANDS. 6. The Lieutenant Governor in Council may appoint a recorder of brands who shall be subject to the direction of the commissioner and who shall keep a record of all brands allotted under this Ordinance. 1900, c. 22, s. 6. 7. Any person shall be entitled to have the record searched and to obtain certified extracts therefrom during the regular business hours of the department on payment of the fee prescribed in the tariff of fees appended hereto. 1900, c. 22, s. 7. 8. Any person requiring the allotment to him of a brand shall make application therefor to the recorder which application shall be accompanied by the fee prescribed in the tariff of fees appended hereto; and upon being satisfied that the application is in conformity with the provisions of this Ordinance the recorder shall allot a brand to such applicant and enter the same in the record: Provided however that no brand shall be allotted to an Indian living on a reserve. 1900, c. 22, s. 8. 9. Upon the recording of any brand as aforesaid the person in whose name the same is recorded shall become the owner thereof; and the recorder shall deliver or transmit to the applicant to whom such brand is allotted a certificate of the allotment and entry in the record thereof; and the production of any certificate purporting to be a certificate signed by the recorder under the provisions of this section in any court shall be prima facie evidence of the ownership of such brand without any further proof of signature. 1900, c. 22, s. 9. Publication of 10. The commissoner may at such times and in such manner as to him may seem desirable cause to be published a brands complete list of the brands recorded under this Ordinance and may make a reasonable charge for the volume containing the same. 1900, c. 22, s. 10. CHANGE IN RECORD. brand 11. The recorder may upon the application of any owner Change in accompanied by the fee prescribed in the tariff of fees appended hereto make changes in the brand or position thereof not inconsistent with the provisions of this Ordinance. 1900, c. 22, s. 11. NUMBER OF BRANDS. 12. No person shall have allotted to him more than two Number of brands for horses and two brands for cattle. 1900, c. 22, s. 12. brands CANCELLATIONS. may cancel brands 13. If any two or more owners of stock have the same or Commissioner conflicting brands recorded the commissioner may if he deem conflicting it advisable authorise the cancellation of the brand last recorded or (with the sanction of the owner) of any brand previously recorded; and may allot another in lieu thereof without charge. 1900, c. 22, s. 13. brands 14. In case it shall be proven to the satisfaction of the or unused commissioner that any recorded brand has not been used by the owner thereof or by his authority for at least two years, notice of intended cancellation may be mailed to the last known address of such owner and at any time after three months from the mailing of such notice the commissioner may cause such brand to be cancelled. 1900, c. 22, s. 14. TRANSFERS. transfer of 15. Any person wishing to transfer the ownership in any Recording brand recorded under the provisions of this Ordinance shall brands make and sign in the presence of some person authorised to administer oaths for use in the supreme court of the Territories a memorndum in form A in the schedule hereto and shall transmit the same to the recorder with the fees chargeable on such transfer as prescribed in the tariff of fees appended hereto; and the recorder upon receipt of such memorandum and fees shall make an entry in the record opposite the entry of the original allotinent setting forth the fact of such transfer of such brand to the transferee; and such transferee shall thereafter be deemed to be the owner and to have the exclusive right to the use of such brand. Where owner is dead or absent Proviso Vent on transferred stock Proviso (2) In case of the death or absence of the owner a declaration made by the transferee in form B in the schedule hereto may subject to the approval of the commissioner be accepted in lieu of the memorandum in form A: Provided that such transfer shall not be recorded until thirty days after notice thereof has been published in two successive weekly issues of a newspaper to be named by the commissioner. 1900, c. 22, s. 15. 16. Upon every transfer of any stock marked with the recorded brand of the transferror the transferror shall also mark his vent on the stock so transferred unless at the time of such transfer the said brand is transferred to the transferee of said stock: Provided, however, that any transferee taking possession of any stock for the purpose of slaughtering or shipping such stock out of the Territories may waive his right to claim that such stock shall be branded with a vent mark but in such case the transferror shall give to the transferee a statement in form C in the schedule hereto which shall be accepted as evidence of the transfer of such stock wherever such evidence may be required for the space of thirty days from the date of such statement. 1900, c. 22, s. 16. PENALTIES. Penalty for contravention 17. Any person disobeying or contravening any of the of Ordinance provisions of this Ordinance (except such as are provided for in the next succeeding section) shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100. 1900, c. 22, s. 17. OFFENCES AND PENALTIES. Offences and penalties 18. Any person who: (a) Brands or directs, aids or assists to brand any stock with a brand which has not been recorded under the provisions of this Ordinance; (b) Brands or causes, directs or permits to be branded with his own brand any stock of which he is not the owner without the authority of the owner; (c) Blotches, defaces or otherwise renders illegible or alters any brand or mark upon stock or directs, causes or permits any such brand or mark to be blotched, defaced or otherwise rendered illegible or altered; |