RELATING TO AGRICULTURE, STOCK, GAME, ETC. THE CHAPTER 76. An Ordinance respecting Brands. 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." Short title 1900, c. 22, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires 1. The expression "department" means the Department Department of Agriculture; 2. The expression "commissioner" means the Commissioner Commisof Agriculture; sioner 3. The expression "horse" means any horse, mare, gelding, Horse colt or filly, ass or mule; 4. The expression "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 owner severalty of any brand recorded under this Ordinance or the authorized agent of such owner; 7. The expression "brand" means any letter, sign, char- Brand acter 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 Record Character 9. The expression "record" means the book kept by the 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 numeral.] 1900, c. 22, s. 2; 1903 (1st Session), c. 22, s. 1. BRANDS: THEIR NATURE, OWNERSHIP, USE AND SIGNIFICANCE. Commissioner may allot brands Form of brands Exclusive right to brand 3. Subject to the provisions of the next following section brands of any description may be allotted for any part of the body of any stock subject to the approval of the commissioner. 1900, c. 22, s. 3. [4. Every brand for cattle allotted for the hip or thigh, for the ribs, and for the shoulder or top of arm, shall consist of three characters, and the shape and pattern of such characters and the arrangement thereof shall be fixed and determined by the commissioner.] [Provided that on payment of an additional fee of fifty cents any person may have allotted to him any other brand which does not conflict with any brand already allotted.] 1903 (1st Session), c. 22, s. 2; 1906, c. 32, s. 1. 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. Recorder of brands Application for allotment of brand 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 con ormity 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 Certificates of in whose name the same is recorded shall become the owner brand 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. of recorded 10. The commissioner may at such times and in such manner Publication as to him may seem desirable cause to be published a com- brands plete 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. 11. The recorder may upon the application of any owner 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. Change in brand 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. 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 authorize 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 com-Or unused missioner 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. Recording transfer of brands Where owner is dead or absent Proviso Vent on transferred stock Proviso TRANSFERS. 15. Any person wishing to transfer the ownership in any brand recorded under the provisions of this Ordinance shall make and sign in the presence of some person authorized to administer oaths for use in the Supreme Court of the Territories a memorandum 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 allotment 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. (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 transferrer the transferrer 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 transferrer 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. DROVERS. [16a. Whenever the owner of any stock or his agent is removing such stock from one point of the province to another distant twenty miles or more from his home or to a point beyond the province he shall provide himself with the brand recorder's certificate of the brand of such stock as a proof that the said stock are properly in his possession; or such proprietor shall make a declaration before anyone empowered to take affidavits showing the number and class of stock which are being removed and the recorded brands on the same, which declaration he shall give to the person in charge of such stock; and any person who may have purchased stock and is driving the same or having them driven from one point of the province to another, or to a point beyond the province, which stock are not branded with the purchaser's recorded brand, shall have in his possession or give to the person in charge thereof a bill of sale of such stock from the vendor thereof showing the number and class of the same and the last recorded brand on them. Any person shall have the right to inspect such travelling stock and compare the brands thereon with such brand certificate, declaration or bill of sale; and the person in charge of such stock shall when required produce and submit the same to inspection and shall also submit all stock in his charge to inspection. Any owner or drover or person in charge of such stock failing to comply with any of the requirements of this section or any one who interferes in or any way tries to prevent the inspection of such stock, shall be guilty of an offence under this Act. (2) The provisions of this section shall not apply to any person driving stock for the purpose of shipment or bringing the same away from any railway shipping point within the province reasonably close to the place from or to which such stock are being brought, nor to the driver of any animal which has strayed.] 1906, c. 32, s. 2. BRAND COMMISSIONERS. [166. The Lieutenant Governor in Council may appoint boards of brand commissioners to consist of three persons, each of whom shall be the owners of horses or cattle and shall be a resident of the province. (2) The board of brand commissioners shall meet at such times and in such places as the recorder of brands shall arrange and shall advise him on any matters he may bring to their notice in connection with the administration of this Act. (3) Each member of the board of brand commissioners shall hold office during the pleasure of the Lieutenant Governor in Council, and the said office shall be honorary, but each commissioner shall be allowed for his travelling and other expenses while attending meetings of the board the sum of five dollars per day and his actual transportation expenses. (4) The recorder of brands shall be the secretary of the board and shall keep a record of the proceedings of the same which shall be certified to as correct by the members of the board present and shall form a part of the records of the department.] 1906, c. 32, s. 2. PENALTIES. of 17. Any person disobeying or contravening any of the pro- Penalty for visions of this Ordinance (except such as are provided for ordinance 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. |