Proportions of the

not give statutory notice

"(2) Unless and until any company to which notice has been company does given as aforesaid gives a notice as provided in section 93 hereof the whole of the assessable property of such company lying within the limits of the public school district shall be entered, rated and assessed upon the assessment roll for the public school district and all taxes so assessed shall be collected as taxes payable for the said public school district and when so collected such taxes shall be divided between the said public school district and the said separate school district in the proportions and manner and according to the provisions set out in the notice in the next preceding subsection mentioned.

Service of notice on company; how effected

"(3) Service of a notice under the foregoing provisions upon a company may be effected by serving the same upon any officer or agent of the company upon whom service of a writ of summons issued out of the supreme court for Saskatchewan may be lawfully served for the company."

H1

1912-13

CHAPTER 37

An Act to amend The School Grants Act

[Assented to January 11, 1913.]

IS Majesty by and with the advice and consent of the
Legislative Assembly of Saskatchewan enacts as follows:

1. Section 3 of The School Grants Act is amended by adding thereto the following as clause 3:

"3. To every school district that provides conveyance as required by section 167a of The School Act and in accordance with the regulations of the department in that behalf a sum to be determined by the Lieutenant Governor in Council but not to exceed one-third of the actual cost of such conveyance as shown by proper vouchers therefor."

Short title

1912-13

CHAPTER 38

An Act respecting Brands.

[Assented to January 3, 1912.]

IS Majesty by and with the advice and consent of the
Legislative Assembly of Saskatchewan enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Brand Act."

INTERPRETATION.

2. In this Act unless the context otherwise requires the expression:

"Department" 1. "Department" means the department of agriculture for Saskatchewan;

"Minister"

"Horse"

"Cattle"

"Stock" "Owner"

"Brand"

"Vent"

2. "Minister" means the minister of agriculture for Saskatchewan;

3. "Horse" means any horse, mare, gelding, colt or filly, ass or mule;

4. "Cattle" means any bull, cow, ox, heifer, steer or calf; 5. "Stock" means any horse or head of cattle;

6. "Owner" means the owner jointly or in severalty of any brand or vent allotted under this Act and includes the duly recorded transferee thereof and the authorised agent of such owner or transferee;

7. "Brand" means any letter, sign or numeral or combination of the same recorded as allotted;

8. "Vent" means:

(a) Any vent brand allotted as having been recorded prior to March 1, 1898;

(b) A second marking in a horizontal or lazy position immediately below the brand mark upon any stock of a character forming part or the whole of such brand;

any such vent denoting the fact of the proprietary rights in any stock bearing the same having passed from the owner to some other person;

9. "Recorded" means duly entered in the record to be kept "Recorded" in pursuance of this Act;

10. "Character" means any sign, letter or numeral.

BRANDS, THEIR NATURE, OWNERSHIP, DURATION, USE AND

SIGNIFICANCE.

"Character"

be allotted

3. Subject the provisions in subsection (2) of this section Brands may contained brands of any form or combination of characters may be allotted for any part of the body of any stock subject to the approval of the minister.

(2) Every brand for cattle allotted for the hip or thigh, for Form of brands the rib 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 minister:

Provided that on the 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.

of brands

4. All brands allotted under the provisions of this Act and Cancellation all brands and vents allotted under the provisions of any other Act or Ordinance and save as hereinafter provided all rights of the owner thereto, therein or thereunder shall be cancelled and determined as and upon the several dates respectively hereinafter mentioned, that is to say:

Those allotted prior to January 1, 1907, upon December 31, 1913;

Those allotted during the years 1907 or 1908 upon December 31, 1914;

Those allotted during the years 1909 or 1910 upon December 31, 1915;

Those allotted during 1911 or 1912 upon December 31, 1916; Those allotted subsequent to December 31, 1912 upon the thirty-first day of December in the fourth year next following the year during which such brand was allotted:

brands

Provided that upon application during the year in which Renewal of any brand would become cancelled hereunder the allotment and exclusive right to the use thereof may from time to time be renewed for a further period of four years from the end of such year;

of brands to

Provided further that the owner of any brand so cancelled Reallotment may upon application in writing not later than three months original owner next after the date of such cancellation procure the reallotment to him of such brand.

other persons

(2) Save as herein provided no brand shall after any can- Reallotment to cellation thereof be again allotted to any person until after forbidden the expiration of five years after the date of its cancellation.

Owners exclusive use to brand

5. Until the cancellation of the same the owner of any brand allotted under this Act or under any other Act or Ordinance shall have the exclusive right to the use thereof and during such period the mark of any brand upon stock not bearing the mark of a subsequent vent by the owner of such brand shall be prima facie evidence in any court or tribunal in Saskatchewan of the ownership by the owner of such brand of No evidence if the animal bearing the same but no such presumption of ownership shall arise or be given effect to in any case where the brand upon any such animal has not been recorded or has been cancelled prior to such evidence being tendered.

Brand as evidence

cancelled

Recorder of brands

Searches and extracts

Application for allotment of brand

Certificate of record of brand

RECORD OF BRANDS.

6. The Lieutenant Governor in Council may appoint a recorder of brands who shall be subject to the direction of the minister and who shall keep in a book or books for that purpose a record of all brands allotted under this Act or any other Act or Ordinance and of their duration, renewal, reallotment, cancellation and transfer together with the dates thereof and the names of the owner or transferee thereof.

7. Any person shall be entitled to search or have the record searched and to obtain certified extracts therefrom during the regular business hours of the department upon payment of the fee prescribed in the tariff of fees appended hereto.

8. Any person requiring the allotment to him of a brand or the reallotment or the renewal thereof shall make application therefor to the recorder which application shall be accompanied by the proper fee therefor as prescribed in the said tariff and upon being satisfied that such application is in conformity with the provisions of this Act the recorder shall grant such application and enter such allotment, renewal or reallotment in the record forthwith:

Provided however that the minister may if he deems it advisable refuse any such application;

Provided also that no brand shall be allotted to an Indian living upon a reserve.

9. Upon the recording of the allotment, renewal or reallotment of any brand as aforesaid the person in whose name the same is last recorded shall become the owner thereof and of all rights thereto and therein and the recorder shall deliver or transmit to such a person a certificate of the allotment, renewal or reallotment thereof and of the recorded entry of the same, and the production of any certificate purporting to be a certificate signed by the recorder under the provisions of this section in any court or tribunal in Saskatchewan shall be prima facie evidence of the ownership of such brand without any further proof of signature.