72. Brands. IX.-EXPENSES. PART IX.- chargeable 31. In order to provide a fund for carrying into effect the provisions Fees f this Act and to defray the expenses connected therewith a fee at the under this Act ate fixed by schedule C hereto shall be payable upon the registration of [Schedule C.] ny brand and an annual assessment at the rate fixed by the said chedule shall thereafter be levied on and paid by all owners possessed of more than fifty head of stock and shall be paid by them on or before the rst day of January in every year to the Treasurer for the time being And such assessments shall be collected levied and enforced in the How enforced. ame manner as assessments are levied under "The Diseases in Sheep Act of 1867"* or any Act or Acts amending the same. acting under 32. Whenever for the purposes of this Act the services of sheep Sheep nspectors shall be employed the salaries of sub-inspectors shall be inspectors lefrayed one-half from the moneys to be received under this Act and Act how paid. one-half from the assessment received under "The Diseases in Sheep Act of 1867."* account of 33. The Treasurer shall keep a separate and distinct account of all Treasurer to moneys received under the provisions of this Act as fees assessments keep separate ines or penalties and the fund arising from such moneys shall be inti- money received uled the "Brands Act Fund" and shall be by him appropriated towards under this Act the payment of the salaries wages and other expenses consequent upon the working of this Act and to no other purpose Provided however that any such rate of annual assessments may be reduced or wholly remitted by the Governor should he deem it expedient to declare the same by proclamation. X.-LEGAL PROCEDURE. to be called PART X.LEGAL PROCEDURE. 34. Where by any of the provisions of this Act it may be necessary to What shall be zive any notice or send any document to any person such notice or docu- deemed notice. ment may be communicated or sent to such person either by registered letter or delivered to him personally or left at his usual or last known place of abode or business. evidence of 35. For the purposes of any prosecution or action under this Act any Brand prima registered brand upon any stock shall be primâ facie evidence of the facie ownership of such brand and of the stock on which such brand is ownership. imprinted. certain cases 36. On the trial of any person charged with horse or cattle stealing it Jury may in shall be competent for the Attorney-General or other officer prosecuting take evidence on behalf of the Crown to give evidence that the brands appearing upon into consideration the animals alleged to have been stolen are the brands of the person on a trial for charged on the information to be the owner or of some person through horse or cattle whom such alleged owner claims and such evidence may if in the opinion of the jury the other circumstances proved at the trial warrant such course be taken into their consideration in determining the question of ownership. stealing. penalties 37. Every penalty for any offence against this Act and any fees made Mode of payable hereby shall be recovered in a summary way before two or more recovering justices of the peace who may hear and determine the matter and the penalty inflicted by such justices shall be levied by distress and sale of the offender's goods and chattels and in failure of distress shall be 31 Vic. No. 35, infra, this title. As to registered earmark and cheek brand being prima facie evidence of ownership, see section 14 of the amending Act of 1898, infra; and as to registered device or symbol being such evidence, see section 16 of that Act and section 3 of the Amendment Act of 1905, infra. under this Act. PART X.LEGAL PROCEDURE. PART XI.COMMENCEMENT AND SHORT TITLE. enforced in manner provided by the Act eleventh and twelfth Victoria chapter forty-three* and any Acts amending the same and all penalties collected under this Act shall be placed to the credit of the Brands Act Fund.† 38.‡ XI.-COMMENCEMENT AND SHORT TITLE. 39. This Act shall commence and come into operation on and after the first day of July one thousand eight hundred and seventy-two and and short title. may be cited for all purposes as "The Brands Act of 1872.” Commencement SIR, enclose herewith the authorised fee of and request that you will allot and register a brand to for the run or farm mentioned in the schedule below. I. solemnly declare that the several matters and things contained in the above application are true to the best of my knowledge and belief. Applicant. request that you A list of combinations of two letters is here appended and will allot a brand containing the first available combination in the consecutive order of such list standing unallotted in the register. Repealed so far as the same was in force in Queensland, see Historical Table, Index Volume. See now "The Justices Act of 1886" (50 Vic. No. 17), title Justices. To the Registrar of Brands. SCHEDULE E. being the registered proprietor of the brand mentioned in the margin hereof having transferred the same to will make the necessary transfer to enclose herewith the sum of do hereby request that you of such brand in your register and as the authorised fees of such transfer. Witness J.P. Owner. [Sections 12 and 31.] [Section 15.] [Section 16.] I. SCHEDULE G. BRANDS ACT OF 1872. do solemnly and sincerely declare that I am the actual proprietor for the superintendent of the proprietor] of the stock named in the schedule below consisting of (number in words) cattle for horses] which are travelling from to Signed at before *Schedule C substituted for the original Schedule by section 1 of the Amendment Act of 1884, infra. Schedule F substituted for the original Schedule by section 4 of the Amendment Act of 1894, infra. [Section 20.] [Section 20.] [Section 20. This is to certify that I have here this day delivered into the charge of in the schedule below for the purpose of their being at Signed at and such this will travel by by him to Proprietor. SCHEDULE REFERRED TO ABOVE. It having been represented to me that the drover of the (state number in words) cattle [or horses] belonging to mentioned in the schedule below has accidentally lost his way bill for delivery note] while travelling from this interim way bill [or delivery note] is hereby granted to such drover for such cattle [or horses] for the route and destination herein mentioned. to Number. Inspector or Constable. SCHEDULE ABOVE REFERRED TO. Description, Brands, and Marks of Stock. Inspector or Constable. Vic. No. 9, 1874. Brands. 48 Vic. No. 21, 1884. Act to Amend "The Brands Act of 1872." 38 Vic. No. 9. THE MENT ACT. [ASSENTED TO 21ST JULY, 1874.] BRANDS ACT E it enacted by the Queen's Most Excellent Majesty by and with or 1872 AMENDthe advice and consent of the Legislative Council and Legislative Preamble. ssembly of Queensland in Parliament assembled and by the authority the same as follows issue summons warrant under 1. From and after the passing of this Act notwithstanding anything Justices of the The Brands Act of 1872"* contained it shall be lawful for any peace may stice of the peace upon complaint or information on oath by any justice instead of onstable or inspector to issue a summons instead of a warrant for any twenty-first erson charged in such information or complaint with any of the section of ffences named in the twenty-first section of the said Act to appear and e dealt with before any two justices in the manner provided by such ection with respect to persons apprehended under warrant. Brands Act. stud or 2. Notwithstanding anything to the contrary contained in the first First brander eighth and eighteenth sections of the abovenamed Act it shall be lawful may imprint for the breeder or person imprinting the first brand upon any stock to herd-book imprint any numerals under his registered brand for reference to any under his stud or herd book containing a description of such stock But such numerals shall not be imprinted at a less distance than one and a-half nor more than two and a-half inches from and directly underneath such registered brand. numbers registered brand. travelling 3. Any actual proprietor superintendent or drover intending to travel Notice to be given by person any stock on or across any run or along any road which may intersect or form the boundary line of any such run shall give the proprietor or person in charge thereof not less than twelve hours' notice of the day on which it is his intention to enter on or cross such run and any proprietor superintendent or drover neglecting to comply with the provisions of this section shall on conviction for every such offence in a summary way forfeit and pay any sum not exceeding ten pounds Provided that this notice shall not be necessary where the number of stock does not exceed two hundred. stock. 4. This Act shall be read and construed with and be deemed and taken Act to be to be part of and incorporated with "The Brands Act of 1872."* deemed incorporated with Brands Act. 5. This Act may be cited as "The Brands Act of 1872 Amendment Short title. Act." An Act to amend "The Brands Act of 1872." 48 Vic. No. 21. THE BRANDS ACT [ASSENTED TO 1ST DECEMBER, 1884.] E it enacted by the Queen's Most Excellent Majesty, by and with the advice and BE consent of the Legislative Council and Legislative Assembly of Queensland in OF 1872 AMENDParliament assembled, and by the authority of the same as follows: 1 to 3.t MENT ACT OF 1884. 4. This Act shall be styled and may be cited as "The Brands Act of 1872 Amendment Short title. Act of 1884." 35 Vic. No. 4, supra. SCHEDULE. + † Section 1 substituted a Schedule for Schedule C of the Principal Act, supra: sections 2 and 3 (time for prosecution) repealed by "The Criminal Code Act, 1899" (63 Vic. No. 9), s. 3, title Criminal Law. Schedule printed as Schedule C to Principal Act, supra. Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts. |