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An Ordinance to amend Chapter 14 of The Ordinances of 1899, intituled “An Ordinance respecting Agricultural Societies."
[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:
1. Section 9 of The Agricultural Societies Ordinance is Section ? hereby amended by striking out the word "nine" where it occurs therein and substituting therefor the word "fifteen."
2. Clause 1 of the first subsection of section 27 of the said Section 27 Ordinance is hereby amended by inserting after the word amended "meeting" where it occurs therein the words " which has held "during the preceding year at least two meetings as provided in clause 1 of section 3 of this Ordinance and has furnished the "department with a report thereof giving the names of the "speakers, the subjects of their addresses and the number of "members present."
3. Clause 2 of the first subsection of said section 27 of the Section 27 said Ordinance is hereby repealed and the following substituted repealed therefor:
"2. To each society, incorporated company or board of management of a joint exhibition holding an exhibition which shall file in the department on or before the thirty-first day of December in each year a statement verified by statutory declaration showing
"(a) The names of all winners of cash prizes giving the
"(c) A detailed statement of total receipts and total expenditure in connection with the said exhibition; an amount equal to the total cash receipts for the purposes of or in connection with such exhibition exclusive of municipal, Territorial and federal grants but not exceeding $1,000:
"Provided that said amount shall not be paid unless such receipts exclusive of said grants amount to at least $350, or
in the case of any society organised on or before the first day of January 1899 whose chief place of business is at least fifty miles distant from the chief place of business of any other organised society, unless the amount of such receipts is at least $200."
An Ordinance respecting Brands.
[Assented to May 4, 1900.]
THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:
1. This Ordinance may be cited as "The Brand Ordinance," Short title C.O., c. 76, s. 1.
2. In this Ordinance unless the context otherwise requires
1. The expression "department" means the department of "Department" agriculture;
2. The expression "commissioner " means the commissioner "Commisof agriculture;
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;
6. The expression "owner" means the owner jointly or in "Owner severalty of any brand recorded under this Ordinance or the authorised agent of such 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
(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" 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. C.O., c. 76, s. 2.
BRANDS, THEIR NATURE, OWNERSHIP, USE AND SIGNIFICANCE.
Commissioner 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. C.O., c. 73, s. 4.
Allotment of existing of new brand
Exclusive right to brand
Recorder of brands
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 either
(a) Two letters and one numeral; or
(b) Two signs or characters and one numeral; or
(c) One sign, one letter and one numeral;
and the shape and pattern of such letters, signs or characters and numerals as aforesaid and the arrangement thereof shall be fixed and determined by the commissioner. C.O., c. 76, s. 4.
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. C.O., c. 76, 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. C.O., c. 76, ss. 7, 8.
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.
8. Any person requiring the allotment to him of a brand for allotment 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 C.O., c. 76, ss. 9, 10.
9. Upon the recording of any brand as aforesaid the person Certificates of in whose name the same is recorded shall become the owner be 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. C.O., c. 76, s. 11.
10. The commissioner may at such times and in such Publication 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 C.O., c. 76, s. 12.
CHANGE IN RECORD.
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.
NUMBER OF BRANDS.
12. No shall have allotted to him more than two Nun:ber of person brands for horses and two brands for cattle. C.O., c. 76, s. 6. brands
13. If any two or more owners of stock have the same or Commissioner conflicting brands recorded the commissioner may if he deem may cancel conflicting it advisable authorise the cancellation of the brand last brands recorded or (with the sanction of the owner) of any brand previously recorded; and may allot another in lieu thereof without charge.
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.
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 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