5. All stock branded with a brand registered under any Act Saving of existing hereby repealed shall be deemed to have been duly branded under brands. this Act, and such brand may continue to be used by the registered owner as if registered under this Act, and shall be deemed to have been registered under this Act, but shall not be transferable. PART II.-BRANDS. 6. (1.) Every brand registered under this Act for horses and Description of cattle shall consist of two letters and a numeral, and the arrangement brands. of such letters and numeral shall be fixed and determined by the registrar in such order and positions as he may decide. (2.) Every brand registered under this Act for sheep shall consist of an earmark, with or without a firebrand, tattoo-mark, or wool-brand. An earmark shall be made on the near ear for female A firebrand shall be burnt on the face or horns; A tattoo-mark may be on any part of the body not covered A wool-brand shall be stamped with pitch, or such other (3.) The position in which a firebrand or wool-brand may be burnt or stamped shall be specified in the certificate of registration, and such brand may be burnt or stamped on such position only. 7. One brand for horses and cattle and one earmark for sheep, One brand one run. and no more, shall be allowed to each proprietor, unless he is the proprietor of more runs than one, in which case he may be allotted a separate brand and earmark for each run. horses as for cattle. 8. Every proprietor possessed of both horses and cattle shall use Same brand for the same brand for horses and cattle. 9. (1.) Every brand used for horses and cattle shall not be less Size of brand. than one and a-quarter inches in length. Any horse or head of cattle branded with any smaller brand shall be deemed unbranded. (2.) No earmark on a sheep shall exceed three quarters of an inch in length or half-an-inch in width or diameter. Any sheep earmarked, after the commencement of this Act, otherwise than in accordance with this subsection shall be deemed unbranded. 10. The person imprinting the first brand upon any horse Person first brandor head of cattle may imprint any numeral or numerals (a.) on the cheek to denote age, and ing may imprint numeral. (b.) No brand to be used unless registered. Age marks. (b.) on the neck for reference to any stud or herd book relating to such horse or cattle, but for no other purpose and in no other position. 11. Except as provided by sections ten and twelve, no person shall -- (1.) Mark, imprint, or use upon stock any brand of which he is not the owner. (2.) Use upon stock or have in his possession or upon his run any branding iron, pliers, or any other instrument for branding stock by which any brand, other than the brand of which he is the owner, or a cullmark or age mark, may be imprinted or marked upon stock. Any person acting or permitting any act contrary to this section shall be guilty of an offence against this Act. 12. (1.) The proprietor of any sheep who is the breeder thereof may earmark the same to denote the year of its birth. Such earmark (herein called an age mark) shall be made on the off ear for female sheep and on the near ear for male sheep, and shall be made during or within three months after the expiration of the year to which it relates and not otherwise. In the year 1905, and in every seventh year thereafter, the off ear, or the near ear, as the case may be, of all sheep lambed during the year shall be left clean, and no mark whatever shall be made thereon. For sheep lambed in the year 1906, and in every seventh year thereafter, the age mark shall consist of one notch on the front of the ear. For sheep lambed in the year 1907, and in every seventh year thereafter, the age mark shall consist of two notches on the front of the ear. For sheep lambed in the year 1903, and in every seventh year thereafter, the age mark shall consist of three notches on the front of the ear. For sheep lambed in the year 1909, and in every seventh year thereafter, the age mark shall consist of one notch on the back of the ear. For sheep lambed in 1910, and in every seventh year thereafter, the age mark shall consist of two notches on the back of the ear. And for sheep lambed in 1911, and in every seventh year thereafter, the age mark shall consist of three notches on the back of the ear. (2.) Any person who makes any earmark on the off ear of any female sheep, or the near ear of any male sheep, except as provided by this section, shall be guilty of an offence against this Act. PART PART III.-REGISTRATION. 13. (1.) The Governor may appoint a registrar of brands and Registrar and one or more deputy registrars. (2.) Every deputy registrar shall be subject to the control and direction of the registrar, and shall perform such duties as may be prescribed. deputy registrars. 14. The registrar shall keep a register, in the form in the Second Register. Schedule, of all brands registered under this Act. Second Schedule. 15. Any person requiring a brand shall deliver to the registrar Mode of obtaining an application in the form in the Third Schedule, accompanied by a fee of seven shillings and sixpence. brands. 16. The registrar, if satisfied that the application is in con- Registration of formity with this Act, may allot to the applicant, in the order in brand. which his application is received, such unallotted brand standing in the register as he may choose, and if he shall make no choice, the first unallotted brand, and shall register such brand to the applicant, and shall also mark upon the said application the brand allotted to such applicant. binations. 17. An applicant may insert in his application a list of Registrar may combinations of any two letters and a numeral, any one of which he register special comdesires to have allotted to him, and the registrar may allot to such applicant any such combination on such list that is at the time. standing unallotted in the register, but if all such combinations contained in such list have been allotted, the registrar may allot to such applicant the first unallotted brand standing in the register. The owner of any brand or earmark registered under any Act hereby repealed shall, as far as practicable, be entitled in priority to any other applicant to be registered under this Act as the owner of any brand or earmark, which, in the opinion of the registrar, is the same as or similar to the brand or earmark registered under any repealed Act. 18. No brand shall be registered which, in the opinion of the No brand to be registrar, is likely to cause confusion or mislead. If two brands are registered which are, in the opinion of the registrar, likely to cause confusion or mislead, he may, after notice to the owners, cancel the registration of either or both brands. registered which is likely to mislead. 19. Upon the registration of any brand, the registrar shall Certificate of deliver to the applicant a certificate of the registration thereof, in registration. the form in the Fourth Schedule, and shall also publish in the Fourth Schedule. Government Gazette a notification that the same has been registered. 20. Registered brands to be gazetted quarterly. Registrar to publish brand directory yearly. Registrar to transmit copies to inspectors, etc. Memorandum of transfer. Fifth Schedule. Registrar may cancel brand. Sixth Schedule. 20. The registrar shall, at the end of every three months, publish in the Government Gazette a statement in the prescribed form of every brand registered and of every brand the registration of which has been cancelled during such period of three months. 21. The registrar shall, as soon as possible after the thirty-first day of December in each year, cause a brand directory, containing all the brands registered or cancelled up to that date, to be compiled, and published in the Government Gazette. 22. The registrar shall forthwith, after each publication of a statement and directory, send copies thereof to each inspector, clerk of petty sessions, keeper of a public pound, and deputy registrar in the State. PART IV. TRANSFERS AND CANCELLATION. 23. (1.) Any owner wishing to transfer the right to a registered brand, and the person to whom the right is intended to be transferred, shall make and sign, in the presence of a justice, a memorandum in the form in the Fifth Schedule, and shall transmit the same to the registrar, together with the fee of two shillings and sixpence. (2.) The registrar shall thereupon cancel the original registration of such brand, and register the brand mentioned in such memorandum in the name of the transferree, and such transferree shall thereafter be deemed to be the person having the exclusive right to use such brand. (3.) The fact that any horse or head of cattle is branded with any registered brand shall be prima facie evidence that such horse or head of cattle belongs to the owner of the brand which has, according to the order hereinafter provided, been last imprinted thereon. (4.) The owner for the time being of any brand shall be the only person entitled to use the same. 24. (1.) The registrar may, on an application in the form in the Sixth Schedule, and on payment of the fee of two shillings and sixpence, cancel the registration of any brand (a.) Which is proved to the satisfaction of the registrar to have ceased to be used by the owner thereof; or (b.) The owner of which desires it to be cancelled; or (c.) The owner of which has died, or left Western Australia, without possessing any stock for which such brand might be required. (2.) The registrar may require any such application to be advertised in one or more newspapers, by and at the expense of the applicant, for such period and in such manner as the registrar may direct. 25. transfer book. 25. The registrar shall keep a book in which all such transfers Registrar to keep and cancellations shall be recorded, and he shall notify the same, as they occur, in the Government Gazette. PART V.- RULES OF BRANDING. 26. (1 Brands for cattle and horses shall be imprinted on Order of imprinting such cattle or horses in the following manner, namely:-- brands. (a.) Every brand shall be imprinted on the portion and in Seventh Schedule. the consecutive order allotted and indicated in the Seventh Schedule. (b.) The person imprinting the first brand upon any horse (c.) The next brand shall, where there is space sufficient (d.) The available space on one portion shall be used before (2.) All horses and cattle shall be deemed to be branded with the registered brand which appears to be the last brand upon such stock, according to the order herein before prescribed. made by punch or 27. All earmarks on sheep shall be made by a punch or pliers Earmarks to be only, and not otherwise; and no ear of any sheep or any part of any pliers only. such ear shall be removed, cropped, cut, sliced, or split by means of any other instrument than a punch or pliers used to make a registered earmark or a cullmark or an age mark. 28. Any person failing to comply with or offending against Penalty. any of the provisions of either of the two last preceding sections shall be guilty of an offence against this Act. PART VI.-INSPECTORS. 29. The Governor may appoint inspectors of brands, who shall Appointment of perform such duties as may be prescribed. inspectors. 30. |