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The Brands Act, 1881
shall deliver or transmit to the applicant a certificate of such registration in the form of Schedule F hereto.
20. The following fees shall be payable and shall be delivered or transmitted to the Registrar, together with every such application.
(a) When the application is for an earmark for cattle and sheep
(b) When the application is for a separate earmark for cattle,
21. It shall be lawful for any owner of sheep making application for an earmark for such sheep to register such earmark to be placed upon one ear for one sex and upon the other ear for the other sex; Provided always that any such application shall be chargeable with a fee as for a single earmark only for such sheep.
GENERAL TRANSFER AND CANCELLATION OF BRANDS
22. Any person wishing to transfer the right to his brand or brands shall make and sign a memorandum in the form set forth in Schedule G hereto (which shall also be signed by the person to whom such right is intended to be transferred) and shall transmit the same to the Registrar, together with a fee of Two shillings and sixpence, and the Registrar shall, upon the receipt of such memorandum and fee, cancel the original registration of such brand standing in the name of the transferor, and shall deliver or transmit to the transferee a certificate of transfer in the form of Schedule H hereto, and shall re-register such brand in the name of the transferee, and such transferee shall there
after be deemed to be the person having the exclusive right to use such brand as aforesaid.
23. The Registrar may at his discretion on the application in the form of Schedule I hereto of any person, and on payment of a fee of Two shillings and sixpence, cancel the registration of any registered brand which shall be shown to the satisfaction of the Registrar to have ceased to be used by the owner of such brand, or the owner whereof shall desire such brand to be cancelled, or shall have died, or shall have
left the Colony without leaving any stock for which such brand might be required.
24. The Registrar shall keep the following registers in distinct books, that is to say:—
(1) The Register of Brands for cattle.
(6) The Register of all transfers and cancellations of registered
Schedules E and F
Earmark may be upon both ears :
Transfer how effected, Schedule G.
Cancellation of brands, Schedule II
Books of registration to be kept
Quarterly statement of registered brands to be published
Published statements to be received as primó facie evidence .
Schedules B and D
Penalty on owner using unregistered brand
The Brands Act, 1881
25. The Registrar shall, at the end of every quarter, or as soon thereafter as possible, transmit to the Government Printer, for publication in the ‘Government Gazette,’ a statement of all brands and earmarks respectively registered or re-registered, transferred or cancelled under this Act up to the last day of such quarter, and the names and addresses of their respective owners, and of the transferors and transferees, and of the applicants for cancellation (as the case may be); and a copy of the “Gazette' containing a statement of the registration, re-registration, transfer, or cancellation of any brand or earmark shall, in any action, suit, prosecution, or trial, be received as primá facie evidence of such registration, re-registration, transfer, or cancellation.
26. Every Government Resident, or Resident and Police Magistrate, throughout the Colony shall keep copies of the ‘Government Gazette' containing the quarterly statements of registered brands and earmarks, and such copies of the “Gazette,’ as well as the registers by this Act required to be kept by the Registrar of Brands, shall at all reasonable times and upon the payment of one shilling be open to the inspection of any person, who upon such payment shall be permitted to make copies or extracts therefrom.
27. Every person who is at the time of the passing of this Act the owner of a registered brand or brands for cattle and horses, or sheep, may deliver or transmit to the Registrar an application in the form of Schedule A if such application be for a brand for cattle and horses, or an application in the form of Schedule C if such application be for a brand for sheep, together with the fee hereby prescribed and payablein either case respectively; and upon the receipt of such application, together with such fee, the Registrar shall re-register the brand or brands so applied for in accordance with the provisions in this Act contained, and shall grant a certificate thereof in the form of Schedule B or of Schedule D as the case may be.
28. If any person who is at the time of the passing of this Act the owner of a registered brand or brands for cattle and horses, or sheep, shall not deliver or transmit to the Registrar an application in accordance with the provisions contained in the preceding section, together with such fee as is by law prescribed, within the space of six months from the date of the coming into operation of this Act, or within such further time as may be granted by the Registrar, upon reasonable cause therefor being shown, it shall be lawful for the Registrar to cancel the brand or brands of such owner.
29. It shall not be lawful for any person, other than the owner of a brand which shall be registered at the time of the coming into operation of this Act, to make application to be registered as the owner of such brand under this Act, until after the expiration of six months from such period, and of such further time as may have been granted by the Registrar under the preceding section.
30. Any owner of horses or cattle who shall, after the coming into operation of this Act, brand, or direct or allow to be branded, any of his horses or cattle with any registered brand (unless as hereinbefore provided) in respect of which he shall not previously have obtained a certificate of registration, shall, for every such offence, incur a penalty not exceeding Fifty pounds.
The Brands Act, 1881
31. Any person who shall brand, or authorise or aid or assist to Penalty for be branded, any stock with any brand in contravention of any of the ..., provisions of this Act shall on conviction, for every such offence, forfeit Act and pay any sum not exceeding Twenty pounds.
32. If any person shall wilfully brand any stock of which he is not persons brand.
the rightful owner, except with the permission of such rightful owner, o.o. or shall wilfully cause, direct, or permit any stock of which he is not may be im:
the owner to be branded with his brand, such person shall on con- *
viction, for every such offence, be liable to be imprisoned for any term not exceeding Two years.
33. Any person who shall wilfully blotch, deface, or otherwise penalty for
render illegible, or alter any brand upon any stock, or wilfully direct, ..."
34. Any person who, after the publication as hereinbefore provided Penalty on unof any statement in the ‘Government Gazette' of the brands registered ...” in pursuance of this Act, shall wilfully brand or direct or allow to be obrand branded any sheep with a brand of a similar design to any registered “” brand of which he is not the registered owner, shall for every sheep so branded forfeit a penalty not exceeding Ten pounds.
85. Any person who, after the publication as aforesaid of any to earmarks registered in pursuance of this Act, shall in the same district on for which an earmark has been registered in accordance with such so provisions, or in a district contiguous thereto, wilfully earmark or mark on sheep direct or allow to be earmarked any sheep with an earmark of a similar design to any such registered earmark, as aforesaid, mot being
his own, shall for every sheep so earmarked forfeit a penalty not exceeding Ten pounds.
36. Any person who shall brand or mark or direct or allow to be law, smou, branded or marked with the letter S any sheep except as required be used as brand under ‘The Scab Act, 1879, or as instructed by an Inspector of *** Sheep, shall be liable to a penalty of not less than Five shillings nor more than Five pounds for every sheep so branded.
37. Any person who shall wilfully or maliciously destroy, deface, Penalty for earor alter any earmark, or be party to the destruction, defacement, or “opping sweep alteration thereof, or who shall crop or cut off more than one-third of the ear of any sheep, either straight across the ear or diagonally or otherwise, or who shall, in cutting or cropping the ear, leave less than two-thirds of the ear, shall, on conviction for every such offence, incur a penalty not exceeding Fifty pounds for every sheep with respect to which any such offence shall have been committed ; or, at the discretion of the Court, such person may on conviction, for every such offence, be imprisoned with or without hard labour for any period not exceeding six months. Save as is in this section provided, mothing in this Act contained shall be construed to prevent any owner of sheep from placing his own earmark on any sheep, although such sheep
Punishment for forged or false entry made in Register or in ‘Gazette' .
Or for fraudulent use of brand
Power of Inspector to enter on runs Or property
Summary procedure for Penalties
The Brands Act, 1881
shall have been marked with the earmark of any previous owner of such sheep.
38. Any person who shall knowingly and unlawfully insert or cause or permit to be inserted any false entry of any matter relating to any brand or earmark in any register, certificate, quarterly statements of brands, or in any extract from any register, certificate, or list or statement of brands, or who shall forge or alter or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, with intent to defraud, any such register, certificate, statement, or any extract therefrom, or that which purports to be such extract or entry, or who shall wilfully and unlawfully destroy, deface and injure, or alter, or cause to be destroyed, defaced, injured, or altered, any such brand, or earmark, register, certificate, statement, extract, or entry, or any part thereof with such intent, or who shall knowingly and wilfully with felonious intent use the brand or earmark of any proprietor without his authority shall, on conviction, for every such offence, be deemed guilty of a felony, and being convicted thereof shall be liable, at the discretion of the Court, to imprisonment, with or without hard labour, for any period not exceeding three years.
39. Every Inspector is hereby empowered to enter upon any run or premises in order to inspect any stock, brand, or branding-iron or instrument for branding, and to take possession of and impound any stock in respect of which any breach of this Act has been committed or is being committed, and to seize and take away any branding-iron other than a branding-iron authorised by this Act, and, where necessary, to employ any person or persons to assist him in carrying out the provisions of this Act; and any person hindering or impeding or attempting to hinder or impede any Inspector in the execution of his duty, or refusing to produce any branding-iron or instrument for branding, or to permit any Inspector to inspect any stock or brandingiron or instrument for branding, shall, for every such offence, on Conviction forfeit and pay any sum not less than Five pounds nor exceeding Fifty pounds.
40, All fines and penalties imposed under this Act, or under any regulation that may be made under this Act, may be prosecuted and recovered before any two or more Justices of the Peace in a summary way.
41. If any party shall feel aggrieved by any determination or adjudication of any Justice or Justices with respect to any penalty or fine under the provisions of this Act, such party may appeal from such determination or adjudication to the Supreme Court. Provided always that notice of such appeal shall be given to the convicting Justice or Justices within three weeks, and that such appeal shall be entered for hearing within two months after such determination or adjudication.
42. Sections A, E, F, G, and H of the Shortening Ordinance shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said Sections had been introduced and fully set forth herein.
WILLIAM C. F. ROBINSON,
This is to certify that the brand (or brands) described in the margin hereof was (or were) this day duly registered as the brand (or brands) of for horses and cattle (or for horses and cattle respectively), in the terms of the above-named Act.
Registrar. SCHEDULE C (Sections 16 and 27) “THE BRAND's ACT, 1881 ° Application for Brand for Sheep To the Registrar of Brands. SIR, I enclose, here with, the authorised fee of shillings, and request that
you will allot and register to me a brand as shown in the Schedule underwritten.