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About The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922 | View Entire Issue (Aug. 26, 1915)
LIVE STOCK BRAND LAWS OFjeRASKA Compiled and Corrected to Angusf 1, 1915, by Thomas Lynch, Attorney at Law, Oty National Bank Illdg., Omaha, Nebr. Bvery Nebraska ranchman should be famil iar with the laws of the state relating to the use of brands And the Importance of baring them recorded. In order to have the exclus ive right to and use of their brands, stockmen mast have them recorded in the office of the oerreiary 01 state, except sheep brands, which fere to be recorded in the clerk of the county in which the sheep are us win ue seen oy tne following, which is an extract from the laws of the state per taining to brands: Sheep Every person or persons being the owner of any sheep shall cause such sheep, and all of thera six months old and upwards, to be suitably branded and ear-marked, which brand and ear-mark shall be made of record in the office of the county clerk of the county in which such sheep are kept. Every person falling to comply with the provisions of this section shall, upon conviction thereof, be fin ed in any sum not less than Ave nor more than fifty dollars. Branding Stork Any person or persons having cattle, hogs, sheep, horses, mules or asses, shall have the right to adopt a brand or mark, for the use of which he shall have the exclusive right In this state, after recording such brand or mark as hereinafter provided. Recording Fees The Secretary of State shall procure a suit able book, or books, in which all brands and marks shall be recorded. Each person de siring a brand, or mark, recorded shall pay Into the office of Secretary of State, a fee of 11.60, for recording such brand or mark. And every five years thereafter, the owner of any recorded brand, or mark, shall pay to the Secretary of State the sum of 50 cents, for the re-recording of such brand or mark. Brands Re-Recorded Every Five Years The Secretary of State shall notify the own er of any recorded brand by letter on or be fore September ,1, 1917, and on or before Sep tember 1, every five years thereafter of the time for recording his brand and any brand, or mark, the o,wner of which fails to have same re-recorded as above provided becomes cancelled and may be used by another. - Brands Must Not Be Duplicated No person shall have or adopt a brand or mark previously recorded under this act to any other person if used on the same Bide; neither shall the Secretary of State record the same brand or mark to more than one person, unless for opposite side. Broads In Actual Use Filed with Secretary of State Any person desiring to use any brand or mark shall make and sign a certificate setting forth a facsimile and description of the brand and mark which he desires to use or to which shall be attached a certified copy of the rec ord of such brand and mark from any county in which the same shall have been recorded, if so recorded, and showing the date of such record, and shall file the same for record in the office of the Secretary, of State; Provided, That no brand shall be filed or registered un less the same la in actual use. ' - ' Decide on Brands Offered for Record The authority of deciding whether a brand or mark offered for record does or does not conflict with any previously recorded brand or mark shall be vested in the Secretary of State. All brands offered for record shall be submitted before acceptance to said Secretary of State; Provided. That no brand described as being on either Bide of the animal shall be accepted or recorded; Provided further, That a brand described as being on both sides may be accepted. It shall be the duty of the Sec retary .of State to file all brands offered for record pending the examination, which he shall cause to be made as promptly as possi ble; and if the brand is accepted the owner ship shall date from the date of filing. If Two Brands Are Similar, I .ant One Record . k ed Illegal The Secretary of State shall examine any evidence of brands or marks, or records thereof, which may heretofore have been made in the office of any register of deeds of this state, and any other evidence of sucu marks or brands which may be presented by the owner, and in any case, where a brand or mark is found which conflicts with one pre viously recorded, or which might in its use endanger the property of the party owning the brand or mark earliest of record, it shall be the duty of the Secretary of State to notify the party owning said brand last of record that the further use of same shall be illegal to the same extent as though it had never bee recorded, unless previously agreed upon by owner of such brands or marks and a Joint statement be presented to the Secretary of State by such brand owners. This said notice shall be given by letter. It is expressly pro vided that this enactment shall not in any way effect or invalidate the ownership of ani mals which were branded with said brand then registered previous to such examination and rejection, the object of this act being to make illegal and enjoin from the further use of aaid brand. Browght In for Grazing, Bear Distinguishing Brand It shall be the duty of any person who, af ter the passage of this act, brings Into any county of this state and turns loose for grat ing purposes any herd brand or individual animals already branded, to lay before the Secretary of State a statement of the brands of said animals, and if said brands conflict with any previously recorded it shall be the duty of this owner or manager of said ani mals' to brand them with a brand that the Secretary of State shall consider a full And distinguished mark from all brands there re corded, but the owner shall be enjoined from farther use of the conflicting brand. A fail ure to comply with the provisions of this sec tion shall render the party so failing liable for all damages resulting from such failure, which damages may be recovered in a civil ' suit It is further provided that this section shall apply to all animals now in any county in this state whose brands are considered by satd Secretary of State to Infringe on previ ously recorded ones. Brand to Be Rejected In deciding as to the conflict of brands, the Secretary of State shall reject any that, being the same as one previously recorded, hat In addition, any of the following, whether plac- Ad across, above, below, at either side, or en circling the main brand, vis: A straight bar. a onarter. half or entire circle, a quarter, J alf dr entire diamond, either upright or ill- Fitzsimmons-Peirce-Frick Live Stock Commission Company ioo PER CENT SERVICE Send for Our Weekly Harket Bulletin THE LIVE WIRE Sioux City, Iowa Cattle Salesmen: E. L. FITZSIMMONS FRANK FRICK R. E. BERN IIog and Sheep Salesmen: HOWARD G. PEtRCE II. J. CHITTENDEN If you want the very best results when you have cattle, hogs or sheep to market just consign them to RICE BROS. --at- Sioux City Chicago Kansas City -. The Home of "Service That Serves' Every Shipper knows the importance of a light shrink . The Iowa Commission Company Lire Stock Commission Merchants ' ; 227-229 Exchange Building, Sioux City, Iowa . 1 have their Yard Location right at' the Scale Gate, and are in a position to weigh whenever the cattle are ready, and as they go direct from the yards to the scales there are no long waits and heavy shrinks in the alleys. , OUR SALESMEN ARE COMPETENT AND EXPERIENCED Our Yard help is extra good, as we employ no "cheap" help nor young, inexperienced boys, and there is some one ALWAYS here to look after your consignmenton SUNDAY as well as week days. vs " Market Reports that are Reliable Our Hotto: Results, Not Explanations Cattle Salesmen : GEO. W. WAITT HARRISON .WAITT Hog and Sheep Salesmen: FRANK LAKE DAN LAKE WAITT & LAKE swck CommlSs Uv tear. PIONEERS "wis o OVER A QUARTER OP A CENTURY in the LIVE STOCK COMMISSION BUSINESS . on the SIOUX CITY MARKET MANY YEARS EXPERIENCE IN HANDLING: RANGE CATTLE All Cattle will be sorted for Ownership and sold on their MERITS BRANDS WEIGHED SEPARATE-GIVING EVERYONE INTEREST ED A SQUARE DEAL Our Specialty: BIG FILLS TOP PRICES : Hi v r ' I ; . y ( y STEELE, SIMAN &CO. Responsibility Over $100,000. CO TOM STEELE, Mgr. LIVESTOCK COMMISSION Cattle, Hogs and Sheep A GROWING BUSINESS BUILT ON A REPUTATION A GUARANTEE OF SATISFACTION A record of growth that appeals to the business man and ranchman. 1907 (first year in business) we handled Live Stock worth 630,411.63. 1914 we handled Live Stock worth $4,713,387.25. Strictly on commission by young workers with judg. ment under management of. one of the pioneer ranch men, cattle feeders and commission merchants of the Northwest. 1 FREE MARKET REPORTS FURNISHED. WRITE US . Our Work Will Please You ' SIOUX CITY, IOWA Satisfaction! Explanation! Which? If You Trefer the Former Let the "NEW FIRM" Handle Your Next Shipment Wagner, Garrison Abbott LIVE STOCK COMMISSION MERCHANTS r Sioux City, Iowa Experienced Handlers of Cattle, Hogs and Sheep verted, the same not constituting a true brand and rendering the owner of same brand liable to damages by Its use, earing only when one or more of these shall be filed by the own er of the first record of the main brand In which case It may be accepted. The Secre tary of State shall reject any brand formed by repetition of any letter, number or figure which shall have been previously recorded, if on the same side of the animals, the exclusive right of the first record to the letter, number or figure, and to repetition of it, being re-af firmed. He snail also reject all brands, known as solid brands, and all ear marks which shall remove to exceed one-half of the ear. A variation in the size of a letter, num ber, or figure shall not constitute a new brand and shall be rejected. A combination of let ters, numbers, or figures may be permitted though the same letters, numbers or figures may have been recorded, single or together, If in the Judgment of the Secretary of State said combination Is so different from any pre vious record as to constitute a new brand with no danger of Infringement. Brand Prima Facie Evidence of Ownership In til suits at law or in equity, or in any criminal proceedings, where the ownership of any cattle, horses, mules or swine Is involved the brand upon any animal, above named, shall be prima facie evidence of ownership of the person whose brand it may be; Provided, That such brand has been duly recorded as provided by law. Provided, further, That any ownertr owners of any brand or brands, mark, or marks may sell and transfer the same by an .Instrument in writing which sale and transfer shall not become effective until said Instrument shall be recorded in the man ner required by law' for the recording of marks and brands add for which recording a like fee shall be charged which fee shall be disposed of and accounted for in the same manner as fees for recording marks and brands. ' Penalty for Violation Any person or persons who shall violate or fall to obey the provisions of this act, or shall continue the use of a brand or mark ofter the same has been rejected by said Secretary of State or shall continue to use any brand or mark after the said Secretary of State shall have decided that the same conflicts with a previously recorded brand or mark, shall be deemed guilty of a misdemeanor, and upon conviction thereof In any court of competent Jurisdiction shall be punished by a fine of not exceeding one thousand f 1,000) dollars or by Imprisonment in the county jail for a term not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. Doe Not Impair Rlghta of Owners -Nothing In this act contained shall be con strued to in any manner Impair the property rights of owners of live stock in the state un der the laws heretofore In force. Butcher to Record Marks and Brands Any person now engaged or who may here after engage In the business of a butcher in the state of Nebraska shall keep a record of all branded beef animals he may slaughter, give age, sex, marks, and brands, of whom purchased, and date of said purchase, wbieh record shall at all times be open for public inspection at bis place of business. Exhibit Hides It shall be unlawful for any person or per sons who occasionally slaughter cattle or beef to offer for sale said beef without exhibiting the Hide or hide 6t sweat beef at the time and place said beef is offered for sale. And It is provided, further, that the brands on the hide so exhibited must not be changed, mutilated or destroyed. Keep Hides for at Least Three Days All persons other than butchers, who oc casionally slaughter cattle or beef, for home consumption, shall keep the hide or bides of such animals so slaughtered for a period of not less than three days, subject to inspection by any person or persons. Keep Record of Branded Hides Bought All purchasers of hides shall keep a record of all hides of neat cattle purchased by them, which record shall state the name or names of the person or' persons from whom purchas ed, their place of residence, the date of pur chase and all marks and brands on said hides, which shall at all times be open for the In spection of stock growers, their agents, and employes. Provided, That the provision of this section shall only apply to branded hides. PENALTY V Any person who shall wilfully violate the provUioiu of this act or wilfully neglect or refuse to do any act herein required shall be guilty of a misdemeanor and on conviction shall be punished by Imprisonment In the county jail for a period not exceeding; three months or pay a fine not exceeding; one hun dred dollars. ALTERJNO EAR MARK, OR BRAND If any person shall wilfully and maliciously alter or deface any artificial ear mark or brand, upon any horse, mare, foal, filly, mule or ass, sheep, goat or swine, cow, ox, steer, bull or heifer the property of another, every person so offending; shall be fined la any sum not exceeding; fifty dollars, and be liable La treble dttsnngee to the party Injured. 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