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BRANDING OF STOCK ACT.

ARRANGEMENT OF SECTIONS.

   Section

   1.   Interpretation.

   2.   Registrar of brands and inspectors of brands.

   3.   Register.

   4.   Application for brand.

   5.   Certificate.

   6.   Form of registered brand.

   7.   Number of brands limited.

   8.   Size of brands.

   9.   Imprinting of brands.

   10.   Publication of registered brands.

   11.   Brand directory.

   12.   Transfer of registered brands.

   13.   Transfer book.

   14.   Certificate of transfer.

   15.   Surrender of brands.

   16.   Disused brands.

   17.   Interval before reallotment.

   18.   Poundmaster must brand all stock sold out of pound.

   19.   Brands of the department of veterinary services and animal industry to be registered.

   20.   Use of distinctive marks to identify the ownership of stock.

   21.   Registrar may prohibit the use of certain distinctive marks.

   22.   Dominant letters of districts or areas to be applied to the brands registered in the districts or areas.

   23.   Butchers' and auctioneers' books.

   24.   Stock with defaced brand not to be sold or slaughtered without notice.

   25.   Preservation of hides.

   26.   Inspector may enter any holding or place where stock is kept or slaughtered.

   27.   Inspectors to keep copy of brands and permit search in directory.

   28.   Notice, how given.

   29.   Sale of branding instruments.

   30.   Fraudulently branding the stock of others.

   31.   Using unregistered brands.

   32.   Defacing brands.

   33.   False entry in register, etc.

   34.   On trial for theft of hide or stock, brand to be prima facie evidence of ownership.

   35.   Manner of proving right to registered brand.

   36.   Presumption against mutilator of brand.

   37.   Other offences and penalties.

   38.   Rules.

      First Schedule   Brand register.

      Second Schedule   Application for brand.

      Third Schedule   Certificate of registration.

      Fourth Schedule   Memorandum of transfer of brands.

      Fifth Schedule   Certificate of transfer.

      Sixth Schedule   Dominant letters.

CHAPTER 41
THE BRANDING OF STOCK ACT.

Commencement: 1 January, 1918.

   An Act relating to the branding of stock.

1.   Interpretation.

   In this Act, unless inconsistent with the context—

   (a)   "brand" means a brand duly registered under this Act and made upon any portion of the hide of any stock in the manner prescribed;

   (b)   "brand directory" means an authorised list of brands compiled by the registrar of brands and published by the Government;

   (c)   "branding instrument" means any instrument or tool, other than a branding iron, by which any mark or symbol can be impressed, imprinted or cut on any portion of any stock;

   (d)   "branding iron" means the instrument prescribed for imprinting a brand or mark on stock;

   (e)   "cattle" means any bull, cow, steer, heifer or calf;

   (f)   "distinctive mark" means any lawful mark (other than a registered brand) which any person is empowered by this Act to mark upon any stock;

   (g)   "holding" means any farm or other place where stock is kept;

   (h)   "horse" means any horse, mare, gelding, colt, filly, ass, zebra or mule;

   (i)   "inspector" means any person empowered to act as an inspector of brands under this Act;

   (j)   "register" means the register book kept in pursuance of this Act containing a list of brands for stock registered hereunder;

   (k)   "registrar" means the registrar of brands;

   (l)   "residence" means the residence, house, homestead or dwelling of the owner of any brand or stock;

   (m)   "stock" means horses, cattle and ostriches.

2.   Registrar of brands and inspectors of brands.

   (1) The Minister may appoint an officer of the department of veterinary services and animal industry to be the registrar of brands, and such persons as he or she may think fit from time to time as inspectors of brands.

   (2) Every police officer, veterinary officer and inspecting officer shall be ex officio an inspector of brands.

3.   Register.

   The registrar shall keep a register in the form of the First Schedule to this Act of all brands allotted under this Act.

4.   Application for brand.

   (1) Any person requiring a brand shall deliver or transmit to the registrar an application in the form of the Second Schedule to this Act accompanied by a fee of 10 shillings for the registration of a brand; if no special combination is applied for, the registrar, if satisfied that the application is in conformity with this Act, shall allot to the applicant in the order in which his or her application is received the first unalloted brand standing in the register for the district or area in which the holding is situate on which the brand is to be used, and shall register the brand to the applicant accordingly in the form of the First Schedule to this Act.

   (2) Notwithstanding subsection (1)—

   (a)   the registrar may, at the request of the owner as aforesaid, allot another combination standing vacant in the register for the same district or area; and

   (b)   it shall not be necessary for a person who owns or occupies land in more than one district or area to register a separate brand in respect of each district or area.

   (3) A person referred to in subsection (2)(b) may select any one of the districts or areas in which he or she intends to use the brand, and may use the brand registered in respect of that district or area in any other district or area in which he or she shall keep stock.

5.   Certificate.

   Upon the registration of any brand as aforesaid the registrar shall deliver or transmit to the applicant to whom the brand is allotted a certificate of registration of the brand in the form of the Third Schedule to this Act.

6.   Form of registered brand.

   Except as otherwise provided by this Act, every registered brand shall consist of two letters and one numeral of plain and uniform pattern in an even and regular line, and the first of the letters shall indicate the district or area in which the holding is situate on which the brand is to be used.

7.   Number of brands limited.

   One brand and no more shall be allotted to any person in any one district or area.

8.   Size of brands.

   The size of the characters branded on horses, cattle and ostriches shall not be less than one-and-a-quarter inches in height.

9.   Imprinting of brands.

   (1) All brands shall be imprinted on stock as follows—

   (a)   in the case of cattle and horses, the first brand shall be imprinted on the near side of the neck or near thigh of the animal, and every second and subsequent brand shall, where there is sufficient space for the purpose, be imprinted on the same part of the animal, and where there is not sufficien

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