Brands Act 1878 (SA)

No. 111.

[,isscntccl to. 80th S ovcml~er, 1878. j

HEREAS it is cxpedicnt to provicic for tllt: rcgistmtiou of I'rrnmt)'c.

brands used in branding hors~s. cattle: n11(1 slmp---'f2c it,

Enacted bp the Governor of the i ' ror inco of South Australia, by and with the advice and consent of tlle Legislativcl ( h n c i l ancl lIonsr of Assrmbly of the said province in this prcscnt 13;11-lia~ncnt nsscnrblc:l. as follo&:

PART 1. ART -- I. -

I. So much of section 17 as relate, to the Inspector serving a ltepcnl of wctions 1 7 (in part), 18, 19,

notice upon thc orviler of imported stock, reqniriiig the bmi~d, sex. :(,, ,,,, 22, 2:3, 2*, a,,t,

Il l -A

ancl nge of each of the cattle; and the penalty for non-cotnpliuuce 2 i of	of M ~ O.
within fourteen days of the deinanrl, ancl sections 14, 19, 20, 21, 22, 23, 24, and 23 of -4ct Xo. 5 of 1810, being " An Act to Regulate the Slaughtering and Prevent the Stealing of Cattle," ;rrc hereby repealed: Frovidcd that not,hing herein contnincd s ld1 affect the validity of any act or thing lawfully done or made undcr the sail1 sections hereby repealed or any of them.

2. The following t e r m in inverted commas shall, for the puqmses Definition of terms

of this Act, bear the n~eaniogs set against them respectively, unless 'lsefin this Act.

the context sh l l otherwise indicate:

b'Brand"-Any letter, figure, sign, mark, or cheractcr impressed or

intended to be impressed upon any stock:

((Brand Directorv"--The list of brands to be compiled by the

Registrar of Brands, and published by the Government

Printer, in pursuance of this Act:

L Cattle"

2 41' & 42F VIC'l'ORIa, No l i l. - ,, -"--W

.. -

B~a?rc% &f.-1878.

.a- . -

, .

~'AB'P I.	cattle"--Any one or more eamele, buns, cowe, oxen, heifers, steers, or" calvers :
U Distinctive braad or mark"-Any brand, other than a registered

brand, which the owner is empowcxcd by this Act to brand upon the neck, cheek, horn^, or hoof's of any horses or cattle to denote thc ownership of the individual mmenlbcrs of a family, or a partnership where a general fnrnilj or partner- ship brand is used, or to mark the &ss, agc, or description of horses or cattle, or any other circumstance which the owner may require to mask, or any mark or cut upon the ear

or dewlapeof any cattle, or any mark or cut upon the ear of

any horses:

bcDrover"--Any person driving, or in the possession or charge

, of any travelling stock:

Horse "-Any one or more horses, mares, geldings, colts, fillies,

asses, or mules:

'* Inspector ''--The Chief Inspector, o: any Inspector of Sheep

already or hcrcaf'ter to be appointed, or any Inspector or

Sub-Inspector of Brands to be appointed under this Act:

*'Owner"-Any proprietor of stock, or his ngent, manawr, 9 or

overseer, or any pcrson authol.isecl to act, or usu~lly	acting on
the proprietor's behalf:

i6Register"-The r~gistcr books kept in pursuance of this Act,

containing a list of tht: brands of horses, cattle, and sheep

registered thereunder:

Registrar "-'lh Regiskar of Brands, or any Deputy Registrar

of brands, under thxs Act:

Bun " -Any run, station, farm, or place where stock we placccl

or depastured:

"Stock"--Any one or more horses, cattle: or ally sheep or

goats, as defixled by this Act, of any agc:

'cSheep"--Any one or more rams, CWCS, wethers, lambs, goats,

or kids:

"Travelling Stock"--Any stock taken or driven, or about to be

taken or driven, to any place more thtll~ five II&S dist8,nt

from thc run upon which they werc dcpastured p~evious	to
starting.

PART 11. PART 11,

ZNSPECTORS OF BRANDS.

r wtur of 8h.m to 3. The Chief Inspector of Sheep for the P~ovince of South

b 3 D P, , t G k w of

Brands.	AugtraZin shall be the Chief 1 nspectos of Hrarida undt r the provisions of thia Act, and all other ~u&ctora of Sheep appointed st the time
of the passing of this Act, or thermfier to be appointed, shall be

Inspectom

* W ? ..

41" & 42" VICTORIB, No. 111. 3

Brands Act.-1878.

PART 11.

Inspectors of Brands uuder this Act: Provided always, that the + deerued'advisable.

4. Every inspector is hereby crnpowwed to cntcr upon any land or Power of inspector to

premises in order to inspect any stock or branding iron or instrument prope*g.	enter on runs and
for branding, and to take possession of and drivc away any stock in respect of which the owner has cornlnitted or may be committing any breach of this Act, and, where necessary, to employ any person or persons to assist him in carrying out the provisions of thia Act. And any person hindering or impeding, or attempting to hinder or impede, any inspector in the executim of his duty, or refusing to produce any branding iron or instrument for branding, or to permit such inspector to inspect any stock or branding iron or instru- ment for branding, shall for cvery such offence on conviction forfeit
and pay any sum not exceeding Fifty Pounds.

YAZt'l' 111. P A ~ T xu.

BRANDS AND BRANDING IRONS.

5. Every owner of horscts or cattlc may within six months after Owners to register brands within six

the coming into operation of this Act obtain from the Chief Inspec- months,

tor of Brands a certificate of the registration of any bmnd which such awner may select pursua~lt to thiq Act for the purpose of branding his horses or cattlc with a brand distinct from that of owners of other horses or cattle. Any owner of liorscs or cattle who shall after the expiration of six mont;hs from the coming into operation of this Act brand or permit or allow or suffer to be branded any of his horses or cattle with any braad (unless as herein- after provided) in respect of which he shall not previously have obtained a certificate of registration as hereinbefore provided shall for every such offcnce incur ;1 gcnalty of not. less than Fifty nor

P more than Two Hundred Il'ounds.

6. Everv horse or cattlc brand registered as is by this Act provided ~; ; $ ~ u; ~ ~; ; ~

shall cons<st of not more nor less than one letter hnd two figures or ~,t.

*

of one sign or character and two figures, and the shape or p&ern of such letters, signs, or clraracters and of such figures and their arrangcinent shall be fixed and determined by the Registrar of Brands, in such positions as hc may decide.

7. One horse and cattle brand, and no more, shall be allowed to only one bmnd to be

each person, unless lle is the proprietor of more runs than one not person.

allowed to each

adjoining each other, when he may, in the discretion of the Regis-

trar, be allotted one brand for eadlof such runs.

8. Every person possessed of both horses and cattle shall use the :;yr$,f;n:"mea

Bame brand for horses as he uses for cattle: Provided that the length of brand for

brand used for horses shall not be less than one and one-quarter

P inches, and the brand for cattle not less than two inches in length. 9. All

horses and cattle

istinetive brands as he requires.

b ~ d t o 10. Every person, before 11sing any distinctive bmnd on horses or

cattle, shall intimate his intelition of doing so, in writing, to the Registrar, forwarding the fees as provided in the Fourth Schednle hereto, and the Registrar shall register the said brand it1 a book to be kcpt by him for that purpose; but he may, in the case of two or more owners intimating the same distinctive brands, allot such modi- fications thereof tc) one or more owners as shall mnder such brands dissimilar: Provided that no distinctive brand shall he allotted to any person who is not the owner of' a registered brand.

Fkd b~mder mty

imprint stud or herd- 11. Notvvitllstandirig anything to the contrary contained in the first registered brand opoli any horses or cattle to itnprin t any figurcs nndcr his registcrcd brand for referonce to m y stud or herd-book containing a description of such lwrscs W* cattle. Hut such fjgures s l d not be inqrintul. at rt less distuuce t lwi one and a-half uor more than two and a-half inchcs from and dil~octly uilderncnth such registered brand.

~ O O S C	numhers undw	C ~ H I I S ~	9 it shall bc lil~vf~11	for the bre'eder or person imprinting the
his

Panalt~ 't,~cxrllof 12. Any p ' s o n who s l ~ l l fail td comply with or act i11 contraven-

above sections for

usinghrimilnotiks~~ed tioil of any of the provisions of the s c v ~ n preceding sectioils hereof,

to U&. or who shall use, 01- nttrmpt to we, or k&wioglv &rmit to be o s d,

any branding i~istr~unrmt by xhich any branil c h e r tlinn the bmnd

or' brands which he is eutit!cd to usc as hereill provided, may be imprcssecd up011 stock shall, oil conviction for evcry such offence,

forfeit and pay any sum not exceeding Fifty Tonncls.

liEGI8'l'R.4'l'IOPJ OF BRANDS.

Re~iutrar nlkd I - ) ~ P u ~ Y 13. '1'11~ G O. V C I. I ~ illay appoint a Xegistrar of Brands and also,

Registrars of B~nnds. from time to time, one or more Deputy Registrars, whose acts, under

the direction of the Registrar, shall have the same force am1 effect

as if done by him.

Reglvter to lie kept. 14. rl'hc Registrar shall keep a itm t i le form of Part I,,

in the First Schedule hereto, of all brands allotted by virtue of tltis -4ct. and also a register in the form of Part II., in the First Schedule hereto, of id? sheep brands allotted by virtue of this Act,

1

Mode of abttbing	1.5, On and after this Act shall come into force, by proclamatio~l	in
brands.

the G~vemmmzl Guxette, any person requiring it brand for horses or

cattle

,L"-

* - -*>-.- - --

41" & 42" VICTORIB, No. 111, -

Brands Act.-1 878.

p------ ~

cattle shall deliver or transmit to the Registrar an ttpplication in the	PART	1v.
form of Part 1 in the Third Schedule hereto, accon~panied by the fees as provided in the Fourth Schedule hereto: And the Registrar shall allot to such applicant the brand so applied for, if the same shall not have been yrevionsly allotted; and if thc same shall have been previously allottcd the Rcgistrar may allot to such applicant such brand as hc may deem advisable, and he shall thereupon ~.e,nister
the brand to such applicant accordingly in the form of the First Schedule hereto, as the case map require; and the Registrar shall also mark upon the said application the design of the brand allotted to such applicant,

16. Any o?vncr of shecl3 may n1)ply to t11c Chief Inspector of owner n~ay register

Brands for a certificttte of the registration of any pitch or paint brand for sheep. hrand which such owner may be desirous of using for his sheep.

17. Every application to regibter n brand for sheep shall bc in FOWI of npplio EL t. ion.

tllc form proviclcd in Yart 2 of the 'l'ltiird Sclicdulc hcrcto, ailcl shall

be acconll~snicd by a fee of Twenty Shillings.

18. 'l'hc Registrar 51~11 1i;tvo 1)o\wr to wf\~st: any ;~~)~) l ic; l t io~l for l'oncr to leiuse to register.

a certific:ate of registration of brimd \vlmie~.ct. 110 may i n llis

discretion see fit: Psovidctl that thc Itcgistrar s !d l allot a brand

in lieu of the brand so rcfnscd.

20. Upon the rcy$strntion of ally hmnd as ;~formnitl thc ltcg:.istrar Cer$fio:~to of Begis- t ration.

shall deliver or trarisnl; t to alq)lic*an t to wllom such b ~ m d is

:tllotted, a certificate of tlic rcgistrz~tioll tliewuf in tlle forrii of the

Second Sclledule hereto.

21. person mllo shall brand, or clircct, aid, or assist to bl*alld, ~ + l t y brand which shall rcgisterccl brand.

for i ~ ~ i n g nn-

any horses or cattle otl anv position thcrcof with : L

<

not liave beell rcyjstert:tl 111 ncwldilnce wi ill this .l ct shall, d11 con- viction for evtrry such offence, forfeit and 1)ay ally surn not cxcceding Fifty Pouncls.

22. The Kegistrar shall at the cnd of evwy qu:trtt.1*, or so soon Qunlterlystntorneritof

thereafter as possiblc, transmit to the Governmeut Printer for puhli- ~ f ~ ~, " ~, " i ~ ~ ~ ~, . ! ~ ~

cation in the Go~enrment G(~zettr, a statement, in the forins in tlic Drands Directory to

Fifth Schedule hereto, of all brands respectively registered under be p~iblished yearly.

tilis Act up to the last d i ~ y of such q u ~ t ~ r, and &C names and ad-

dresses of their respectil-e owners. And frorli such quarterly publi- cations the Registrar shall, so soon as possible after the 31st DC- cembe~ in each pear, cause a Brand Directory, containing all the

brands

prim"'imie evidcnce of thc matters, statements, and things cbntai'ned

therein,

PART V.

TRANSFERS.

Memorandum of	23, Any persori wishing to transfer the ~ g h t	to any brand
traasfer to be trans-

mitted to Regi3trar	registered under the provisions of	this Act, and the person to whom
who shall cancel

original re@atration	such right is intcnded to be trausferred, shall make and sign, in the
and re-regrster new	.L presence of s magistrate, a mcmoranclum in the form set forth in the Sixth Schedule hsrcto, and shall transmit the same to the Registrar of bands, together with the fces rhargrztblc on such transfer as set forth in the Fourth Schedule hereto. And the Registrar shall, upon the receipt of such rnernorandum ancl fees r anc~ l thc original registration of such brand standing in the name of the transf~ror, and shall re-register such brand in the :mm of the transfewc:, and such transferee shall thereafter bc deemed to be the person having the ex- clusive right to usc such brand as aforesaid.
Rcgigiatrar to %cop	24. '1 he Registrar shall 1rcq1 a book in which all such transfers shall be recorded, and he shall notify the sarnct as they occur in the Gocenmmt Gmetie immediately af icy the qunr terly fitirtrrnents of brands registered.
transfer book.

PARP TT. PART VI.

RU1,ES OF BRANDING,

Order of imprinting 25. All brands shall be imprinted on cattle or horscs as follows,

brands, narncly:

(A.) Eveiy brand shall be imprinted on one or other of the

positions allotted in the Seventh Schedule hereto and in the

consecutive order therein indicated:

(B,) The breeder or person imprinting the first brand upon any horses or cattle may brand on any position he thinks fit; and the positim shall follosv in co~lsecutive order, position one succeeding position six:

(c, ) Every second or subsequent brand intended to be imprinted,

upon any horses ox cattle shall be imprinted on the next

-that is in accordnnw with t&e order of branding

A , prescribed by this Act :

(D.) Every

(D.) Every distinctiw brand shall be imprinted or made on the "a* T1*

neck, cheek, ear, dewlap, horn, or hoof:

*

And all horses or cattle shall be deemed to have been last branded with the registered brand which shall appear to be the last brand upon such stock ttccording to the order hereinbcfore prescribed; and any person failing to comply with, or offending against, any of the prorisions of this section shall, on conviction for every such offence, forfeit and pay any sum not cxcceding Fifty Pounds.

PART VII.

DROVERS.

26. Whenever the actual proprietor of any stock, or. the superin- owners of travelling dock to give waybill

tendent of' any such proprietor, in tends to act as the drover thereof,, deliver note to

he shall provide himself with a way1)ill in the form in the Eighth drover, duce same W omustpm- K when pro-

Schedule hereto; and if it is intended that any person other than the ,,,;, c&d on to d~

* "

a c h d proprietor or superinteident as aforesaih hf such stock shall act ~. w $; ~ $ ~ ~ ~

as the drover thereof, such proprietor or superintendent shall corn- ccrtiscatc may be ob-

dete and deliver to such person a deliverv-note in the form in the	l-.
B inth Schedule hereto; and any magistrate or inspector, or member of the police force. or overseer of run may inspect any travelling stock, and compare the 1)raxds tlwreof with the brands set forth in any such waybill or (delivery-note, and the clrover thereof shall, on being requested so to do, snbmit the stock in his charge to such inspection accordingly, and phall when required produce his waybill or delivery note as the case may be: Frovidod always that should the waybill or delivery note of :-my snch travelling stock be accidently lost or destroyed, thc drover in chdrge thereof shall forthwith apply in writing to the nearest justice of the peace, inspector, or to the officer in charge of the nearest police station, for m interim waybill or delivery note as the case may be; and such inspector or officer shall, on satisfactory proof of such loss, grant an interim waybill or delivery note, for such stock in the form in the
interim waybill or delivery note pay to such justice of the peace, Tenth Schedule hereto; a,nd the person so applying shall, for such
inspector, or officer the sum of One lJound. Any proprietor or drover failing to comply with any of the requirements of this section, or failing to assist in the inspection of such stock, shall on con- viction for every such offence forfeit and pay any sum not exceeding Fifty Pounds.

27'. Any magistrate, overseer of run, inspector, or member of palice hdoraement of wny-

force inspecting travelling stock as aforesaid, and being satisfied with "l.

the correctness of the waybill or delivery note thereof, shall endorse

such waybill or delivery note with his name, designation, and address.

But should any H U C ~ travelling stock ilot be fully and accurately de- ~ ~ ~ ~ ~ ~ ; ~ ~ f

-

scribed in any such waybill or delivery note as aforesaid, or and penalty imposed

satisftictorily accounted for to the satisfaction of such magistrate, 'pon

inspector, or member of police force, then such magistrate,

inspec tor,

/"

as 2s not fdly and aceu&tely described, to be impounded in the pound nearest to the place where the said inspection was made in the direction in which the same are travelling, unless such pound be double the distance from the ncarcst pound, in which event the game shall bo driven to the actually nearcst pound, and kept therc at the expense of the proprietor of such stock until claimed by him or some pcrson duly- n&horised on his behalf, and until the requirements -of this A& with respect thereto shall have been coinplied with, and a waybill or delivery note fully and accurately describing suck travelling stock shall bc producccl ancl shown to the

Owner, when he	kccpcr of such pound:	Provided always, that such stock shall not
claims stock, to pay

poun lngo-fees, &c.	bc delivered to the proprietor or d1d.i; authorised person claiming thcm on his behalf until he shall have ' p i d the powdage fees and all other cllarges and disl~urscrnents incurred in respect thereof, which amount any l)roprietor may recoyer from any rlrovcr i11 charge, if
Proprietor or drover
may in certain eases	such prophetor ],rove himself hlamelcs~: And any proprietor or
be ~pprehended.	drover ha&g in his chargc or possession stock not fdlv and accn- ratcly tlcscrihcd itr RIXCE~ ~~.r?vbill or ddiwry uot~', or who does not yrodkrr the same when ~illiod 011 as do~eiaid, or any person PUG
Penalty for p11 -	chasing or receiving from such proprietar or clrover any stock not
chasing stock incor-	described or incorrectly described in aily such waybill or dclivcry

lsctly t)escribnd ill

Ivay-billor t lc ivcr~	note, or from any clrovcr selling ~~i thoi i t	producing a written antho-
note.

rity from t h ~ actual owner of such stork to st.11 or otherwise clisposc of the same, shall, on c.mvirtion for ewry surh offence, forfeit and pay any sum not cstwdilig Fifty Fonncls.

PAIiT VIII.

i\i[XSCEI,T,ASEOTTS.

Dintinguiahing brand 29. The ltegistrar of Brands shall idlot to each public pound

to bt. w e I by C H C ~

public youpi.

throuo.hout the provinrc, ]low c3stat)lished, or which may hp hereafter estab&hud thmin, n bmnd for such public pound, in such form as -the lleg'istrar inay thirlk fit, and shall register the sanlc accordingly; ant\ the keeper of such public pound shall, on the sale of any stock impounded in such public pound, brand the same with such brand on the position and in the order prcscribcd by this Act, in s~zch

manner as to show that the said h a n d is the last brand imprinted

at that time on such stock. And the poundkeeper who shall fail to

comply with the provisions of this section of this Act. shall, on

conviction fot every such offence, forfeit and pay any snm not,

exceeding Fifty Pounds,

30. When

80. When any horses or cattle are impounded, the poundkeeper shall forthwith send notice thereof to the owner of the brand, which ~oundkeoper PART w l I +

to give

notice of impounded

shall appear last in order on such horses or cattle as by this Act ,	,	,	,
provided. When any sheep are impounded, the poundkeeper shall forthwith send notice thereof to the owner of the brand with which such sheep shall be branded, and if such sheep shall be unbranded to the supposed owner thereof, and when the poundkeeper has any reason to suppose that any stock impounded belong to a person other than the owncr of the brand with which such stock are branded, such

poundkeeper shall, in every such case, send notice of the impoui~ding

both to the owner of such brand and the supposcd owner of such stock; and every poundkeeper who shall neglcct or delay to send any notice required to be sent by this scction shall, on conviction for every such offence, forfeit and pay any sum not exceeding Twerlty Pounds.

31. If any person shall wilfully brand any stock of which he is Per~ons branding

not the rightful owner, or shall wilfully cause, direct,, or permit any ~ ~ ~ $, ~ ~ ~ ~ $ ~ ~ &,

stock of which he is not the owner to be branded with his brand,

such person shall, on conviction of every such offence, be liable to be

imprisoned for any term not exceeding two years.

any mixture of a red color upon the rump, except as required used for shecp. 32. No person shall brand any sheep with any letter or mark with Red brand not to he

under ,4ct No. 19 of 1859, or as instructed by an Inspector of Sheep. Any person branding sheep with such color upon the rump for any other purpose, shall be liable to a penalty&ot excceding Fifty Pounds for every sheep so branded.

34. Any person who shall wilfully hlotch, deface, or otllrrwjse render illegible or alter any brand upon any stock, or wilfully direct, or ficfaciw bmnds. for blotching

cause, or permit any such brand to be blotched, tl~faccd, or other-

wise rendered illegible or altered, or s i d l wilfully mark, or ci~usc,

direct, or permit any stock other than sheep to bc marlrcd on thr ear or dewlap by cropping or cut,ting off the whole or part of thc

car by a straight cut, sllall, on conviction for every such offcncc,	forfeit and pay any sum not exceeding Two Hundred nor less than
Five Pounds for every head of stock on which the brand shall have been so defaced, blotched, rendered illegible, or altered, or on which the ear or dewlap shall have been cut or cropped contlary to this section, or shall be liable to be imprisoned for any term not exceeding .six months.

34. Any cattle or horses bearing only one brand which shall have stock on which brand

been ~ i 1 f - h ~ altered, blotched, &faced, or rendered illegible, :con- has altered been or wilfully blotched to

trarv to this Act, shall be held to be unbranded, and mav be im- be held to be

pouhded by any justice, inspector, or member of 'the police force;

and all such stock shall bc dealt with in the manner set forth in

the Act or Acts at that time in force to regulate the inlpourlliing of

stock.

35, Any

4L0 & 426 VICTORIB, No. 111. - ,---

Brands Act,--1878,

PABT vrn.

-, 55. Any person who shall destroy, deface, uc alter any carmnrb

moppha	or be party to the destruction, defaoement, or alteration thercof, or who shall crop or cut the ear straight across, or slice off by s straight cut any part of the ear of any sheep, or who shall make an earmark on sheep exceeding half an inch in length, width, or diameter, a h d l, on conviction, for every such offence incur a penalty not exceeding One Hundred Pounds, m r less than Pivc Pounds, for every ~heep 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 labor for any period not exceeding eighteen calendar months.

Punishment for forged

or false registrations, 36. Any person who shall knowingly and unlawfully insert, or

or otbor cause, or permit to be inserted any false entry of any matter

matter in thie Act

relating to any brand in any register, certificate, brand directory,

referred to.

quarterly staternerrt of brands, waybill, or delivery note, or in :my extract from any regist er, certificate, byad directory, or list, or statement of brands, waybill, or delivery xote, or who shall forge, or alter, or shall offer, utter, dispose of, or put off, knowing thc samc to be forged or altered, with intent to defraud any such register, certificate, directory, statement, way bill, or delivery note, or any extract therefrom, or that which purports to be such extract or entry, or delivery note, or who slrall wilfully and unlawfully destroy, deface, injure, or alter, or cause to be destroyed, defaced, injared, or altered, any such brand, register, certificate, directory, statement, waybill, or delivery note, extract or entry, or any part thereof with such intent, or who shall knowingly dnd wilfully with felonious intent use the brand of any proprietor without his authority, shall, on convic- tion for'every such offence, be deemed guilty of a misdemeanor, and being convicted thereof, slmll be liable at the discretion of the Court to imprisonment with or without hard labor for any period not exceeding three years.

Not to affect mort- 37.

Nothing herein contained shall affect any mortgage or other relating to the mortgage of

gages under NO. 4 of

1866-6 security under the prwvisions of Act No. 4 of 1855-6, or any Act

stock, stations, or runs.

Governor may make 38, The Governor may from time to time make regulations not inconsistent with the provisions of this Act, for carrying into effect the provisions thereof in respect to any of the following matters or things, namely:

" regulations.

I. The powers and duties of Inspectors or Registrars of Brands:

rr. The mode of registering or recording brands:

m. The form of brands and distinctive brands, and the mode and order of branding and marking:

IV. The registering or recording of distinctive brands:

v. The driving of stock:

vr. The infliction ofipenalties not exceeding Fifty Pounds for the breach of any such regulations:

And

-- 41' & 42" VICTORTB, No. 111. -

BI-mds Act,--1878.

And all such regulations shall, when ~ublished in the ~ o u e r n m e a ~ PABT m r.

Gazette have the force of law, and the production of a paper purporting to be thc Govermnent Gsrxdte, and purporting to contain any such regulation, shall be yrimd fa& evidence of such regulation, and that thr same has been duly and properly made, and any penalty inflicted for the breach of any such regulation may be recovered in the same manner as if the same had been inflicted for a breach of the provisions or some one of the provisions of this Act.

39. The Governor may, by Prorlarnstion, divide the province into Brana Districts may

districts for thc purpose of this Act, and such districts shall be be deolarod.

definod in the Got:errrvm/t Gnzcbte onccb ewry yew, ailcl may be

altered or rescinded by the Governor as may be deemed desirable,

and such districts s h d i bc tcrrncrt a Brands 1)istricts."

LEGAL PROCETIURE.

40. All fines and penaltics for any oEmce against this Act may Fines against pro-

be recovered before any tvo or more justices of thc peace in a ~ ' ~ ~ r $ & ~ ~ ~ ~ ~

summary way, justices.

41. The proceetlings before justiccs shall be conducted as np- Proceedings before '

pointed by, and shall be r ~ p l n t e d under the Ordinance No. R of

1850, intitrded ' L A n Ordinancc to fiicilitatc thc perfot~nanct. of' the No. 6 of 1850.

dutics of ju.jtices of the peax out of session^ with respmt to

summary convictions an(d orders."

42. In every case of thc adjudication of s fine or pecuniary onnonpvment of penalties, &C.,

penalty under this Act, and of t11e noupnyment of such .fine or Justioesmay m.

penalty, any special magistrate or two justices of the peace may 1)"i"o".

conmit the oRendcr or persun rnaking defi~ult in paymcnt to any

gaol in the snid province for any time not exceeding six calendar

months; the imprisonment to ccnsc on payrncut of thc sum ciuc, and

the costs of such proceedings as may have been take11 for the re-

covery thereof, but this section shall not affect any remedy under

the said Ordinrtnce KO. 6 of 1850.

4 3. For rhc purposes of any prosccuticm or aciion under this Act, Brandprim4 fa&

a registered brand upon any liorsce, cattle, or shccp shall be prinzd evidence of ownership.

$hie evidence that the horses, cattle, or sheep bearing such brand arc

the property of the owner of thc registered brand which has bee11

last imprinted in accordance with the provisions of this Act.

44. Upon the trial of any person charged with stealing any cattle, Jury may take brand into consideration in

horses, or sheep, the prosecutor for the Crown may bring evidence a.1 er , Bte ,

of the brands on such cattle, horses, or sheep, and the jury may take cattle, horses, or	such evidence into consideration in determining the question of the sheep.
ownership of the cattle, horscs, or shecp alleged to have been stolen.

Justices may commit

45. If the justices before whom any person shall be brought fortdel, and jury

charged with any offence punishable under this Act shall be of may find PW of offences p d h a b l e

opinion by fine.

22

r 41' & 4%' VICTOBI&, No. 111.

Brands Act.---1878.

... -, ----p---

, P ~ m	PIflo	opinion that such person has been guilty of a misdemeanor or felony, 1.t shall be lawful for such justice to abstain from adjudicating in a summary manner thereon, and to commit any such person for trial befme the Supreme Court, And if the jury upon the trial of any such person shall be of opinion that such person did not commit the misdemeanor or felony with which he is charged, but did commit one ofthe minor offences punishable under this Act by a fine or fines, it shall be lawful for the jury to acquit such person of the misdemeanor or felony, and find him guilty of such minor offence or offences; and the pre~tiding judge shall thcre- upon inflict the penalty or penalties by this Act provided for such offence or offences,
to oficer8.	46. All actions and prosecutions to be commenced against any person acting in the execution of this Act, for anything done in pursuance, thereof shall be commenced within six months after the first committal, and not otherwise; and rlotice in writing of such action and the cause thereof shall be given to the defendant one calendar month at least before the coin1:lencement of the action; and in any such action the defexzdaat may plead the general issue, and give this Act and the special matter in cvidcncc at any trial to be heard thercon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a suficicnt sum of money has been paid into Court after such action brought; and if a verdict shall pass for the defen-
dant, or the plaintiff shall have become norisuited or discontinue any
such action after issue joincrl, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall receive his full costs of suit as between attorney and client, and have the like remedy therefor as any successful defendant hath for costs
in ot>her cases.

Commencement of 47. This Act shall come into force on and after a date to be

Act.	narncd, not being less than three months, in a Proclamation by the
Governor to be published in the Government Gazette.

8hort title.	48. This Act inay be cited as the L'Brands Act, 1878."
I n the nanle sad on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. URUMMONI) JERVOIS, Governor.

- 41" & 42" VICTORIJi, No. 111. 13

Brat2d.s Act.--1878.

THE FIRST SCHEDULE.

Brands Act, 1878.

Part I.

. - -

Former brands. Proprietor.

.-W

Brands regis- No. of

tered. Certificate. Nearest post

IIoraes. Cattle.

I is to 10 used. town to run.

--F	---	- -,	-IC_
Proprietor.

N~unbcr of

Shsrp brand Sheep at time of Run

ayplioation. Nearest post

Kaine. where brand is

to be used. town to Tun.

'I'HE SECOND SCHEIIU LE. Brands Act, 1878.

No. Purt I.-Certiyficate of ltegiutration. [Date.]

This is to certify that the brand mentioned in the rnargin hereof was this day duly registered as the brand of	,	in the !erms of the
above-named Act.

Kegiutrar,

Brands Act, 187 8.

No. . Part 11.-Certzjcnte of Eeyistl-ationb. L1)ate.l

This is to certify that the sheep brand mentioned in the margin hereof was this

day duly registered as the bratid of	,	in the terms of the
above-named Act.

Registrar.

THE

14 41' & 4P VIC"CI)RII"E, No. 111.

- B ~ ~ w d s A ~ t. - 1 8 7 8.

THE THIRD SCHE-DULX.

Brands Act, 1878.

Part 1.- AppZZca:aticita for Brad. [Date.]

'KO the Registrar of Brands.

Sir- enclose here ,vith the authorised fee of 208., and request that you will

allot and regieter a brand to

Horses. Cattle.

Post Former brand Former brand

, Name 8x11 or farm

of 2 (to he described

Applicant. brand is to be j of farm or in writing ae, in lvriting

used. l well as by as well as by

l diagram.)

--- -

I

1, , solemnly declare that ?he several matters and things con-

tained in the above application are true to the best of my knowledge and belief.

Applicant.

Signed at the day of , 187 .

A lifit of cornhinations of one letter and two figures is here appended, and

request that you will allot a brand containing the first, available com-

bination in the consecutive orl!er of suck. list standing unallotted in the Register.

Brands Act, 1878.

Part 11.-Application of B m d. Pate 1

To the Registrar of Brand?.

Sir - enclose herewith thc authorised fee of 20s., and request that you will

allot and register a brand to

Run or farm Number of

Name of Description of upon which the Port Address Sheep

Applicant, Brand. brand is to be of run or farm. a t time of

used. application.

1

, in the Province of Bouth Australia,

, solemnly declare that the several matters and things contained in

the above application are true io the best of my knawledg and belief.

Applicant..

Bigned at the day of , 187 4

THE

" *

41" & 42' VIGIORIAE, No. 111,

THE FOURTH SCHEDULE.

Schedub of Fees to he collected under Brands Act, 1878.

For every first registration of a brand, 20s. (twenty shillings). For every transfer of a brand. .. . 208. (twenty shillings). For every sign or character brand,

other than a brand of letters or

figures required to be registered. . 40s. (forty shillings.)

THE FIFTH SCHEDULE.

B m d s Act, 1878.

Part I.-lid for Gazette and Brands Directory.

Proprietor.

Brands re& No. of

bred. ?ert%cate.

1 Cattle. Name. Run brand where is to tow,n to post Nearest run

be used.

*OraeS. I

Part 11.-List jar Gazette and Sheep Brand Directory.

L Proprietor.

Bheq brand No. of at time of

registered. Certificate. application.

THE SIXTH SCHETIULE. Bran& Act, 1878.

Memorandzrm of Transfer.

To thc Regietrar of Brandrr---

I (or we) being the registered proprietor (or proprietors) of the brand men- tioned in the margin hereof, having transferred the same to do

hereby request that you will make the necessary transfer to of such brand in your register, and enclose herewith the sum of twenty shillings as

the authorised fees of such transfer.

Witness

Owner.

J.Y.

Tmrlferee.

THE

*

16 42" & 420 VICTORIX, No. 111.

Brads Act:-1878.

THE SEVEMTH SCHEDULE.

Brands Act, 1878.

Position md order of Grand on .Ernes. Poeidian and order of brand on Cattla. k.

First position - " Near shoulder."	First position-"	Off rump, hip and thigh."
Second ditto - " Near saddle," or "near ribs.''	Second ditto -"	Off ribs."

Tbird ditto -" Near quarter."	Third lit' a -- " Off shot~lder."
Fourth ditto -" Off shoulder."	Fourth ditto -" hear rump, hip and thigh.
Fifth ditto - L ' Off saddle," or off ribs."	Fifth ditto -'l Near ribs."
Sixth ditto -" Off quarter."	Sixth ditto -" Near shoulder."

THE EIGHTH SCHEDULE, a

Brands Act, 1878.

Proprietor 's Waybill.

I do solemnly and ~incerely declare that I am

the actual propietar (or the superintendent of the proprietor) of the stock named in the schedule below, consisting of (number in words) rattle (or horses) or sheep,

which are travelling from	to
by

Signed at this day of 187

Witness

(Signature)

Schedule rrferrrd fw above.

Numbers. Descriptioil, brands, arid marke of stock.

Superintendent or Proprietor.

'l'HE ETNTH SCKEIIULE.

Brands Act, 1878. Delivery ATote.

This is to certify that I have here this day delivered into the charge of as my drover the [state num8er in tuo~ds ] cattle (or horses)

or sheep'mentioned in the schedule below for the purpose of their being

by him to at , and such will travel

by and

Signed at , this day of , before

, Proprietor.

Witness -

Rehedule referred to above.

Number. Description. brand^ and marks of stock.

---

.-.. - - -- -

a

, Proprietor.,

Witness--.

THE

41' & 42" VIC'rORT,B, No. 11 1. - -- - - - -. p----- - - - - - --

Brands Act.-1878.

- - ---

THE TENTH SCHEDULE.

Brands Act, 1878.

Interim JVaybill /or Delivery Note).

18 .

I t having been represented 10 me that the drover of the

[state t~under in K O P ' ~ S ] cattle (or horscs) or sheep belonging to

mentioned in the schedule below, has accidentally lost his Waybill (or Delivery Note) while travelling from to, this interim Waybill (or Delivery Note) is hereby granted to such drover of such cattle (or horses) or sheep for the route and destination herein mentioned.

, Inspector or Member of Police Force

Schedzch above referred to.

I I

Numbcr. Description. 1 Brands and marka of s!ock.

i

-- -1

I

, Inspector orlMetnber of Police Force.

-. -

Adelaide : By authority, E. Spiller, Acting Government Printer, North-terrace.

I l l-c