Brands Act 1879 (SA)

VICTO /EGINB.

PART I V.

Iilbhlu'YS FUli SIlEN1'.

16. Owncr Illay rrgister brnnd for ~llccp.

17. Form of applil:ation.

1 H. J'ower to rel't,.:~e to rc.gislt:r.

19. Only one lmnd to be rrllotted, except in raspnct of wparate and non-contiguous rLlIl8.

TR ASGF'ER AND ChNCELLKI'lOS

ld2-A

40. Il'ransfcr, how effected. XI. Cancellation of brands.

.iI'POlSTJIEST OF OFFICEILS.

6. Chic+ Inspector of Sherp to 11r Inycctor

and Rrgistrar of Brands.

7. Governor may appoint olEcw>.

21. Hegiatc~r to I ~ P kept.

PART 111. S. Qaart~~rly statement and Brand I)ireotory

BRANDS FOIL IIORSES AZ;U CATTLE. to bc pnldished.

2 4. Poondkc C ~ J C Y ~ to kccp copy of Directory

8. Provision for regi,stmtion of braiids fcr and G'nsrttm open for inspnction.

horses and cnttle. 2 5. Distinguishing brand to be used by each

9. Applicalion for brands, how madc.	public pound.
10. De.;cription of brands to 130 U-cd.
11. 01dy one brand to be allowcd to O,ILI~

pcrson.

l?. Same hraud to Le wed for h o r m ;rrvl

cattle.

13. Distincti~e brand luny be obtninecl on

application.

14. Order of iniprinting brands on h w e s or 26. 3'endty on owncr using unregistered

cattle. brand.

1.5. First person branding may imprint stud 27. Penalty for hranding on any position in

or herd-book nnmhers under hir regis- rmtravention of Act.

tered brand. 28. Per~ous

3 420 & 43- VICTOKIX, No. 152.

Brands Act.-1 $79.

38. Persons brancling dock not their pro- 43. Justices may commit for trial, and jury

perty may be imprisoned. may find offender guilty of offences

29. Penalty for blotchmg or defacing brands punishable by fine.

on horses or cattle. 44. Protection to officers.

30. Stock on which only brand has been 46. Commencement of Act.

wilfnlly altered or blotched to be im- 46. Not to affect mortgages under No. 4 of

pounded. 1856-6.

31. Penalty for uuauthoriscd person using

registered 'brand on sheep.

32. Red brand on rump not to be used for SCHEDULE OF FORMS.

sheep.

33. I'enalty for ear-cropping sheep.	A. Application for horse and cattle brands.
34. Punishment for forged or false registra-	R. Register of brands for horses and cattle.

tiona, directory, or other malter in this C, Crrtifimatr of registration of horue and

Act referred to. cattle brand.

3.5. Governor Inay make regulations. D. Application for distinctive brand for horscs

36. Treasurer authorised to repay excess iu and cattle.

registration fees paid under repealed Act. K. Position and order of rotation of hrands on

37. Power of inspector to enter on runs and horses ancl on cattle.

property. P. Applicntion for brand for shccp.

38. Pines for offences against A d recoverable G. ( h t i f i r a t ~ of registration of sheep brand.

before Justiecr. 11. itpplication for transfer.

30. Prncerdings to bc regulatcd by G of 1850. I. Certificdc of transfer.

40. On non-paymenl of pcnaltics, & C. , Justkcs J. Applicncion for cancellation of registration.

inay imprison. K. liegi,tw of hrands.

41. Appeal. L, Quzrterly statement and Brand Directory

42. Loml Coint of ,idclaidc may state case and record of transfers and cancel-

for opinion of Sup~e r r~e C o d. lations.

An Act to repeal the "Rrands Act, 1878," and to make

other provisions in lieu thereof for the Registra-

tion of Brands on Horses, Cattle, and Sheep.

[A5se;tzten' to, 25th October, 1879.1

HEREAS it, is expedient io repeal the ('Brands Act, 1878,"

and to make other provisions in lieu thereof--Be it therefore

Enacted by the Governor of thc Province of South Australia, by ailcl with the advice and consent of the Jxgislative Council and Housc of Assembly uf tllc said province, in this prescn t Parliament assembled,

as follows:

PRELIMINABP. PREI ,IR'IINARY.

short Title. 1, 'I'llis Act i ~ l i ~ y IE citcd for all purposcs as '. Thc Brands Act,

1579."

1)ivision of A C ~ into 2, This Act shitll bc divided illto seven parts, relating to the

parts.	following subject matters-
PART I.-Repeal and Interpretation, sections 3 to 5:
Paw 11.-Appointrncnt of Officers, sections G and 7 :
PART rm-Brands for Horses and Cattle, sections 8 to 15:
Pl\rs.r v. --'l'1.ansf(:r and Cancellation, scctions 20 and. 21:
Yn RT v1 .-Brand Directory and Pound Brands, sections 22 to 25 :
PAET V I I. -Offcnccs, Penalties, Miscellaneous ~rovisions,' and

Legal Procedure: sections 26 to 46.

YAR'L'

PART I. I'AKT I.

--

REPEAT, AND INTERPRETATION.

3. Thc " Brands Act, 1878," is liereby rcpcided. Rcpenl.

4, Such repeal shall not aflcct the \aliclity of an)- act or tllillg Sa!illq tl:ww.

lawfully donc or rrlidc undcr thc said Act, or p r w & ~ t any pcnnltf

being imposed, enforced, or recowred, or any pi~nishnient bcing inflicted for any offence heretofbre, or befbrc thc c.oming into operation of this Act, cornnlittcrl against the said Act, nor affect the rights of any person having registtwd any brand under the said Act hereby repealed, and every person having it rcgistererl brand under the said Act hereby repealed shall bc deemed to h a w registered the same under this Act, ~int i l hc shall hnvc giken written notice to the Registrar of his intention so to snrrenrln. the same for the purpose of obtaining a new brancl.

5. In thc construction of this Act, csccl~t wllcrc the subjcct or Interpretation clau~e

context or other provisions hereof require s diflcrwt construction, the following terms shall llave the respectiw meanings hcrcinafter assigned to them, that is to sq7-

" Brand " shall mean m y letter, nnmcrnl, sign, mark, or character

impressed or rnado, or intcndcd to bc irnprcsscclo~~	made, upon
any stock:

Brand Dkcctory " shall rilcaii tlic list of bl.itnd~ to be compiled by the Registrar of Brads, and publislwcl by the Gowrn- ment Yrintcr, in pursuance of this Act:

"Cattle" shall mean any orlc or nlorc camels, bulls, cows, oxen, heifers, steers, or calves:

Character " shall uean any mark irnprc.ssccl or madc, or intended to be impressed or made, up011 horses or cattle:

Distinctive brand or mark" shall rnean rmy brand other than n

registered brand, which the owner is crnpomcred by this Act	to brand upon the neck, cheek, or hoof of any horses or
cattle, or upon the horn or top of the loin of any cattle, to denote the ownership thereof, or to mark the class, agc, or description thereof, or any other circumstance which the owner may require to mark, or any inarlc or cat upon thc car or dewlap of any cattle, or any mark or cut upon the ear of any horses:

"Horse" shall mean any one or more horses, mares, geldings, colts, fillies, asses, or mules:

Inspector " shall mean the Chief Inspector or any Inspector

of Sheep already or hereafter to be appointed, or any

Inspector of Brands to be appointed under this Act:

"Owner" shall mean any proprietor of stock, or his agent,

manager, or overseer, or any person authorised to act or

nsnally acting on the proprietol-'S behalf: Paint "

42" 8 43' VICTOKIdE, No. 152.

Brands Act.-1879.

PART I. " Paint" shall mean tar or pitch or any sltbstance or mixture of

arly color, which may be used to brand or mark sheep

with, under this Act:

"Register" shall mean the register books kept in pursuance of this Act, containing a list of the registered brands of horses, cattle, and sheep:

"Registrar" shtd mean the Registrar of B~mds, or any Deputy

Registrar of Brands, under this Act:

Run" shall mean any run, station, farm, or place where stock

are kept or depastured:

bbStoclr" sllall mean any one or more horses, cattle: or sheep,

as defined by this Act, of any age:

"Sheep" shall meall any one or. more rams, cmcs, wethers, lambs.

goats, or kids.

PART 11.

APPOIN'l'RIENrI' O F OFFICERS.

Chief Inspector of

Sheep to be Innpector

6, The Chief Inspector of Shecp for the time being shall be thc

Chief Inspector and Registrar of Brands uidrr the provisions of this

and of

Brnnda.

Act, and all other Itispectors of Sheep appointed at the time of tlw

passing of this Act, or thereafter to be appointed, shall bc Inspector&

of Brands.

officers. such other Inspectors and I)c:puty Registrars of Brands and such Covarnorma~a~~o int 7, The Governor may from time to timc appoint and remove

other officers as he may detm expedient for carrying into effect

the provisions of this Act,

PABT 111. PART TIT.

BRANDS FOR HORSES AND CATTLE.

fiovisionforreaistra-

tion of brands for 8. Any person may, in manner hereinafter provided, register any

horees and cattle. brand which he may select for the purposc of' branding his horses and cattle with a brand distinct from ihat of owners of other horses or cattle, and the registration of such brand shall entitle the owner thereof to the exclusive usc of such brand.

Application for 9, Every person desirous of registering z brand for horses or

brands, how made.

cattle shall deliver or transmit to the Eegjstrar an application in the form of Schedule A hereto, togetlxr with a fec of Five Shillings if such person shall not be the owner of more than one hundred horses and cattle, or Ten Shillings if the owner of more than that number, and thereupon the Registrar shall register the brand so applied for, if the same shall not have been previously registered; and if' the

same shall have been previously registered, the Registrar shall allot

to

Brands Act.-1879.

to such person such other brand as he may deem advisablc, ancl he ~ ' A W 1 1 ~.

- - -- -. ..- -

shall thereupon register the brand to such person accordingly in the form of the Schcdulc B llcreto; and the Registrar shall also mark upon the said application the design of the braucl allotted to the applicant, and shall deliver or transmit to such person a certi- ficate of the registration of such brand in the form of Schedule C' hcreto.

10. E V W ~ liorsc mid cattle brancl under this Act shall be approved Drscriytion of hrantln

by the Registrar, and shall consist of not more nor less than one to br uyed

letter and two numerals or one cllarnctcr: Provided that brands

of any dcscriptioii, which have bccn in use for at least he lve months

immediately prior to the passing of' this Act, shall be eligible for

registration under this Act.

11. only one horse a id cattle brand shall be allotted to olic only one brnnd tobe

owner, unless he shall be the propietor of rnorr runs than one not person.	allowed to each
adjoining each other, in which case he may, in the discretion of the
Registrar, be allotted a separate brand for each of such rms.	Exception.

12, Every owner of both horses and cattle shall use the same Same brand tobe used

brand for horses as for cnttlc, and no brand shall be less than onc for horses and

and onequarter inches in depth.

13. -4ny owner of a registered bralid desirous of using n dis- Distinctivebrmdmay

t irictive brnnd or mark on horses or cattle shall deliver or transmit t o	be obtained on @pp&
the Registrar an application in the form of Schedule D hereto, together with a fec ofrl'cu Shilliiigs, and thcrcuyon the Registrar shall enter thc said brand or mark in a book to be kept by him for that purpose; but. he may, in the cnsr of two or more ownew requiring the same distinctive brand or mark, allot sucli brzlnd or mark to one applicant, and such nlodifications thereof as shall render such brands or mark dissimilar to the other applicants; but no distirlctivc brand or mark shall be allotted to or bc used by any person who is not the owner of a
registered brand, and all distinctive brands or marks shall bc im-	pressed or made on horses and cattle on such positions only as are
hereinafter provided.

14, All brands shall bc irnpresscd or made on cattle and horses Order of imprinting brands on horses and

as follows, namely- cattle.

(A. ) Every brand shall be impressed or made on one of the positions described in Schedule E hcreto, and in the con- secutive order of rotation thcrein specified:

(B.) The owner impressing or making the first registered brand

upon any horses or cattle may impress or make such brand

on such one of the said positions as he may think fit:

(C.)	Every second or subsequent b r a d sllali, where there is apace sufficient for that purpose, be impressed or made on the samc position as, and at a tfistance of not less than two inches nor
Inon) than tllrec inchcs from, and directly underneath the

brand,

42' & 43? VICTORIK, No. 152. ---

B~and.9 Act.--1879.

PART III. brand, which, in accordance with the order of rotation of branding prescribed by this Act is the immediately preceding brand; and where there is not space sufficient for any such second or subsequent brand on the said position, then such second or subsequent brand shall be impressed or made on the position next in order of rotation to the last brand:

(D.) Every clistinctive brand shall be impressed or made on the

neck, cheek, top of thc loin, 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 horses or stock, according to the ordcr of rotation herein- before prescribed.

First person branding 15, Xotwiths tanding anything to the contrary contained in clause

may imprint etud or

herd-book numbers	14, it shall be lawful for the brecdcr or person [imprinting the first
under his registered	registered brand upon any horses or cattle to imprint any numerds
brand.	under his registered brand for tlic purpose of reference to any stud or herd-book containing a description -of such horscs or cattli; but such numerals shall not be impriiltcd at a less distance than two nor more than three inches from and directly underncath such registered brand.

PART IT. PART IV.

BRANDS FOR SHEEP.

Owner may register

brand for sheep.

16, Any owner of sheep may apply to the Registrar for the regis-

tration of any paint Brand or tattoo mark which such owner may be

desirous of using f c. ~ branding or marking his sheep.

~ o r m of application. 17, Every swh application shall be in thc form provided in

Schedule P hcreto, and shall be accompanied by a fee of Five Shillings, if made by the omrner of not more than one thousand shacp, and

thereupon the Registrar shall register thc brand or mark so applied	Ten Shillings if made by the owner of more tha.n that number; and
for, and shall deliver or transmit to such. owner a certificate of the registration of such brand or mark in the form of Schedule G hereto.

Power to refuse to 18#

The Registrar shall have power to refuse any application for the registration of any brand or mark whenever he may in his dis- cretion sec fit: Provided that the Registrar shall allot some other brand or mark in lien of the brand 01. mark so refused to be regis- tered.

register.

Only one brand to be

allotted, except in 19, Only one paint or tattoo brand or mark shall be allotted to not adjoining each other, in which case he may, in the discretion of the Registrar, be allotted a separate brand or mark for each of such runs.

, one owner, unless he shall be the proprietor of more runs than one

and non-contiguous

runs.

PART

42" & 43" VICrI'ORIA5, No. 152.

PART v.

TRANSFER AND CANCELLATION.

shall make and sign a memorandum in the form set forth in Schedule cffccted. 20, Any person wishing to transfcr the right to his brand, Transfer, how

H 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 of Brands, together with a fee of Five Shillings, and thc Registrar shall, upon the receipt of such mcmoraizdnm and fee, cancel the original registrintiou of such h a n d stanching in the name of the transfcror, and shall deliver or transmit to the transferee a, cmtificatc of transfer in the form of Schedule I hereto, and shall re-register such brand in tllc namc of the transferee, and such transferee shall thereafter be deemed to be thc ycrsoil having the exclusivc right to use such lmnd as aforesaid.

the fbrm of Schedule J hereto of ijny pcrson, and on payment of a brands. 21. The Rugistrar may, at his cliscretion, on thc application in Cancellation of

fee of Five Shillings, cancol the registration of any rrgistcred brand

which it shall be shown to thc satisfaction of the liegistrar has ceased to bc used by the owner of such brand, or the owner whereof shall desirc such brand to be cnncelld, or shall have died, or shall haw left tlie p rov i i i~~ without 1~"aving any stock for which such brand might he requirccl.

BRAND DIRECTORY AND YOUPU'I) BRANIH.

22, The Registrar shdl kccp a register, irl the fbrm of I'art 1. 1bi"t"r tol)t: Jw~.

of Schedulc Ii. liereto, of all horse and cattle hrancls registcroci under this Act, and also a rcgistcr in the form of Part II. of the said 8ched1.de, of all sheep brands registcretl under this Act; ancl shall also keep a book in which all transfers aid cancclltdions of regis-

tcred brands shall be recorded.

23. 'l'hc: Registrar shall at the end of cwry quarter, or so sooil Ul~artcrly st+lnent

and Brand Directory

thereafter as possible, transmit to tho (;ovcrnrnent Yrinter, for p u b h to be p u ~ l i b ~ e c ~.

cation in the G:overnment Gazette, n statement, in the forins in Schedule L hewto, of all brands respectively registered, transfcrrctl, or cancelled under this Act up to the last day of such quarter, and the names and addresses of their respective owners. And from such quarterly publications the Registrar shall, so soon as possible after the 31st day of December in each ycar, cause a Brand Discctory, containing all thc brands rrspectively registered up to that date to

be compiled and published in the respect,ive forms of 1'ar.t~ .I. and 11.

of the said Schedule, and shall cause copies thereof to be transmitted

to each Deputy Registrar ancl Inspector ill the province as soon after publication as possible; ancl any such Brand l)irectory, or printed copy thereof, shall, in any action. suit, prosecution,

or trial, if the same purport or appcar to have been printed

--- - - --- - - - - - - ---- -

P M I ~ W. by the Governrncnt Printer, be *received in evidence without

-- +-- -

proof, as prim$ facie evidence of the matters, statement, and things

contained therein.

24. Every Pmndkecper., Deputy Registrar, Inspector, and Con-

Poundkeepera copy af D~rectory to keep and

spection. edition of the Brand Directory, and copies of the Government Gazette# open for in- stable in charge of a police station, shall keep copies of the latest

Gazettes, containing the quarterly statement of registered b r a d s not included in such directories, and sl-iall, on the receipt of a fee of Onc Shilling, permit a search in such Brand Directory and Gorernment Gazettes at all reasonable hours.

D i s t i n ~ u i s h i w b ~ d 25. The Registrar of Brands shall allot to each public p o ~ n i l

t o be used b each

public pounJ

throughout the province, now established, or which may be hereafter established, a brand for such public pound, in such form as the Registrar may think fit, and shall register the same as a pound brand; and the keeper of such public pound shall, on the sale of any horses or cattle impounded in such public pound, brand the same mith such brand on the position and in the order prescribed by this Act, in such manner as to show that the said brand is the last brand imprinted at that timc on suzh horses or cattle.

OFFENCES, PENALTIES, MISCELLANEOUS: PROVISIONS,

&4ND LEGAL PROCEDURE.

Penalty on owner

using unregistered 26, Any owner of horses or cattlc who shall, t1ftt.r the coming into

brand. operation of this Act, brand or permit or allow or suffer to bc branded any of his horses or cnttleivith any brand (unless as bcrein- before providccl), in mpcct of which lie shall not prcviously have obtained a certificate of registration, shall, for every such offence, incur a penalty of not less than Five nor mow than Fifty Pounds.

Penalty for blandin$ 27.

Any pcrwn who shall brancl, or authorise, or aid, or assist to in contravention of aay of the provisions of this Act shall, on con- viction for ewry such offence, forfeit and pay any sum of not less than One Pound nor more than Twenty Fo~zncls.

on any position in

contravention of ~ ~ t. be branded any horses or cattle mith any brand or on :my position,

Persons branding 28,

I f any person shall wilfully brand any stock of which he is stock of which he is not the owner to be branded with his brand, such person shall, on convictiori for every such offeiicc, be liable to be imprisoned for m y term not exceeding two years,

stock not their

property may be	not the rightful owner, or sllall wilfully came, direct, or permit any
imprisoned.
Penalty for blotahillg
or defacing brand8 on	29. -4ny person who shall wilfully blotch, deface, or otherwise render illegible, or alter any brand upon any horses or cattle, or wilfully direct, cause, or permit any such brand to be blotched, dbfacca, or otherwise rendered illegible, or altered, or shall wilfully mark, or cause,
horses or cattle.

direct,

42" & 43b VICTORIA;,, No. 152. 9

direct, or permit any horses or cattle to be marked on the ear	v l ~.
...-
or dewlap, by cropping or cutting off part of the dewlap or the whole or part of the ear by a straight cut, shall, on convictioil for every such offence, forfeit and pay any sum not less than Two Pounds nor more than Fifty Pounds, for every head of stock on which the brand shall have been so defdced, blotched, rendered illegible, or altered, or on which the ear or dewlap shall have been cut or cropped contrary to this section, or. shall be liable to be imprisoned for any term not exceeding six months.

30. Any stock bearing only one brand which shall have been stock on which only

wilfully altered, blotched, defaced, or rendered illegible. contrary ,i,f,Ply altered brand has been

to this Act, may be impounded by any Justice, Inspector, or blotched to be

member of the police force; aud all such stock s l d 1 be dealt with impounded,

in the mamcr set forth in and as if impouadcd under the Act or

i4cts at that time in force regulating the impounding of stock.

31. Any person who, ailer the publication as hereillbefore pro- Pen:Jty for. un-

vided of any statement in the Gouewzmelzt Quzette of the brands authorised person

I-egisterecl in pursuance of this Act, shall brand any sheep with a on shcc~.

brand or inark of a similar design to any rcgisterecl brand of which

lie is not the registered owner, shall, for every sheep so branded, forfeit

a penalty of not less than 'lkl~ Shillings no; ~xceeding Ten Pounds.

sheep with any paint of a red color upon the n m p, except :H sheep. 32. Any person who shall br;md or mark with tllc letter S ;my f,"t$gt,p$x;p

required under Act KO. 19 of 1859, or as instructed by an In- spector of Sheep, shall bt: liable to a pcnalty of not less than Pivc Shillings nor more than Five Pounds for evc ry sllccl? so branded.

33. Any person who shall wifully or maliciously destroy, defi~cc, Penalty for ear-

or alter any carinark, or be party to the destruction, defacement, or cropping sheep.

dteration thereof, or who sliall crop or cut the ear straight across, or

slice off by a straight cut any part of the ear of any sheep, or who

inch in length, or half an inch in width or cliametcr, shall, on sliall make a11 earmark on sheep exceeding three quarters of arl conviction, fbr every such offence incur a penalty of not less t h a n One Pound nor more than Fifty Founds fox every sheep with respect to which any such offence sliall ha\-(: bcen committed, or, at the discretion of the Court, such person rnay, on conviction, for every such offence be imprisoned, with or without hard labor, for any period not exceeding eighteen calendar months.

34. Any person who shall kimwingly and unlitwf ully inscrt, or l'unishruentf~rforgod

cause, or perinit to he inserted, any false cntry of tiny nlattcr directory, or other or false registrations,

relating to any brand in any register, certificate, brand directory, ~	;	~	Act	e	&	~	~
quarterly statement of brands, or in any extract from any register, certificate, b r a d directory, 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, directory, statement, or any extract

16% 13 t hcr~from,

l-'~m	v	l	-	~	-	thercfrom, or that which purports to be such extract or entry, or who
shall wilfully and unlawfully destroy, deface, iiijurc, or ~tltcr, or cause
to be destroyed, defaced, injured, or altered, m y such brand, register, certificate, directory, statement, extract or entry, or any part tlcereof, with such i n t ~ n t, or who shall knowingly and wilfully, with fcloilions intent, use the brand of any proprietor without his authority, shall, on conviction, for eveq such offencc be deemed guilty of a felony, and being convicted thcrcof, ellall bc liablc, at tlic discretion of thc Court, to iinprisonmcnt, with or without hard labor, for any period riot cscccding three 1 e;us.

Governor may make 35, Tlic I; overnor may from time to time make regulations for

regulations.	carrying into cffcct the of this Act, and may inflict pc";xlties of not less than One Bound nor cxcceding Fifty Pouilds for the breach of any such rcgulations; and all such regulations shall, wlwn published ill tlw C,?oocr.~tment Cazettc. have the forcr of law,
; t i d the production of n paper 11url)orti:~g to be tllc Gar*crw~ent
Gazette. and purporting to contain ill)\- such rcgulation, shall bc
y l h d ficcie cviclencc of such rcgulntion, mtl that the sixme has
IKWI &lv :uld p r o p d y inade, and any ll)-lcnalty inflicted for the trrvach of any such regulation may tic recovered in the samc inanan as if the samc lxtd been inflicted for a b~cach of thcl p~ovisions ur some one of the provisions of this Act.

Treasurer authorised	36, The Treasurer of the povince is hereby a~nthorised	to refund,
to repay excess in

through the Rcgistrar, to an! person ~vho shall hhve paid a fee for

rcgistralion fees

under Y ~ P I ~ J A r t. the rc~istration of any brard uuder the -4ct hcrebv thc

"

difference in amouiit i;etwaen the fee paid by him f& such registra-

tion and the fee payrtblc :or registra.tion u d e ~ this Act.

Power of inspcutor to

enter on runs and 37, Every inspector is hcreby empowered to cuter ul)on any r ~ m

property.	or premises in order to liisycct any stock, brand, or branding-iroll or instrument for branding, and to takc possession of and impoiuirl any stock in respect of &ch the orv1-k.r has committ~d or may lk
bmnding-iron c they tharr n branding-iron authorised bv this conlmitting any breach of this Act, to sciac and takc away ally Act, and, where necessary, to ctnploy any person or persons to assist him in cktrryiilg out tllc provisions of this Act; and any person hindering or imp~dirlg, or attempting to hilider or inipedc, tul) Inspcctor in tlic execut~on of his duty. or wfusing to produce any branding-iron or iilstrurnent for branding, or to pcrmit any Inspcctor to inspect any stock or branding-iroil or instrument for brandiilg, shall, for every such offence, on conviction, forfeit ancl pay any sum not less than Five Pounds nor exceeding Fifty Pounds.
Pines for offences

against provisions of 38, All fines and peilalties for :my offence against this Act may

~ ~ t m y b o rccovcred be recovered before any two or more J ~ ~ s t i c e s of thc l'cace in a

before two Jmtices.	sonllnary
Prooeodings before

Justices to be r e p - 39, The proceedings before Justices shall be conductea as

lated by Ordinance appointed by, ancl shall be regulated under, the Ordinance No. 6 of

No. 6 of 1860. 1850,

42" & 43 VICTOIZI&, No. 152. -

- p- - -- - - - - - - - - - - - -

Brnnds Act.-1879.

--- U - - - - - A L - -. - - - -

1850, intitulcd "An Ordinance to Facilitate the l'crformance of the

*ART m- -

Duties of Justices of the Peace out of Sessions with respect to

Summary Convictions and Orders," hut any such proceedings inay be

instituted within twclvc inonths from tlie timc of the committiiig of

the offenw.

40. 111 every case of the ndjtdication of n, fine or pecuniary ~ ~ J ~ ~ ~, " ~ ~ ~ ~

penalty under this Act, and of the non-p:ty~iient of silcll fine or .Jnstirc,s may im-

penalty, any Special Magistnttc or two Justices of tlic Pewc. may "'"'o".

commit the offencler or person making default in payment to any

gaol ill the said province for any time not cxcecding six calendar

~nonths, the imprisonrncnt to ccave on paymcnt of' thc sum dub,

and the costs of such proceediugs as nmv 2inr.c bcen tslien for tl~rn

recovery thereof; bnt this section shell i ;ot affect any remedy ~ m c l ~ r

tlic said Ordinrtncc No. 6 of 1850.

41. T1it.w shall be an appeal from m v ordcr of ,Justices of the *pl)etl'.

Peace, madc under tlir 1~ror.isions h e r ~ i ~ h e f o w contninecl, or from

i~ny 0rdc.r of Justiccs of the Pence dismissing m y information laid under this -4 ct, or from ally conviction bv Justic*os for any offellcc

against this Act, which aplwal sllnll l r to illc Local Court ' of .4&-

lnidc of Full Juriscliction only, ancl ;lip proccetlincrs in such appeal	shall be conducted in manner appointed bp tlic salcl Ordinanw, Xo. r
6 of 1850, for apptds to 1,ocal C'unrts: but the 1,ocal Court of Adelaide aforesaid may ' malw such ordcr as to payrnc~it of costs of appcid as such Cotu-t shall tlrink fit, although snrli costs may cscecd Ten Poundc.

42. I t shall h(. lawful f i ~ r thcl Local Churt of Aclclaide, upor1 h r n l Court of M e - hide may stxttte a case

thc hc;triizg of any a p ~ ) ~ i ~ l 1111 C ~ U thr last. prcccding sec tioll, to i.,ropinionof s~~~~~~

stntc one or more special case or cmcs for the opinion of the. Court.

Supreme Court, and thc S q r c ~ r i e C'ourt sliall hear and decide such

spwial casr or cases, i~ccording to thc practice of tlw Suprerrie

Court on spccial cases; tmci tlic Snlmwc Court shall inalrc such

order as to the costs of any sucll spvcial casr its to thc said	Court shall appear just; and tlic Local Court of Adelaidc sli;zll
rnalrc an order in respcct of the lnnttcrs referred to thc Suyrt:rnc Court, in conformity wit11 thc ccrtificatc* of the said Supreme Court, or of any Judge thereof; which ordcr of' thc Local Court shall be enforced in manner providcd bj- this Act, for the enforc~ment of orders of Justices of the Peace, and stave as herein provided, no ordcr or procc:ding of' .Justices, or of any Local Court made under the authority of this Act, slid1 be appealed against
or removed bp c~rtiornri or otherwise into thc Supreinr Court of the
said province.

43. If the J usticcs before \v1iom any person shall he brought Justices may commit

rharpcd with any offence punishable under this Act shall be of for may trial, fine and offender jury

opinion that such person has hem guilty of n xnisciemcanor or felony, ~ui l ty of offences it shdl be lawful for such Justiws to abstain from adjudicating in a, punishable by fine. summary maiirler thereon, and to commit any such person for trial

before

420 &; 430 VICTORIE, NO. 152.

Brands Act.-1879.

PART

beforc the Supreme Court. And if thc jury upon the trial of any snch person shall be of opinion that such person did not commit the misdemcanor or felony with which he is charged, but did commit onc of the minor offences punishable under this Act by s fine or fines, i t shall be lawful for the jury to acquit such person of the lnisdemcanor or felony, and find him guilty of such minor offence or offences; and the Presiding Judge shall thereupon inflict the penalty

or penalties by this Act providecl for such offencc or offcnces.

toofficers. a.	All actions and prosecutions to be commenced against any person acting in thc cxecution of this Act, for anything donc in
pursuance thereof, shall be commenced within six months from thc
arising of the cause of action, and not otherwisc; and notice in writing of such action and the cause thereof shall b$e given to the defendant one calendar month at least before the comnrcncement of th.c action; and in any such action the defendant may plead thc general issue, and give this Act and the special matter in cvidence at any trial to be heard thereon; 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 sufficient sum of money has been paid into Court after such action brought; and if a verdict shall pass for thc defendant, or the plaintiff shall become nonsuited or discontinue any such action after isstte joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall receive his full costs of suit as between attornejr and client, and haw the like remedy therefor as m y succ.essfu1 deferdant hath for costs in other cases.

Commencement of

Act. 45. This Act shall come into force on the first day of November,

1879, but no person shall be liable to prosecution for using an

unregistered brand before the first day of January, 1880.

Not to affect mort-

gages under No. 4 of 46, Nothing herein contained shall affect any mortgage or other

1866-6.	security under the provisions of Act No. 4 of 1855-6, or any Act
relating to the rno~tgage of stock, stations, or runs.

In the namc and on behalf of Her Majesty, I hereby assent

to this Bill.

WM. P. DRUMMONU JERVOIS, Governor.

SCHEDULES

SCHEDULES REFERRED '1'0.

SCHEDULE A.

The Brands Act, 1879.

AppZic~tehn for I l o ~ s e and Cattle Brand.

To the Regi~trar of Brands.

Sir-I enclose herewith the authorised fce of Five Shillings [or Ten Shillings,

as the case may b e j. and request that you will allot rtncl register a brand to me,

as shown in the ~chedule underwritten, [Add, if so-And I declare that I am not the owner of more than 100 horses and cattle.1

Horses. Cattle.

R w or farm Post

Kame Former brand Former brand

upon which the address

of $ (fo be described (to be described

brand is to be of l a m or

applicant. in x-nrmg as in writing

used. mn. well as by ' as well as by

! diagram). , diagram).

---- --l- P

1, , declare that the several matters and things con-

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

Signed at the day of , 18 .

Applicant,.

SCHEDULE B.

The Brands Act, 1879.

Register of Brandsfor Horst:s and Cattle.

f roprietor.

Former brands.

l

l I

, Brands No. of

regi~iawa. I certificate. "ln Nearest pm3

I Home. cattle. 1 xame. vbere brand 1 b.n is to be used.

SCHEDULE

42' & 43' VICTORIK, No. 152. - ---. --

-"-p--- - - - -

Brands Act.-	18 7 9.
-----------p- -.

SCHEDU1,E C.

Thc Brands Act, 1879.

No. Certzjfcatc of Registration of Home and Cattle Brand. [Date.]

This is to certify that the brand mentioned in the margin hereof was this day duly registered as the brand of	, for horses and cattle, in the
terms of the above-named Act.

ttegistrar.

SCHEDULE D.

The Brands Act, 18i9.

AppZicabio~z for Di8tinctioe Brnnrl fop Horses a d Catt le.

To the Regidtrar o f Brands.

Sir-I enclose herewith the authorised fee of Ten Shillingrj, and request that you

will allot a di~tinctive	brand to me for homes and cattle, as shown in the schedule
underwritten :-

Run or fnnn

upon which the Registered

distinctive brand Brmd.

is t~ bc used.

-

1, . declare that the several matters and things contained in

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

Signed a t	the	day of	, 18	.
Applicant.

SCHEDULE: 13.

The 13rands Act, 1879.

Position and o m ? w qf Rotntio?~ of B~1wzds Pos i i im ntzd order qf Rotation ofBrawls

on Xlorses. on Cattle.

First position-"NPR~ ~ h o i ~ l d ~ r. " Filst position-"Off rump, hip and thigh."

Sccond ditto - " Off shoulder." Hrcond ditto -" Off ribs."

Third tiitto -"Near quarter." Third ditto - "Near rump, hip and tLigh."

Fourth ditto --G ' Off quarter." Fourch ditto -"Near ribs."

Fifth ditto -6'Off' .saddle," or "ofl' rihn." F ~ f t h ditto -" Ncai shoulder."

Sixth ditto --"Xear saddle, or "near ribs!' Sixth ditto --"Off shoulder."

The Brands Art, 1Y7!).

To the Registrar of Erancls.

Sir-I enclose herewith the autl~orised fee of Firc Shiilings [or Ten Shillings,

(18 t h C ~ B P w n y h], and request that you will allot and rrgister a brand to me as shown

4 2 O & 4 3 O L'ICTOIZIIE, No. 152.

B i w m i s A c t. 1 8 7 0.

. --

-- - - . --- - -- - -

shown in the schedule untle~written.	[ A d d, 9 so-Ancl	I declare that I am not the
owner of more than 1,000 hhccp.1

I Description and Wl~t l le r Rnn or f;wm I I 'ud Number of

Name of eolor of brand pitch, npon which the address shrep

applicant. ' required, and p in t, or brand is to bc ; of run ~ t. tin10 of

1 po&ion thcrevf. 1	tattoo,	used.	or fanu.	npplicution.
l	--
I

i l l l

1, , of , in the Province of South Au~tralia,

, dcclarc that thc scvcral matters and things contained iu

the above application arc true to the bcst of my lcno\\lcdge and belief.

Signed a t the day of , 18 .

Applicant.

' I ' l u x Brands Act, lb7cj.

C % r h ~ c d e of R ~ y i s t r a t i o n of Shepp U~ccnrl.

No. [Date.]

This is to certify that thc sheep brand mentioned in the margin hereof was this day duly registered as the brand of	in the terms of the
above-namcd Act.

llcgistrar .

S(:	t-3 1SL)ULE H
'!'h(.	B~and \ .Lt, 1Q7!1.

ipplic~rtiuolla~for. Ytwasfer.

To the Ilegistrdr of Brands.

We, the nnderuigned, being the registered owner and intended tranbfcree of the brand nlentioried in the margin hereof, do hereby rcqueet that you will transfer the said hrand to :he undersignccl; and we cnclosc liercwitll

t h r s u m of Firc Shillings nu thc authorised fee for such trmsfcr.

\Vitn~ss-

(Imncr.

'I'ransScrec.

The Brands Act, 1879.

Ctvt?;ricrcts of l i. c ~ n f l c t. .

So. IUate.3

' h i s is to certify that thc brand mentionctl in thc margin hcrcof QLLS this day transferred from . o f . to

, of

Iicgistrar.

SCHEDULE

16 42O & 4 3 O V ~ C T ~ J U l E, No. 152.

Brands Act.-1879.

SCHEDULE J.

The Brands Act, 1879.

Application. for Cancellation oj ' Beyistratkon,

To the Registrar of Brands.

Sir-I enclose herewith the authorised fee of Five Shillings, and request that

you will cancel the registered brand as shown in the schedule underwritten. [Here

;state grounds for can&llation.]	-	-	-
-

Run or farm on &me of

Kame of applicant	Brand required	which the brand	registered owner
for cancellation.	to be cancelled.

, was uscd. of brand.

-

1, , declare that the several matters and things contained in

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

Signed at , the day of , 18

Applicant.

Tho Brands Act, 1879.

Register of Brunds.

Pcrmer brands. Proprietor.

--

I

Brands Ro. of I

registered, certificate. Bun Nearest

fiorses.	Cattle.	Name.	where braud	post town
ia to be used.	to run.

i	l	l	l
l

l

l

l

l i ' l l l

42O & 4s0 VICTORIA!, NO. 152.

Bmzrls Act.-1879.

.. --_---

The Brands Act, 1879.

~ A X T I. L I S T POll " GOVERNMENT GAZETTE" AND &LAND DIXEUTORY.

I

; Former brands, I i oprietor.

Hol sos	l	l
i 1 Run whore ~i arest oat

tered.	I	Horses.	('attle.	Same.	/	b~ and ;U to
be us&. to run.

------_--I	I _ _	_--_
I

l	l
I l l

i 1

PART 11.-LIST FOB " ( ~ V E I Z N M E N T GAZRTTB" AHD BRAND DIRECTORY.

Proprietor.

Number of sheep

Sheep brands KO. of at time of

registered. ~ertificace. npplic'ttion. / lXun where Nearest At

Name. brand ia to ho

used. to m-

-- --

_ _ _ I. . - - I -

l

l

I

l l

l l

l I

~'AKT III.--LIsT oT ' ~ A N ~ F R K H FOR " G O ~ E R N M E N ' ~ GAZETTE."

l I

Run where brand Eeurest post town

No. of Transferor. Transferee. l

to run.

certificate.	is to be used.	1
l

Brands Act.-1879.

- - - --- - - - - - . - -

PART IV. - LIST OF BRANDS CANCELLED FOR " GOVERNMENT GAZETTE."

Hun or fnrrn in respect Nenrest Name registered

a ~ ~ l c n n t Brand cancelled. of whirh the brand post town owner or bm

for cancellatwn. was used. to run. I

---- --A-. ---p --------- W -

l

I	i	1
I
l
l	I

Adal~ids : By authority, E. SPILLER, Acting Government l'rinter, North-terraee.