CATTLE BRANDING BILL.

Marlborough Press, Volume I, Issue 22, 2 June 1860, Page 3

CATTLE BRANDING BILL.

Title. A Bill to provide for the efficient branding and marking of cattle. Preamble. Whereas two acts were passed by the Superintendent of the Province of Nelson, with the advice and consent of the Provincial Council thereof, Session V., No. 6, intituled “An Act to* provide for the efficient branding and marking of cattle,” and Session VI., No. 6, 1 intituled an “Act to amend the Cattle Branding Act, 1858;” and whereas it is expedient that the said two recited acts be repealed, and other provisions made: Be it therefore enacted by the Superintendent of this province, with the advice and consent of the Provincial Council thereof as follows: — Recited Act repealed. 1. The said two recited acts, so far as they regard the Province of Marlborough, shall he, and the same arc, hereby repealed. Superintendent to appoint Registrar. 2. It shall bo lawful for the Superintendent to appoint some fitting person to register the brands and marks upon cattle within the Province of Marlborough, and to make rules and regulations for the conduct of such registration and the management of the office. Notice of Office being open. 3. As soon as conveniently may he after the passing of this act, the Superintendent shall cause to he published in the “Government Gazette” of this province, or in some newspaper in circulation within this province, a notice that such office is open, and the name of the person appointed to attend to the business ot such office. Owners of Cattle to register Brands within three months after Publication of Notice. 4. Within three months after the

publication of such notice, except as hereinafter provided, every owner of cattle within this province shall register •an accurate description and facsimile of the brand and mark used by him in branding' and marking cattle, also the number of cattle in his charge or owned by him ; and after the expiration of the said three months, it shall not be lawful for any person to brand or mark any cattle save with such brand or mark as shall have been approved by the Superintendent, who shall use his discretion and judgment in deciding as to the brand or mark applied for to be registered, preference being given to those brands or marks already in use by every owner of cattle and when two or more owners of cattle, apply to register the same brand or mark, preference shall be given to the owner having the greatest number of cattle branded or marked with such brand or mark, no decision being given in any case until the expiration of the three months aforesaid. Register Open (luring Office Hours. 5. Every such register shall be open to public inspection at the usual office hours. "Fee on Registration. ’i G. There shall be a fee of five shillings payable upon and at the time of the registration of every brand or mark. Owners of Celtic not 1 trim tied lie Me to Penalty. 7. After the expiration of six calendar months from the publication of such notice, as aforesaid, the owner, or the party in charge of any cattle not branded or marked with a registered brand or mark, shall he liable to the following penalties: namely, for each head of great cattle above six months old, the sum of two shillings and sixpence; for every sheep above six months old, the sum of sixpence. Penalty for using Unregistered Brands, or Dcthcing' Brand. 8. If, after the expiration of three calendar months after the publication of such notice, as aforesaid, any person shall use any unregistered brand or mark, or shall deface any brand or mark upon any cattle, he shall ho liable to a fine of not less than ten pounds, nor more than fifty pounds. Cattle Unbranded may lie Impounded. 9. After the expiration of three calendar months from the publication of such notice, as aforesaid, it shall be lawful for any person or persons to drive any cattle which shall be at large, and not branded or marked with a registered brand or mark, as aforesaid, to the nearest pound, and any cattle so impounded may he sold in accordance to the provisions of the Impounding Ordinance, Session V., I\ o. G, unless the said cattle he released as hereinafter provided, and the proceeds of any such sale shall lie applied in accordance with the provisions of section 21 of the said Impounding Ordinance, substituting therein the words “Provincial Treasurer 1 ' 1 instead of “ Colonial Treasurer, 11 and “Superintendent 11 instead of “Governor: 11 Provided always, that the period of publication required to be made in the “ Government Gazette 11 of such notice of intention to sell, shall he fourteen days instead of twenty-one days, and be published in a newspaper circulated within the province, instead of the “ Government Gazette. 11 Cuttle Impounded may bo 'Released. 10. All cattle impounded under the authority of this act shall be released at any time before the sale of such cattle,' by the authority of any Justice of the Peace, upon payment of the penalties authorised to be imposed under this act, together with the lawful fees and charges due to the pound-keeper. Certain portion of Penalties go to Informer. 11. All penalties enforced under this act, shall he recovered in a .summary manner, before any Justice of the Peace, and one fourth of such penalties shall he paid to the informer, and the residue to the Provincial Treasurer, to be applied to the public uses of the Province. Interpretation Clause. 12. In the interpretation of this act, the word cattle shall he deemed and taken to mean and to include foals, fillies, colts, bulls,cows, heifers, bullocks, steers, rams, ewes, wethers, and lambs, and whenever in this act, in describing or referring to any person or party, matter or tiling, the word in parting the singular number, or masculine gender only is used, the same shall be understood to include, and shall be applied to several persons, or parties, as well as to one person or party, and females as well as to males, and several matters and

tilings, as well as one matter or thing, respectively, unless there be something in the subject or context repugnant to such construction: Provided always, that in the interpretation of the words fillies and colts, they shall he deemed and taken to be such until they arc of the age of two years. When this Act comes into Force. 13. This act shall come into force, immediately, after the assent of the Governor thereto. Short Title. I k This Act, shall be termed and may he cited as “ The Cattle Branding Act, 1860.