Page:1862 Territory of Dakota Session Laws.pdf/405

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1. It shall be the duty of the register of deeds of each county, upon application of any person residing in such county, to record a description of the marks or brands, with which such person may be desirous of marking his horses, cattle, sheep, or hogs; but the same mark or brand shall not be recorded for more than one resident of the same county.

. 2. If any person shall wilfully mark any of his horses, cattle, sheep, or hogs, with the same mark or brand previously recorded by any resident of the same county, and while the same mark shall be used by such resident, the person so offending shall forfeit for every such offence the sum of five dollars, to be recovered before any justice of the peace of such county. If any person shall wilfully mark or brand the cattle, horses, sheep, or hogs of any other person with his own mark or brand, the person so offending shall forfeit, for every such offence, not less than ten nor more than fifty dollars, to be recovered before any justice of the peace of the proper county; and if any person shall wilfully destroy or alter any mark or brand upon any horse, cattle, sheep, or hogs belonging to another, the person so offending shall, upon conviction thereof, before any justice of the peace of the county in which the offence is committed, forfeit and pay for every such offence a sum not less than ten nor more than fifty dollars, and shall, moreover, pay to the party injured double damages.