Page:1889 North Dakota Session Laws.pdf/138

 county to which the said unorganized county may be attached for judicial purposes.

§ 4. SIMILAR BRANDS PROHIBITED.] No person or persons, partnership, association or corporation shall have or adopt a brand or earmark, previously recorded to another person or persons, partnership, association or corporation of this State, neither shall the Secretary of State record the same brand or earmark, or one similar thereto, to more than one person or party.

§ 5. WHAT CONSTITUTES TRUE BRAND.] It shall be the duty of the Secretary of State to decide as to the conflict of brands or earmarks, to reject any one that, being the same as one previously recorded, has in addition any of the following, whether placed accross, above, below, at either side or encircling the main brand or earmark, viz: A straight bar; a quarter half or entire circle; a quarter, half, or entire diamond, either upright or inverted, the same not constituting a true brand and rendering the owner of the same brand liable to damages for its use, saving only where one or more of them shall be filed by the owner of the first record of the main brand, in which case it may be accepted. The Secretary of State shall reject any brand or earmark formed by repetition of any device, letter, umber or figure which shall have been previously recorded in his office, whether to be placed on the same, or on a different part of the animal; the exclusive right of the first record to the device, letter, number, or figure, and to repetition of it being reaffirmed. He shall also reject all brands known as solid brands, and all earmarks which shall remove to exceed one-half of the ear. A variation in the size of a device, letter, number, or figure shall not constitute a new brand or earmark, and shall be rejected. A combination of letters, numbers, or figures, may be permitted, though the same letters, numbers or figures, may have been recorded, single or together, if in the judgment of the Secretary of State said combination is so differ- ent from any previous record, as to constitute a new brand, with no danger of infringement.

§ 6. BRANDS TO BE PROCURED BEFORE LAWFUL TO TURN STOCK LOOSE.] It shall be the duty of any person or persons, partnership, association or corporation, who after the passage of this act, brings into this State, and before turning loose for grazing purposes, any herd or individual animal already branded, to lay before the Secretary of State a statement of the brands or earmarks of said animals; and if in the judgment of the Secretary of State said brands or earmarks conflict with any previously recorded in his office, it shall be the duty of the owner or manager of said animals to brand or mark them with a brand or earmark, that the Secretary of State shall consider a full and distinguishing brand or earmark, from all brands or earmarks heretofore recorded in his office and the owner or manager of said animals shall be enjoined from any further use of the conflicting brand or earmark, and shall be required to file his certificate of the new brand or