Page:1889 North Dakota Session Laws.pdf/139

 earmark and have the same recorded as other brands and earmarks are recorded in the office of the Secretary of State. A failure to comply with the above shall render the party so failıng, liable for all damages resulting from such failure, which damages may be recovered in a civil suit. It is further provided that this section shall apply to all animals now in this State whose brands or earmarks are considered by the Secretary of State to conflict or infringe on those previously recorded in his office.

§ 7. BRAND PRIMA FACIE EVIDENCE OF OWNERSHIP.] In all suits in law or in equity, or in any criminal proceedings, where the title to any domestic animals or live stock is involved, the brand or earmark on any animal shall be prima facie evidence of the ownership of the person whose brand or earmark it may be; Provided, That such brand or earmark has been duly recorded as provided herein. Proof of the right of any person to use such brand or earmark, shall be made by a copy of the record certified to by the Secretary of State or the register of deeds of any county where the said brand or earmark may be recorded, under the hand and seal of such officer.

§ 8. ESTRAYS TO BE NOTICED TO SECRETARY OF STATE.] It shall be the duty of any person taking up an estray animal that is branded or earmarked to notify the Secretary of State, by registered letter, of the time and place of the taking up of such animal, together with a description of the brand or earmark on the same, and it shall be the duty of the Secretary of State, if such brand or earmark has been recorded in his office, to notify the owner thereof of the taking up of such estray; and if such brand or earmark has not been recorded in the office of the Secretary of State, the said Secretary of State shall notify the party taking up such estray, that there is no such brand or earmark recorded in his office, the party may then proceed against said animal under the law on estrays.

§ 9. RUNNING BRAND PROHIBITED.] It shall be unlawful for any person or persons, partnership or association or corporation, in branding any domestic animals or live stock, to use what is known among stock growers as a running brand.

§ 10. PENALTY FOR FALSE REGISTER.] Any register of deeds of any county in this State, who shall record any brand or earmark, other than those duly transmitted to hin by the Secretary of State, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdietion, shall be punished by a fine of not exceeding one hundred (100) dollars, which shall go to the school fund in the county in which such record shall have been made.

§ 11. PENALTY FOR VIOLATION OF ACT.] Any person or persons, partnership, association or corporation, who shall violate or fail to obey the provisions of this act, or shall continue the use of any brand or earmark, after the same has been rejected by the Secretary of State, or shall continue to use any brand or earmark,