Show by authority AN ACT IN T N relation to marks and brands X SEC 1 be it enacted by y the governor and legislative assembly of the territory of utah that the ee general office for recording marks and brands shall be kept at the seat of government and the recorder cherof shall be elected by the legislative assembly and his term of office shall be four years and until his su successor cressor is elected and qualified SEC 2 there shall also be an auxiliary Auxillia ry recorders office in every other county in this territory the duties of which are here hereby by devolved upon the county clerks of their respective counties size SEC 3 it shall be the d duty u ty odthe of the recorder at the seat of government to keep a fair and faithful record of all marks and brands in a book suitable for r the p purpose pu spose ose which shall be free for the inspection of all persons interested said record shall s show 0 the e name of each owner of the mark or brand so recorded together with their place of residence and it shall be his duty to define and designate the particular mark or brand to be used by each individual applying SEC 4 it shall be the duty of the recorder to consult the convenience con of each person applying for a mark or brand provided the mark or brand so applied for has not previously been given or recorded to some other person and to furnish to any person desiring it a certificate of his or her brand provided also ifa if a character is wanted for a brand for which there is is no type the person applying shall pay the extra expense thereof SEC 5 it shall be the duty of the general recorder to furnish printed copies of all marlig or brands to the clerks of the different counties where such auxillia ry office is established to the amount that shall be applied and paid for at the rate of twenty five cents for each printed sheet so printed of common writing paper printed on four sides SEC 6 whenever arty any person wishing to obtain a recorded mark or brand application shall be made to the general recorders office at the seat of government and if said applicant resides in any other county than the one in which the seat of government is located said application shall be made to the Auxillia ry office in said county and it shall be the duty of the clerk of the county court in such county to report said application if there shall be any on hand once a month to the general recorder s office and when said mark or brand is received to make an entry thereof in a book suitable for the purpose to be kept in his office free to the inspection of all persons interested and upon the reception of a certificate of a brand to deliver the same to the said applicant he shall also keep free to the inspection of all persons a copy of all the marks and brands recorded in the territory which shall be furnished him by the jeneral recorder copies of all the recorded marks and brands shall be furnished said county clerks or upon the completion of every succeeding succeed succeeding in 9 sheet I 1 SEC 7 any person finding eattle or any anim animals having recorded marks or brands in in any enclosure or ther other 0 place where they may be doing damage g shall hall immediately secure and take good care of the same and search diligently for the owner thereof and restore the animal or animals to sa said id owner if the same can be found and the owner shall hall be liable for all reasonable costs and damages damage and i if said owner cannot be found f after diligent search said animal or animals may be driven to the stray pounds S SEC acs 8 it shall be the duty of every person selling or disposing of any animal ammal having a recorded brand to reverse the same on said animal but if any person shall alter or deface any recorded brand on any animal or place or cause to be placed his own or other brand on any animal not belonging to said individuals any person so offending shall be subject to any or all the penalties of this abet together with further punishments applicable to felonious felone ous 0 of ff fences ances at the discretion of the court having jurisdiction SEC seca 9 whenever any animal or animals having recorded brands are put into the stray pound it shall be the duty of the overseer or keeper of the stray pound to use due diligence to ascertain the owner or owners of said stock both by Tofe reference ronce to the record of brands and otherwise and to notify the owner or owners of the same if known ot or publish the same with the marks or brands in in four public places in in the county or some newspaper having general circulation in in said county within three days from the time said stock are put in in the pound SEC 10 it shall be the duty of the pound keepers and it is is also required of all public officers of the territory in in their respective counties or precincts to examine examine all trains and droves of cattle passing through their respective counties and if they shall find any such animal or animals having recorded brands which said brands do not belong to the individual purporting to own said animal or animals and the same has not been reversed thereon to take the said animal or animals into their custody as stolen property and advertise advert adver tiie ize the owner of said band thereof who shall be liable for all expense and damage so incurred if it shall appear P ar that he has disposed of said animal or animals w without hout reversing his brand SEC 11 the clerks of the auxiliary Auxillia ry offices in in their respective counties shall receive and forward a fee of fifty cents to the general recorder for each mark or brand applied for as also twenty five cents for each sheet of copies of p printed hinted brands required and he may receive the sum of twenty five cents for his own fee for every brand applied for through his office which shall be in in full for his services SEC sc 12 the brands now recorded and hereafter lre to be e recorded corded shall be arranged for distribution to the several counties under the head of their several counties sa that all marks and brands owned in in one county shall be classed together distinguishing at the head of each list the name of the county in m which they belong SEC 13 the pound keepers in in their respective counties shall gather up all earlys therein th ervin and after complying with the requirements of this act in relation to seeking diligently for the owner shall take a true description of and value each remaining in in his custody and after advertising the same as h herein required devote all such estraya es trays or the proceeds arising from the sales thereof to the benefit of the emigrating fund the company of which shall pay over the appraised value of such estraya to the owner of said estraya es trays if found aftel aate deducting all expenses and reasonable charges in incurred cu ired I 1 k I 1 I 1 SEC 14 any officer or individual violating any provision of this act shall be liable to a penalty ot of notices than one dollar nor exceeding one thousand dollars at the discretion of the court having j jurisdiction u ris thereof SEC 15 all acts and parts of acts heretofore passed in in relation to marks and brands are hereby repealed provided marks and brands heretofore recorded shall be and remain valid SEC 16 nothing herein shall be so construed as to interfere with peaceable animals running on their accustomed range unless they are known to be ayi irrespective of any mark or brand W RICHARDS president of the council I 1 W W PHELPS speaker of the house of representatives BRIGHAM YOUNG governor of utah territory approved march 1 1852 9 1 1 |