shall include

herein. Said application shall include a drawing, exact Application except as to size, of the brand, together with any ear or a drawing other marks desired or intended to be used therewith, and of brand the location upon the animal or animals concerned where such brand and ear or other marks are desired or intended to be used, as well as a statement of the kinds of live stock upon which said brand or brand and mark or marks is or are to be used, the approximate boundaries of that part of the state within which it is intended to use the same, and the full name and address of the applicant. For the purpose of this act, the postoffice address included in the application shall be considered the legal address of the applicant until the board shall receive from such applicant, in writing. a notice of change of the same, the latest address of record with the board remaining the legal address.

brand to

class of

SEC. 7. Hereafter but one brand shall be awarded or But one recorded for each owner of horses, mules, asses, cattle or each owner hogs; provided, that each owner of a separate and distinct for each livestock unit may, under the terms of this act and within live stock: the discretion of the board, record one brand for use in con- provisos nection with and for each such distinct and separate livestock unit; and provided, that no brand shall hereafter be recorded or used which is identical with or, in the opinion of the board, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for one year, as provided in section 13 of this act, as to be liable to cause confusion as to the identity or ownership of horses, mules, asses, cattle or hogs; and provided further, that nothing in this section shall apply to the rerecording of any brand or brands legally recorded at the time of passage of this act and remaining of legal record in this state under the provisions of this act, in so far as the legal owners of such brand or brands at the time of passage of this act are concerned; or to brands legally transferred as provided for in section 11 of this act.

award

SEC. 8. Upon receipt of an application, as set forth in Board to section 6 of this act, the board shall cause the records of brands to previously recorded brands, remaining of legal record, to be owners searched, and if the brand set forth in the application is not identical with, or so similar to, any brand remaining of legal record or any brand which has not been abandoned for one year, as provided in section 13 of this act, as in its judgment to be liable to cause confusion as to the ownership or identification of horses, mules, asses, cattle or hogs in this state, shall, under the terms of this act, award the brand set forth in the application to the applicant and proceed to record the same, together with the mark or marks. In all cases where, under the terms of this act, the brand or brand and mark or marks applied for cannot legally be awarded by the board to the applicant, the applicant shall promptly be so notified by the board. Excepting the rerecording of

Refusal, when

Board to record brands: method

Certificate

of record

evidence

brands and marks already recorded and remaining of legal record as provided in the terms of this act, applications for the award and recording of brands or brands and marks shall take precedence in the chronological order of their receipt at the established office of the board. The board may, in its discretion, refuse to award or record a brand known to be in use at the time in this state on horses, mules, asses, cattle or hogs by another or others than the applicant therefor.

SEC. 9. Upon the awarding of a brand or brands as provided in the terms of this act, the board shall immediately proceed to record the same. Such recording shall consist of the transcribing upon a suitable and permanent record, which shall be a public record and prima facie evidence of the facts contained therein, designed and approved by the board for that purpose, of a facsimile, except as to scale, of the brand or brand and mark or marks awarded, together with the location upon the animal or animals concerned of the brand or brand and mark or marks as awarded, the date of application, date of award, the district within which the brand or brand and mark or marks is or are intended to be be used, and the kind of live stock upon which it is or they are intended to be used; whereupon the board shall promptly cause to be prepared and sent the person to whom the award is made a certificate containing the same entries as those set forth upon the permanent record of the board herein described and certified to by the board or its duly authorized agent, such certificate to have the legal status of similar certificates as set forth in section 10 of this act.

SEC. 10. All certificates of recordation of brands or brands and marks furnished by the board under the proviprima facie sions of this act shall be prima facie evidence of the ownership of all live stock of the kind or kinds and bearing the brand or brand and mark or marks specified and as set forth therein, and such certificates shall be taken as evidence of such ownership in all suits of law or in equity, or in any criminal proceedings, when the title to horses, mules, asses, cattle or hogs in this state is involved, or proper to be proved; provided, such claim is sustained and corroborated with other evidence.

Brands

SEC. 11. Any brand or brand and mark or marks awarded and recorded and remaining of record in accordance with the terms of this act, including those transferred legally as provided in this section, shall be the property of the person other owner or persons to whom they stand as of record as provided in

property of owner: may

be trans

ferred as

this act, and shall be subject to sale, assignment, transfer, devise and descent, the same as personal property. Instruments of writing evidencing such transfer must be acknowledged as deeds to real estate are required by law to be, and must be recorded in the office of the board in a book to be

kept by the board for that purpose. Recording of such instruments shall have the same force and effect as to third parties as the recording of instruments affecting transfers of real estate, and the acknowledgment of same shall have the same force and effect as the acknowledgment of deeds to real estate, and a certified copy of the record of any such instrument, duly acknowledged, may be introduced in evidence the same as is now provided for certified copies of instruments affecting real estate; provided, that before any transferee of Proviso a brand or brand and mark or marks, as above described, can legally begin and continue use of the same, he or she or it must have notice from the board of its approval of the transfer and of recording of the instrument of transfer as above provided; and provided further, that such instrument of transfer shall not be construed to transfer the right to use such brand or brand and mark or marks from the county or counties in which it or they were of legal record at the time of passage of this act, to any other county or counties where any brand or brand and mark or marks in conflict, in the opinion of the board, therewith have been legally recorded and remain of legal record in the name of another person or persons, partnership, association or corporation; and provided further, that transferred brands or marks, as Proviso described herein, are subject to the rerecording requirements of section 13 of this act; and provided further, that the record of such instrument or instruments of transfer, or the transcript thereof certified by the custodian of such record, may be read in evidence without further proof.

SEC. 12. For the purposes of this act, the words horses, Words mules, and asses shall be held to include all kinds, ages and defined sexes, singular and plural, of the equine species, the word cattle to include all kinds, ages and sexes, singular and plural, of the bovine species, and the word hogs to include all kinds, ages and sexes, singular and plural, of the porcine species.

rerecorded

SEC. 13. Any owner of a brand or brand and mark or Brands.when marks of record under the provisions of this act, including brands or marks transferred under the terms of section 11 of this act, desiring to legally continue the use of the same beyond those dates, shall, within sixty days prior to the first day of January, 1926, and within sixty days prior to the first day of January at the end of each five-year period thereafter, make application to the board for the rerecording of the same, such application to be prepared in the same form and manner as provided for in the case of applications. as set forth in section 6 of this act. It shall be the duty of Board to the board to notify every owner of a brand or brand and owner mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of section 11 of this act and as yet not rerecorded under the terms of this act, at least sixty days prior to January 1, 1926,

notify

Board to advertise

and the first day of January at the end of each five-year period thereafter, of his or her right to rerecord the same as provided herein. Said notice shall be in writing and shall be sent by mail to each such owner at his or her or its last address of record in the office of the board, and such notice shall be complete at the expiration of sixty days from the date of its mailing by the board. The board may also adverrerecording tise the approach of any rerecording period in such manner period and at such times as it deems advisable. Any or all brands or brands and marks for rerecording of which owners have not applied as provided for herein by January 1, 1926, or by the first day of January of any five-year period succeeding that date, including all brands and marks of record as transferred as provided in section 11 of this act, shall be deemed abandoned and no longer of legal record as provided for by this act. Brands or brands and marks thus abandoned shall not be awarded or recorded by the board to other persons than those abandoning same until one year shall have elapsed from date of such abandonment and the awarding and recording of abandoned brands or marks shall come under the terms of this act.

Brands

abandoned, when

Methods

same as previous section

Charges for

recording of brands by

state board

Penalties

In effect

Repeal of certain

Recording of brands or brands and marks as provided in this section shall proceed in the same form and manner as in the original recording of the same as provided in section 9 of this act, including furnishing of certificates to applicants or owners of such rerecording.

SEC. 14. Except as otherwise provided herein, the board. may, within its discretion, establish charges for the recording of brands or brands and marks, or for the rerecording of the same, or for the recording of instruments transferring ownership of brands or brands and marks, or for certificates of recordation or rerecordation of brands or brands and marks, as provided for in the terms of this act, as it deems justified and fair and reasonable, and collect the same; provided, that any moneys collected under the provisions of this section shall be placed in the stock inspection fund and held therein subject to the disposition of the board.

SEC. 15. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and on conviction for such violation, shall be fined in any sum not more than five hundred ($500) dollars, or imprisonment in the county jail not more than two hundred and fifty days, or by both such fine and imprisonment.

SEC. 16. This act shall become effective upon its passage and approval.

SEC. 17. An act to regulate marks and brands of stock, approved February 27, 1873, and an act regulating the use previous acts of marks and brands of stock, and the recording thereof, and providing penalties for the violation thereof and repealing all acts in conflict therewith, approved March 20. 1909, and an act relating to and requiring the recording of brands

upon live stock, approved March 25, 1915, as well as section 6745 and section 7172, Revised Laws of Nevada, 1912, and all other acts or parts of acts, in so far as they relate to horses, mules, asses, cattle and hogs, in conflict therewith, are hereby repealed.

of this act

SEC. 18. Each section of this act and every part of each Each section section are hereby declared to be independent sections and independent parts of sections, and the holding of any section or part thereof to be void and ineffective for any cause shall not be deemed to affect nor shall it affect any other section or any part thereof.

[Assembly Bill No. 29-Mr. Love]

CHAP. 27-An Act concerning estray live stock, excepting sheep, goats, and asses; defining the same and providing for their taking up and disposition; defining the powers of the state board of stock commissioners in connection therewith; providing penalties for violations relating thereto; and repealing certain acts; and other matters properly relating thereto. [Approved February 19, 1923]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

estray

horses, and

SECTION 1. Any bovine animal, horse or mule found Concerning running at large upon public or private lands in the State bovine of Nevada, whose owner is unknown in the section where animals, found, shall be known as an estray, and it shall hereafter be mules unlawful for any person, persons, corporation or company, or their or either of their employees or agents, to take up any such estray and retain possession of same, except as herein provided.

taken up only

SEC. 2. No person shall take up an estray animal of the Estrays bovine species or any estray horse or mule, except in the in certain county where he or she resides and is a freeholder, nor cases unless the same be found in the vicinity of his or her residence. When any person shall take up an estray, as defined in this act, he or she shall within five (5) days thereafter, Duties of make out a written description of such animal or animals, as the case may be, setting forth all marks or brands appearing upon such animal, and other marks of identity, such as color, age, sex, and forward the same by mail to the state board of stock commissioners at Reno, afterwards herein called the board.

taker-up

illegal

SEC. 3. Any person, persons, firm, company, association Penalty for or corporation who shall take up or retain in his or her or taking-up their possession any bovine animal, horse or mule not his or her or their property, without the owner's consent, or except in accordance with the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall