A.D. 1871. Short Title. The word "increase" shall mean and include the issue of "cattle" and of "substituted cattle," or of either. 13. This Act may be cited as the "Cattle Exemption Act, 1871." I, of SCHEDULE. FORM A. make oath and say as follows: 1. The agreement [or a copy whereof is] hereto annexed, and marked A., was signed by us A. B. on the day of 18 ; and I, the said A. B., then resided day of as I that the cattle aforesaid was, at the date of the execution of the said agreement, the absolute property of me the said and was and is bonâ fide intended to be farmed according to the true meaning of the said agreement. 4. The animals which have been so entrusted are respectively branded or marked as follows:-[set forth the brand or descriptive mark on each animal.] to be farmed by him on the terms of the agreement (dated the 2. The animals which have been so entrusted are respectively branded or marked as follows:-[set forth the brand or descriptive mark of each animal.] HER CHAP. 19. An Act respecting the Marking of Cattle. [22nd April, 1875.] ER Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: A.D. 1875. marks. 1. The officer in any district, who is or shall be authorized or Register of cattle appointed to record brands for branding cattle, shall also keep a register of marks for marking cattle, to be at all reasonable times open to inspection free of charge; and in such register he shall (subject to the provisions of this Act) record in favour of any person applying to have the same recorded, a full description of the mark desired to be recorded, in which description shall be set forth the shape, size and locality of the mark; and such description shall also contain and set forth such other matters and things as to the said officer may seem necessary or proper, and such record shall be made in a book to be kept for such purpose in the office of such officer, and such record shall be dated as of and on the day the same shall be made. brand. 2. No two records of the same mark shall be made in the same No two records to district; and in case any person shall have registered a mark, and be made of same some other person shall use within the same district a similar mark, any Justice of the Peace of the district shall have the power to compel the person so using a mark, to alter the same in some substantial particular on any or all of his cattle so marked; and in case A.D. 1875. Penalty for fraudulently marking. Legal procedure. Application of penalties. Construction. Application of Act. of such person neglecting or refusing to obey the order of such Justice of the Peace, the said Justice of the Peace shall have power to impose a penalty of fifty dollars for such offence: Provided, always, that the officer aforesaid shall not record any mark unless he shall be reasonably satisfied that the mark in respect of which the application is made is not used in his district by some person who used the same before the passage of this Act. 3. Any person wilfully and fraudulently marking, or attempting to mark, or being directly or indirectly concerned in marking with his own or any other mark, or in obliterating or defacing any mark on any cattle not belonging to himself, without the consent of the owner of such cattle, shall, on conviction thereof upon information under oath in a summary manner before any Justice of the Peace of the Province, be punishable for every such offence with a fine not exceeding two hundred and fifty dollars, leviable as herein mentioned, and for a second or subsequent offence by a similar fine not exceeding five hundred dollars, leviable in like manner. 4. Upon non-payment of any fine, forfeiture, or penalty, or noncompliance with any order or adjudication under this Act, either immediately or within such period after the conviction as such Justice at the time of such conviction shall appoint, and where no mode of proceeding is hereby prescribed, such Justice shall commit the person making default in payment, or not complying with such order or adjudication, to any gaol in the said Province, in the case of non-payment of any sum, for any period not exceeding three months, where such sum remaining unpaid shall not exceed fifty dollars; four months where the said sum shall exceed fifty dollars, and not exceed one hundred dollars, and six months where the said sum shall exceed one hundred dollars, unless the said sums shall be sooner paid; and in the case of non-compliance with any order or adjudication as aforesaid, for any period not exceeding six months. 5. All fines, forfeitures, and penalties imposed by this Act, shall be paid to Her Majesty, Her heirs and successors, for the public use of the said Province, and in support of the Government thereof: Provided, always, that the convicting Justice may at his discretion award any portion not exceeding one moiety of any fine, forfeiture, or penalty for the use of the informer or party prosecuting. 6. In the construction of this Act the word "cattle" shall extend to and include horses, mares, fillies, foals, geldings, colts, bulls, bullocks, cows, heifers, steers, calves, sheep, hogs, mules, and asses. 7. This Act shall apply only to the mainland of British Columbia. 8. The word "district" in this Act shall be deemed to mean any district on the mainland of British Columbia defined to be an Electoral District by the "Constitution Act, 1871," or any Act amending the same; and it shall be lawful for the Lieutenant-Governor in Council to appoint, for every or any such district, a person to record marks as aforesaid, and also (if deemed necessary) to record brands for branding cattle, under the "Cattle Ordinance, 1869." A.D. 1875. 9. This Act may be cited for all purposes as the "Cattle Marking Short Title. Act, 1875." CHAP. 20. An Act to provide for the better protection of Cattle Ranges. A.D. 1876. [19th May, 1876.] HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: declare certain 1. The Lieutenant-Governor in Council may, upon the application Lieutenant-Governof two-thirds in number of the resident land-owners in any polling or in Council may division or place in any electoral district in the Province, north and lands to be a comeast of the Cascade Range of Mountains, proclaim a portion of the mon for depasturing Crown lands in such polling division or place to be a common, on which such land-owners may depasture their cattle, subject to the provisions of this Act. cattle and swine. 2. The extent and situation of any such common shall be defined Extent of common. and proclaimed by the Lieutenant-Governor in Council in the Government Gazette, but in no case shall any such common exceed mon. 3. No sheep shall be allowed to be pastured or kept on any such Sheep not to be common, except while being driven from one district to another; pastured on comand if the owner of any sheep shall depasture or keep the same on such common, except as aforesaid, or shall in passing over such common permit the same to remain thereon for a longer period than twenty-four hours, he shall be liable to a penalty of not more Penalty. than fifty dollars, to be recovered in a summary way before any Justice of the Peace, and in default of payment shall be imprisoned for any period not exceeding one month. 4. In and for the remainder of the year 1876, and in and for each Assessment on of the following years, there shall be levied and paid upon and in cattle. respect of the cattle of every person depasturing or keeping the same upon any such common the sums following, that is to say: For every head of cattle, over the age of nine months, the sum of A. D. 1876. Returns to be made of cattle and swine. Officer collecting money to Treasurer. five cents; for every horse or mule, over the age of nine months, the sum of five cents; and for every swine, over the age of six months, the sum of five cents; which sums respectively shall be paid by the person assessed before the fifteenth day of November in 1876, and in every subsequent year, to such officer as the Lieutenant-Governor in Council shall appoint. 5. Every person pasturing or keeping cattle as aforesaid shall cause a return to be made to such officer on the first day of August, in each and every year, according to the form in the Schedule hereto, of all such cattle; and if any person shall fail or neglect to cause such return to be made, or shall make a false return of the cattle depastured or kept by him on any such common, or shall omit to deposit the same with the said officer in manner hereby required, or shall refuse or neglect to pay the assessments herein required, he shall be liable, upon conviction, to a penalty of not more than twenty-five dollars, to be recovered in a summary manner before any Justice of the Peace, and in default of payment thereof shall be imprisoned for any period not exceeding one month. 6. The said officer shall, on or before the thirty-first day of assessment to send December in each and every year, transmit to the Treasurer of the Province all moneys received by him under the provisions of this Act. Construction of Act. 7. In the construction of this Act the word "cattle" shall include horses, mares, geldings, colts, bulls, bullocks, cows, heifers, steers, calves, and mules. |