Brand Registry
ARKANSAS BRAND REGISTRY
Taken from Act 179 of 1959 - State of Arkansas
"An Act to repeal revised statutes Chapter 93, Sections 1, 2, 3, 4, 5, and 6 (Ark. Stat.
[1947] Sections 78-801 to 78-806 Inclusive); to provide for the central registration of
all livestock brands used in the state; and for other purposes".
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
ARKANSAS:
Section 1. The following terms shall, for the purpose of this Act have the following
meanings:
(a)
The term "Board" shall mean the Livestock and Poultry Commission
(b)
The term "Director" shall mean that person employed by the Livestock
and Poultry Commission to administer the provisions of this Act.
(c)
The term "Division" shall mean the Division of Brand Registry herein
created;
(d)
The term "Livestock" and the term "Animal" shall mean any cattle,
horse, or mule.
The term "Brand" shall mean a permanent identification burned into the hide of alive
animal with a hot iron or chemical in letters, numbers or figures, each of which are at
least three (3) inches in over all length or diameter, and is to be considered in
relation to its location on such animal.
Section 2. There is hereby created in the Livestock and Poultry Commission a Division
of Brand Registry which shall consist of a Director and such other personnel as may be
necessary to carry out the provisions of this Act. The Director shall be employed by the
Livestock and Poultry Commission and said Board shall serve as an Adjusting
Committee in the matter of determining conflicts of brands and the decision of the
Committee shall be final. The Director shall have the authority to prescribe all rules and
regulations he shall deem necessary to carry out the provisions of this Act, and shall
publish a State Brand Book which shall contain a facsimile of each and every brand and
mark that is registered with the Division showing the name and address of the owner,
together with the pertinent laws, rules and regulations pertaining to registration and re-
registration of brands and marks.
Section 3. After the passage of this Act all county brand records or various counties of
the State shall be property of the Division of Brand Registry within the Livestock and
Poultry Commission, and it shall be unlawful for any county clerk to accept any brand for
registry. Said Division of Brand Registry shall collect all county Brand Record Books
and place the same in their offices and preserve the same as public record. The Division
shall furnish a record of any brand record in the County Record Books to any person for a
fee of One Dollar ($1.00) per brand.
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Section 4. Every person desiring to adopt a brand or to continue to use a brand shall
make application to the Division of Brand Registry for the registration of such brand in
the manner hereinafter prescribed. Any person who knowingly places any brand upon
any livestock which has not been registered with the Division of Brand Registry shall be
guilty of a misdemeanor if such brand duplicates a brand that is registered with the
Division of Brand Registry. Duplication shall constitute the use of a similar brand, used
in any position on the animal designated for the use of a registered brand, such as the
head, neck, shoulder, rib, hip or breeching.
Section 5. Immediately upon receipt of the Brand Record Books for the respective
counties, the Director of Brand Registry shall notify each holder of a brand that said
Division is in existence and that said Division will, on or before January 1, 1960 and
every five (5) years thereafter, cause to be published a State Brand Book showing all the
brands recorded with that Division prior to December 1, 1959, and every five (5) years
thereafter. The Division shall prepare a standard form, which shall be mailed to all
holders of registered county brands and be made available by the Division to others who
desires to apply for a brand. The applicants shall show a front, rear, left and right side
view of the animals upon which the brand will be eligible for registry. The brand
location shall be designated in the following body regions; head, right jaw, neck,
shoulder, rib, right and left jaw, neck shoulder, rib and neck, right and left hip, thigh, and
breeching. The applicant shall select not less than three (3) distinct brands and list them
in the preferred order and shall likewise select three (3) locations on the properly signed
and notarized application and accompanied by a fee of Five Dollars ($5.00). Said brand,
if approved and accepted by the Division for registry, shall be of good standing during
the five (5) year period in which recorded.
Section 6. From the effective date of this Act until September 1, 1959 the Division shall
accept brand registration applications only from persons having brands registered in the
county brand books. From September 1 until December 1, the Division shall accept
brand registration applications from any person desiring to register a brand or brands and
such applications shall be held and listed by the Division which shall immediately
proceed to check brand applications for conflicts and should any be found, the fee so
advanced along with the application shall be returned to the persons making such
applications.
Section 7. All brand applications passed upon and approved shall be sorted in a
systematic manner and published in the First Edition of the State Brand Book, which
shall be published on or before January 1, 1960. Thereafter, supplements shall be
published every three months, and every five (5) years a revised brand book shall be
published. Prior to publication of any revised State Brand Book, all registered brand
owners and assignees in the previous book or supplements thereto shall be notified in
writing that their brand has terminated and that said brand must be renewed if such
person desired to keep such brand. A re-registration fee of Five Dollars ($5.00) shall be
charged for the ensuing five (5) year period, or a fraction thereof.
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Section 8. The State Brand Book, and all supplements thereto for the five (5) year period
shall be sold to the public for Ten Dollars ($10.00) except that the original State Brand
Book shall sell for Five Dollars ($5.00), and any supplement of any Brand Book shall be
sold at fifty cents (504) each. The county clerk and the sheriff of each county shall
receive all brand books and supplements thereof without cost to their respective county.
Section 9. Brands appearing in the current edition of the State Brand Book, or
supplements thereto, shall be prima facie evidence of ownership and shall take
precedence over the brands of like and kind should question of ownership arise. The
owners whose brand does not appear in the State Brand Book or supplement thereto, shall
produce evidence to establish his title to said property in the event of controversy.
Section 10. There is hereby reserved to the State the brands of "B" and "T" on the left
jaw of any cattle and it shall be unlawful for any person to use same. Cattle carrying
these brands shall be claimed as reactors to brucellosis abortus (Bang's Disease) and
Tuberculosis "T.B." From and after the passage of this Act only brands appearing in the
current edition of the State Brand Book and the supplements thereto shall be subject to
sale, assignment, transfer devise or bequest, the same as other personal property. Such
transfer of title must be recorded with the Division of Brand Registry and the fee for
recording same shall be One Dollar ($1.00).
Section 11. All persons selling livestock branded with their brand recorded in a current
edition of the State Brand Book or supplements thereto, shall execute a written transfer of
ownership, to the purchaser. Should the purchaser suffer any damages due to seller's
failure to execute a written transfer of ownership, then said seller shall be liable for any
and all damages decided upon by any court of competent jurisdiction.
Section 12. The provisions of this Act are severable and if any clause, sentence,
paragraph, or section hereof shall be held void. the decision of the court shall not affect or
impair any of the remaining portions or provisions of this Act.
Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.
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