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Copyright
2004-2007 All rights reserved |
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§142-41
Brands to be recorded, etc. Every owner of livestock in the State
shall have the owner's brand or mark, in order to secure its validity
and individuality, recorded in a separate book kept for that purpose
by the department of agriculture to be known as the "Hawaii
brand
book." No brand or mark shall be recorded which may be
similar or approximate in design to any brand or mark which has
been previously recorded. The fee for each application for registration
shall be established by rule adopted pursuant to chapter 91. The
application may be made directly to the department, through its
duly authorized agents, or through any duly authorized police officer.
The chief of police of the respective counties shall authorize police
officers to receive applications for registration of brands under
this section. All moneys so received shall be paid to the director
of finance. A signed and dated receipt shall be issued for each
paid application. All applications shall be promptly forwarded to
the department. If it is determined that the application seeks the
registration of a brand which either has not already been recorded
by another person or is not similar in design to any other previously
recorded brand which has not expired, then a certificate showing
that such brand or mark has been duly recorded shall be issued forthwith
to the applicant. No record shall be made of any earmark, except
only as supplemental identification of a brand. Numerals from 1
to 9 and 0, not used in combination or with symbols, as a brand,
shall not be subject to preemptive use but shall be the common property
of all persons. [L 1888, c 35, §19; am L 1911, c 58, §1;
RL 1925, §681; RL 1935, §259; am L 1939, c 104, §7;
am L 1943, c 62, §21 and c 64, §22; RL 1945, §1068;
am L 1953, c 235, §1(a); am L 1955, c 73, §1(a); RL 1955,
§20-40; am L Sp 1959 2d, c 1, §§14, 22; am L 1961,
c 132, §2; am L 1963, c 114, §1; HRS §142-41; am
L 1982, c 149, §1; gen ch 1985]
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| §142-42 Expiration of registration, reregistration. Each brand registered under section 142-41 shall expire on December 31, 1960, and at each five year interval thereafter unless reregistered during the one hundred twenty days preceding date of expiration. [L 1893-4, c 57, §1; RL 1925, §682; RL 1935, §260; RL 1945, §1069; am L 1955, c 73, §1(b); RL 1955, §20-41; HRS §142-42] |
| §142-43 Right to a brand determined by department. The department of agriculture shall determine conflicting claims by the applicants for a brand of similar or approximate design and in so doing shall be guided by the length of time each has used the brand, record of original registration, the number of animals then branded by each, and the priority of application. [L 1892, c 55, §1; RL 1925, §683; am L 1927, c 57, §1; RL 1935, §261; RL 1945, §1070; am L 1953, c 235, §1(b); am L 1955, c 73, §1(c); RL 1955, §20-42; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-43] |
| §142-44 Owners of unbranded animals. All cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, not marked or branded, which may be running wild at any time on any lands in the State, shall belong to and be the property of the owners or lessees of the lands on which the animals are then running. [L 1870, c 30, §1; am L 1874, c 27, §1; RL 1925, §684; RL 1935, §262; RL 1945, §1071; am L 1951, c 32, §1; RL 1955, §20-43; HRS §142-44] |
| §142-45 Using other's brand prohibited; penalty. It shall be unlawful for any person other than the registered owner to use any brand or mark that has been duly registered or reregistered according to law and for which the registration or reregistration has not expired, except by the consent of the registered owner, the registered owner's personal representatives or assigns. Any person violating this section shall be fined $200 for each animal so branded or marked. [L 1888, c 35, §20; am L 1903, c 8, §2; RL 1925, §685; RL 1935, §263; RL 1945, §1072; am L 1953, c 235, §1(c); RL 1955, §20-44; HRS §142-45; am L 1976, c 200, pt of §1; am L 1984, c 8, §1; gen ch 1985] |
| §142-46 Using unregistered brand prohibited; penalty. It shall be unlawful for any person to use any brand that has not been duly registered according to law. Any person using any brand that has not been duly registered according to law shall be fined not less than $1 nor more than $200 for each animal so branded. [L 1893-4, c 39, §1; am L 1903, c 8, §2; RL 1925, §686; RL 1935, §264; RL 1945, §1073; RL 1955, §20-45; HRS §142-46; am L 1984, c 8, §2] |
| §142-47 Obliterating brand; penalty. Any person who obliterates any brand or mark, on any animal, by placing another brand or mark over the same, or otherwise, although without felonious intent, shall be fined not more than $200 for every brand or mark so obliterated. [PC 1869, c 83, §2 (same as CC 1859, §249); RL 1925, §687; RL 1935, §265; RL 1945, §1074; RL 1955, §20-46; HRS §142-47; am L 1984, c 8, §3] |
| §142-48 Felonious branding; penalty. Whoever wilfully and feloniously brands, or otherwise marks, any kine, horse, mule, sheep, goat, or other cattle belonging to another, with one's mark, or with the mark of another not the owner of the animal so branded or marked, with the intent to convert it to one's own use, or to the use of another shall be imprisoned not more than one year, or fined not more than $200 for each kine, horse, mule, sheep, goat or other cattle thus branded or marked. [PC 1869, c 25, §1; am L 1903, c 12, §1; RL 1925, §688; RL 1935, §266; RL 1945, §1075; RL 1955, §20-47; HRS §142-48; gen ch 1985] |
| §142-49 Livestock ownership and movement certification. Every owner, upon sale or transportation of livestock, including cattle, horses, sheep, goats, pigs, bison, or llamas, shall complete a certificate describing the animal or animals including sex, breed, age, and brand and indicating the seller or owner, buyer or consignee, and origin and destination. Two copies of the certificate shall accompany the shipment, one copy shall be given to the department of agriculture, and a copy shall be retained by the owner. One of the copies of the certificate shall be presented upon request to a law enforcement officer or other officer or employee as described in section 142-29. [L 1986, c 62, §1; am L 1997, c 62, §5] |