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Copyright
2004-2007
All rights reserved
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The
following information contains only selected sections of the
North Carolina Statutes. This information is provided for your
convenience but is not Official and you should not base any
financial or legal decisions on this information. For official
information, contact the State of North Carolina. DKOP L.L.C.
and ranchirons.com do not warrant or offer any guarantee of
the correctness of the information listed below.
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§
68-18.1. Notice when owner not known.
If the owner of the impounded livestock is not known or cannot
be found, the impounder shall inform the register of deeds that
he has impounded the livestock and provide the register of deeds
with a description of the livestock. The register of deeds shall
record the information in a book kept for that purpose, and
shall charge the impounder a fee of ten dollars ($10.00). The
register of deeds shall immediately
publish a notice of the impoundment of the animal by posting
a notice on the courthouse door. The notice on the courthouse
door shall be posted for 30 days, and shall contain a full description
of the livestock impounded, including all marks or brands on
the livestock, and shall state when and where the animal was
taken up. The impounder shall publish once, in some newspaper
published and distributed in the county, a notice containing
the same information as the notice posted by the register of
deeds. The fees for publishing the notice shall be
paid by the impounder. (1874-5, c. 258, s. 2; Code, s. 3768;
Rev., s. 2833; C.S., s. 3951; 1991, c. 472, s. 2.)
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Article 6.
Cattle Brands.
§ 80-45. Owners of stock to register brand or marks.
Every person who has any horses, cattle, hogs or sheep may have
an earmark or brand different from the earmark or brand of all
other persons, which he shall record with the clerk of the board
of commissioners of the county where his horses, cattle, hogs
or sheep are; and he may brand all horses 18 months old and
upwards with the said brand, and earmark all his hogs and sheep
six months old and upwards with the said earmark; and earmark
or brand all his cattle 12 months old and upwards; and if any
dispute shall arise about any earmark or brand, the same shall
be decided by the record thereof. (R.C., c. 17, s. 1; Code,
s. 2317; Rev., s. 3028; C.S., s. 4017.)
Article
7.
Recording of Cattle Brands and Marks with Commissioner of Agriculture.
§§ 80-46 through 80-56: Repealed by Session Laws 1975,
c. 261, s. 1.
Article 8.
Registration and Protection of Livestock Brands.
§ 80-57. Purpose.
The purpose of this Article is to discourage livestock theft
by allowing for the voluntary individual registration of brand
marks for certain livestock. (1975, c. 261, s. 1.)
§
80-58. Definitions.
(a)"Board". - The term "Board" means the
North Carolina Board of Agriculture.
(b) "Brand". - The term "brand" means an
identification mark permanently affixed into the hide of livestock
by a hot iron or an extremely cold brand known as a "freeze
brand."
(c) "Commissioner". - The term "Commissioner"
means the Commissioner of Agriculture of the State of North
Carolina.
(d) "Livestock". - The term "livestock"
means cattle, horses, ponies, mules, and asses.
(e) "Person". - The term "person" means
an individual, firm, company, association, partnership or corporation.
(1935, c. 232, s. 1; 1975, c. 261, s. 1.)
§ 80-59. Responsibility and authority of Commissioner of
Agriculture; application for registration; transfer of ownership
of brand. The Commissioner shall record livestock brands and
maintain a record of such brands pursuant to this Article. Such
records shall be public and shall be prima facie evidence of
ownership of livestock which is properly branded under this
Article. The Commissioner shall authorize such agents within
the North Carolina Department of Agriculture and Consumer Services
as he deems necessary to implement this Article. Any person
desiring the exclusive use of a brand shall make application
to the Commissioner on forms prescribed by the Board. The transfer
of ownership of a brand registration may be done only at the
written request of the brand registrant of record. The Commissioner
shall receive a fee of ten dollars ($10.00) for recording such
transfer. (1935, c. 232, ss. 3-5; 1975, c. 261, s. 1; 1997-261,
s. 109.)
§ 80-60. No brands duplicated.
No brand shall be registered that is a reasonable facsimile
of another registered brand or that will likely be confused
with another brand registered under this Article. (1975, c.
261, s. 1.)
§ 80-61. Rules and regulations.
The Board shall have authority to promulgate reasonable rules
and regulations for implementation of this Article which shall
include, but not be limited to, the location of and the size
of brand marks. (1975, c. 261, s. 1.)
§ 80-62. Fees for recording.
The Commissioner is authorized to collect a fee of twenty-five
dollars ($25.00) for the recording of each new brand, or for
rerecording of each brand, and shall issue one certified copy
of each brand recording to the holder of said brand. Duplicate
certificates of registration may be issued by the Commissioner
upon payment of a fee of two dollars ($2.00). Revenues collected
pursuant to this Article shall be deposited with the State Treasurer
to the account of the North Carolina Department of Agriculture
and Consumer Services. (1935, c. 232, ss. 5, 6; 1975, c. 261,
s. 1; 1997-261, s. 109.)
§ 80-63. Records to be kept of sales and slaughter.
Persons or agents selling or bartering or exchanging branded
livestock in the State of North Carolina shall provide the purchaser
or new owner with a bill of sale showing a reasonable facsimile
of the brand on any and all livestock having a brand as defined
in this Article. Such bills of sale shall be prima facie evidence
of transfer of ownership of branded livestock. Slaughter facilities
in the State of North Carolina shall affix to their normal records
of receipt of livestock a reasonable facsimile of the brand
on any branded livestock received by them. Such records shall
be maintained for at least 12 months. (1935, c. 232, ss. 8,
9; 1975, c. 261, s.1.)
§ 80-64. Defacing of brands prohibited.
No person may change, conceal, deface, disfigure or obliterate
any brand previously branded, impressed, or marked on any livestock,
or put his or any other brand upon or over any part of any brand
previously branded or marked upon any livestock, and no person
shall make or use any counterfeit of any brand of any other
person. (1935, c. 232, s. 10; 1975, c. 261, s. 1.)
§ 80-65. Rerecording.
Every brand recorded under this Article, in order to remain
effective, must be rerecorded with the Commissioner during the
tenth year from its next previous recordation. Each person having
a brand registered in the State of North Carolina shall be notified
in writing by the Commissioner that said brand must be rerecorded
to prohibit its disenrollment from the record of such brand
maintained by the commissioner. (1975, c. 261, s. 1.)
§ 80-66. Violation a misdemeanor.
Any person who violates any provision of this Article or any
rule or regulation of the Board promulgated hereunder shall
be guilty of a Class 2 misdemeanor. (1935, c. 232, s. 11; 1975,
c. 261, s. 1; 1993, c. 539, s. 592; 1994, Ex. Sess., c. 24,
s. 14(c).)
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§
14-367. Altering the brands of and misbranding another's livestock.
If any person shall knowingly alter or deface the mark or brand
of any other person's horse, mule, ass, neat cattle, sheep,
goat, or hog, or shall knowingly mismark or brand any such beast
that may be unbranded or unmarked, not properly his own, with
intent to defraud any other person, the person so offending
shall be guilty of a Class H felony. (1797, c. 485, s. 2, P.R.;
R.C., c. 34, s. 57; Code, s. 1001; Rev., s. 3317; C.S., s. 4495;
1993, c. 539, s. 1237; 1994, Ex. Sess., c. 24, s. 14(c).)
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