TITLE
47. ANIMALS, LIVESTOCK AND POULTRY
CHAPTER 9. LIVESTOCK GENERALLY
ARTICLE 1. GENERAL PROVISIONS
SECTION 47-9-10. Marking, branding or disfiguring large animals
of another. [SC ST SEC 47-9-10]
Whoever shall be lawfully convicted of wilfully and knowingly
marking, branding or disfiguring any horse, mare, gelding, filly,
ass, mule, bull, cow, steer, ox or calf of any other person
shall, for each and every such animal which he shall be convicted
of marking, branding or disfiguring as aforesaid, be subject
to a penalty of one hundred dollars or to imprisonment for a
term not exceeding six months or both, in the discretion of
the court. In case such offender shall afterwards repeat the
same or commit a like offense, on conviction thereof he shall
be liable to a fine of two hundred dollars or to imprisonment
for a term not exceeding one year or both, in the discretion
of the court, for each animal by him so marked, branded or disfigured.
SECTION
47-9-20. Marking, branding or disfiguring small animals of another.
[SC ST SEC 47-9-20]
Whoever shall be lawfully convicted of wilfully and knowingly
marking, branding or disfiguring any sheep, goat or hog of any
other person shall, for each and every sheep, goat or hog which
he shall be convicted of marking, branding or disfiguring as
aforesaid, be subject to a penalty of twenty-five dollars or
to imprisonment for a term not exceeding twenty days. In case
such offender shall afterwards repeat the same or commit a like
offense, on conviction thereof he shall be liable to a fine
of fifty dollars or to imprisonment for a term not exceeding
thirty days for each and every sheep, goat or hog by him so
marked, branded or disfigured.
SECTION
47-9-30. Use of horse, mare or mule without permission. [SC
ST SEC 47-9-30]
Whoever knowingly and wilfully shall take and use any horse,
mare or mule without the consent of the owner thereof, but without
intent to steal, shall be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not more than five
hundred dollars or by imprisonment for a period of not more
than one year or both fine and imprisonment, in the discretion
of the court.
SECTION
47-9-40. Alterations of teeth of horses or mules. [SC ST SEC
47-9-40]
Any person who files down or drills, bores holes or otherwise
makes alterations in the teeth of any horse or mule for the
purpose of deception as to the age of such animal shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished
by imprisonment for not exceeding thirty days or by a fine not
to exceed one hundred dollars.
SECTION
47-9-50. Permit required for hauling cattle or swine at night
by truck. [SC ST SEC 47-9-50]
It shall be unlawful for any person to load or haul by truck
any cattle or swine between the hours of sunset and sunrise,
unless such person shall have first applied to the sheriff or
magistrate of the district in which it is desired to load such
cattle or swine to be hauled or shipped and obtained a written
permit to do so. Such permit shall show the name of the permittee,
the name of the person from whom the cattle or swine have been
purchased or otherwise acquired and a description of such cattle
or swine, including marks and brands. All such persons loading
or hauling cattle or swine under such permits shall keep the
permits on their person during such time and upon signal to
stop given by any county or State officer shall stop and upon
request shall exhibit such permit. Provided, that a permit shall
not be necessary when a bill of sale is issued within twenty-four
hours after a purchase at an organized auction sale. Provided,
further, that livestock moving intrastate or interstate that
has a freight bill or bill of sale shall not be required to
obtain a permit. Loading or transporting any cattle or swine
in violation of the provisions of this section shall be a misdemeanor
punishable by a fine of not more than one hundred dollars or
by a sentence on the public works of the county not exceeding
thirty days.
ARTICLE
3. BRANDING OR EARMARKING
SECTION 47-9-210. Definitions. [SC ST SEC 47-9-210]
The following words and phrases, as used in this article, shall
have the following meanings, unless the context otherwise requires:
(1) "Livestock" includes neat cattle, horses, mules,
asses, hogs, sheep and goats; and
(2) "Owner" and "stock owner" mean any person
who owns livestock.
SECTION
47-9-220. Branding is lawful. [SC ST SEC 47-9-220]
It is lawful to brand livestock with the owner's brand in accordance
with the provisions of this article.
SECTION
47-9-230. Earmarking. [SC ST SEC 47-9-230]
In addition to, or as an alternative to, a brand, any person
may have an earmark for marking livestock. All provisions of
this article relating to brands shall apply to earmarks.
SECTION
47-9-240. One brand per person. [SC ST SEC 47-9-240]
No person shall have or use more than one brand.
SECTION
47-9-250. Separate brands of wife or minor. [SC ST SEC 47-9-250]
A wife who owns livestock separate from her husband or a minor
who owns livestock separate from his father or guardian may
have a brand. The father or guardian of any minor who has a
brand shall be responsible for the proper use thereof.
SECTION
47-9-260. Application and fee for adoption of brand. [SC ST
SEC 47-9-260]
Any person desiring to adopt any brand for branding livestock,
which brand is not then the recorded brand of another, shall
forward to the Secretary of State a facsimile of the desired
brand together with a written application to adopt the brand.
The application shall state where the brand will appear on the
livestock. A fee of three dollars shall be enclosed with the
application.
SECTION
47-9-270. Issuance of certificate. [SC ST SEC 47-9-270]
Upon receipt of the application and the fee, the Secretary of
State shall register the brand and issue to the applicant a
certificate showing that his brand has been registered, unless
the brand is already registered as the brand of another or unless
the brand would probably be mistaken for a brand already registered,
in either of which cases the Secretary of State shall return
the facsimile and the fee to the applicant. The certificate
shall show on its face the brand which has been registered and
the place where the brand will appear on the livestock.
SECTION
47-9-280. Recording certificate. [SC ST SEC 47-9-280]
Upon receipt of the certificate provided for in § 47-9-270
from the Secretary of State, the owner shall record the certificate
with the clerk of court in every county where he has livestock.
For each recording the clerk of court shall receive a fee of
one dollar. He shall record the brands in a book for the purpose
and the book shall be open to inspection by the public.
SECTION
47-9-290. Certificate as evidence of ownership of livestock;
foreign certificates. [SC ST SEC 47-9-290]
In any criminal or civil action in which title to livestock
is involved or proper to be proved, the certificate provided
for in § 47-9-270 shall, when recorded as provided for
in § 47-9-280, be prima facie evidence of ownership of
any livestock bearing the brand shown on the face of the certificate.
When livestock is brought into this State from another state
or territory in transit beyond the boundaries of this State,
a copy of a brand granted or held in the other state or territory,
when certified to by the proper officer in that state, shall
be received in evidence under the same circumstances, and shall
have the same effect, as a certificate issued under the provisions
of this article.
SECTION
47-9-300. Registered brands for livestock. [SC ST SEC 47-9-300]
A registered brand for livestock is the property of the person
adopting and registering the brand, his heirs and assigns, until
and unless the brand is cancelled or revoked as provided in
this article.
SECTION
47-9-330. Transfers of brands. [SC ST SEC 47-9-330]
Any brand registered under the terms of this article may be
conveyed to another by an instrument in writing, in duplicate,
duly executed, but the conveyance shall not be complete until
the instrument has been registered with the Secretary of State.
Upon registration of the instrument and payment of a fee of
three dollars, the Secretary of State shall issue to the purchaser,
in his name, a new certificate for the remainder of the term
of registration. The certificate shall be recorded, and the
fee shall be paid, as provided for in § 47-9-280.
SECTION
47-9-340. Cancellation of registration. [SC ST SEC 47-9-340]
The Secretary of State shall cancel the registration of any
brand:
(1) at the written request of the owner; or
(2) upon the order of any court of competent jurisdiction.
SECTION
47-9-350. Revocation of registration. [SC ST SEC 47-9-350]
The registration of any brand granted under this article may
be revoked by the order of any court in this State upon a showing
of improper use of the brand.
SECTION
47-9-360. Age at which livestock should be branded. [SC ST SEC
47-9-360]
If livestock are branded by the owner, they shall be branded
as follows: Neat cattle, horses, mules and asses shall be branded
before they are twelve months old; hogs, sheep and goats shall
be branded before they are six months old. The ages specified
herein shall not apply to livestock which have passed those
ages at the time they are acquired by the owner or at the time
the owner is granted a brand under this article; but all such
livestock, if branded by the owner, shall be branded within
one month after the time they are acquired by the owner or the
time the owner is granted a brand under this article.
SECTION
47-9-370. Witnesses required when branding purchased or acquired
livestock. [SC ST SEC 47-9-370]
If any owner who purchases or acquires livestock from another
brands the livestock with his own brand, he shall do so in the
presence of at least two disinterested parties. The disinterested
parties shall certify in writing that they witnessed the branding
of the livestock. The certificate shall also state (a) where
the branding occurred, (b) with what brand, if any, the livestock
were previously branded and (c) with what brand the livestock
were branded or rebranded. The certificate shall be retained
by the owner. It shall be unlawful to brand any livestock purchased
or acquired from another other than in the manner required by
this section.
SECTION
47-9-380. Unlawful branding. [SC ST SEC 47-9-380]
It is unlawful for any person to brand, or to cause to be branded,
any livestock:
(1) With any brand unless it has been registered with and certified
by the Secretary of State as his brand and has been recorded
with the clerk of court in each county where he has livestock;
(2) With any brand which is registered, certified and recorded
as the brand of another; or
(3) With any brand which has been abandoned or the registration
of which has been canceled, unless the brand has thereafter
been granted to him.
SECTION
47-9-390. Brand records. [SC ST SEC 47-9-390]
The Secretary of State shall keep an accurate record of all
brands registered under the terms of this article and the names
and addresses of the owners of the brands, which records shall
be open to inspection by the public.
SECTION
47-9-400. Rules and regulations. [SC ST SEC 47-9-400]
The Secretary of State may promulgate rules and regulations
which, in his judgment, may be necessary or proper to supplement
or clarify the provisions of this article. The violation of
any rule or regulation made and promulgated hereunder shall
constitute a violation of this article.
SECTION
47-9-410. Violations. [SC ST SEC 47-9-410]
Any person convicted of a violation of this article shall be
punished by a fine of not less than fifty dollars nor more than
five hundred dollars or by imprisonment for not less than thirty
days nor more than one year, or by both such fine and imprisonment.
