Bill 71 — A Bill To Amend the Brand Act (Legislature 15, Session 2)

L15 S2 1511

Alberta — Bills

No. 71 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 71 A Bill to amend The Brand Act HON. MR. STROM Printed by L. S. WALL, Printer to the Queen's Most Ex.ceUent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. The Brand Act, R.S.A. 1955, c. 30 ,amended.

Section 4 presently reads: 4.

(1) A brand for sheep shall consist of either a burnt, ear-marked or fleece brand.

(2) A person who is not registered for a fleece brand shall not be registered for any other brand.

(3) A person who is registered f<>r a fleece brand shrull not be registered for more than one other brand.

Section 18 presently reads: 18.

(1) A person wishing to transfer the ownership of any brand recorded under this Act shall make and sign a memorandum in FOliIIl A in the

Schedule in the presence of a commissioner for oaths, who shall affix his signature thereto as a witness, and transmit the same to the Recorder together with the fee prescribed in the tariff in the

Schedule hereto.

(2) The Recorder, upon the recetpt of the memorandum and fee, shall make an entry in the record opposite the entry of the original aLlotment thereof, setting forth the fact of the transfer together with the post office address of the transferee and the date of the entry, and the transferee shall thereafter be deemed to be the owner of the brand with all the rights of ownership.

(3) In the case of the death or absence of tb-e owner, a declaration made by the transferee in Form B in the

Schedule hereto may, subject to the approval of the Minister, be accepted in lieu ·of the memorandum in Form A.

(4) Notwithstanding subsection (3,), the transfer pursuant to such de,claration shaJll not be recorded until thirty days after notice thereof l1as been published in one issue of T'he Alberta Gazette and in two suocessive we-ekly issues of a newspaper to be named by the Minister. 4. Form A. The Tariff of Fees is the same as at present with these changes: 1. The fees for -allotment, renewal, or reallotment or change in the record of a brand are now expressed to be fees for performing the particular service where at present they are stated to be application fees. 2.

In the fees for "all other brands", the ree for renewal of a brand is raised from $1.00 to $2.00 and the fee for transfers is raised from $2.00 to $5.00. As to the new Form A, see clause 3 of this Bill.

BILL No. 71 of 1965

An Act to amend The Brand A'ct (Assented to , 1965) HER MAJESTY, by and with the advice andoonsenrt of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Brand Act is hereby amended.

Section 4 is struck out and the following is substituted: 4. A brand for sheep shall consist of a fleece paint brand.

Section 18 is struck out and the following is sub stituted: 18.

(1) A transf.er of ownership ofa brand recorded under this Act (

a) shall be in Form A in the Schedule, and (

b) is not effective until it is submitted to and recorded by the Recorder.

(2) The Recorder may refuse to record a transfer sub mitted to him if (

a) it is not executed by the transferor and the trans feree in such manner and accompanied by proof of execution as is satisfactory to him, and (

b) the recording fee prescribed in the Tariff 'Of Fees in the

Schedule is not paid.

(3) Where a transfer is executed by an attorney or agent, proof of the authority of the attorney or agent in a form satisfactory to the Recorder shall be submitted to the De partment.

(4) When the Recorder records the transfer, the trans feree becomes the owner of the brand. ( 5 ) A transf.er recorded under this

section is valid against and takes priority over any unrecorded transfer.

(6) An owner may transfer the ownership of a brand t'O himself and another or others and two or more persons who are the owners of a brand may transfer it to one 'Or more 'Of them. 4. The

Schedule is amended by striking out Forms A and B and the Tariff of Fees and by substituting the following:

FEES PAYABLE IN -RESPECT OF 'POULTRY BRANDS For allotment of a brand .................................................. $1.00 For renewal of a brand...................................................... .50 For reallotment of a brand .............................................. 1.00 For change in the record of a brand................................ 1.00 For recording a transfer of a brand ................................ 1.00 For each certified extract from a brand record, except where it is supplied to the owner on allot ment, renewal, reallotment or transfer of the brand ......................................................... , ...................... 1.00 FEES PAYABLE IN RESPECT OF ALL OTHER BRANDS For ,allotment of a brand .............. , ................................... $'5.00 For renewal of a brand ...................................................... 2.00 For reallotment ofa brand .............................................. 5.00 For change in the record of a brand ................................ 2.00 For recording a transfer of a brand ................................ 5.00 For each ,certified extract from a record, except where it is supplied to the owner on allotment, renewal, real,lotment or transfer of the brand ............ 1.00 FORMA (Section 18) TRANS:FER OF B'R:AND BE!TWE·EN: 2 (full name and address) (hereinafter called "the transferor") and (full name and address) (hereinafter called "the transferee").

5. Commencement of Act. 3

The transferor, being recorded as the owner of the brand described as follows: Brand Oharacters: ................................................................. . Position of Brand ................................................................... . Class of Animal ....................................................................... . (cattle, hor8e, sheep) for valuable consideration, the receipt of which is hereby acknQwledged by the transferor, hereby transfers to the transferee ownership of the said brand. The transferee hereby accepts this transfer.

The fultl post office address of the transferee is ........... . Dated this ........................ day 'Of ................................ , 19 ........ . ( witness) (transferor) (addres8 of witness) . (transferee) (witness) (address of witne8s) Note: Affidavits of execution may be required by the Recorder 'Of Brands. 5. This Act comes into force on the first day of AprH, 1965. 3

No. 71 SECOND SESSION FIFTEENTH LEGISLATURE 13 EILIZABETH II 1965 BILL

An Act to amend The Brand Act Received and read the First time ................ . Second time .......... . Third time ....... . RON. MR. STROM Title: 1965 (15th, 2nd) Bill 71,

An Act to amend The Brand Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1511
Type	bill
Volume / chapter	L15 S2 1511
Language	en
Format	json
Source	PROVINCIAL
Identifier	365601900c9da58a7f0a883ab4547c2694695972

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