250 ESSENTIALS OF VETERINARY LAW 



ship. By a statute in Texas it was provided that 

 for the sale of live stock running at large on a 

 range a bill of sale was required, and possession 

 without a bill of sale was considered as prima facie 

 evidence of illegality J ^ Such a law is not retro- 

 active, as to cattle in possession before its enact- 

 ment."^ The bill must be executed at the time of 

 sale . and delivery.'^^ The statute is constitu- 

 tionaL^^^ But the presumption that possession is 

 illegal may be rebutted by evidence that it is 

 legaL"^^ 



199. Marks and Brands. A common method of 

 designating ownership is by the use of brands or 

 marks. This form of evidence is especially neces- 

 sary where the animals are upon a range, where 

 the herd of one stockman may become mixed with 

 that of another. For this reason, especially in the 

 western states, it is quite customary that legisla- 

 tures make special provisions governing the use of 

 brands. 



For greatest value, and for the protection of 

 the person making the brand, it is necessary that 

 the mark be recorded; and statutes so provide. 

 The brand should be recorded in the county where 

 the stock runs, but it need not be recorded in every 

 county in M^iicli they run.^^ It may be recorded 

 in as many counties as the owner may wish,^* 



73 Black V. Vaughan, 70 Tex. 47, 7 S. W. 604; Wells v. Little- 

 47, 7 S. W. 604. field, 59 Tex. 556 ; Florey v. 



T4 Espy V. State, 32 Tex. 375. State, 13 Tex. App. 665. 



" Houston V. State, 13 Tex. ^7 Thompson v. State, 26 Tex. 



App. 595. App. 466. 



75a Faith V. State, 32 Tex. "« Atterberry v. State, 19 



373. Tex. App, 401. 



70 Black V. Vaughan, 70 Tex. 



