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.7* Such a law is not retro- 
active, as to cattle in possession before its enact- 
ment.74 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.7¢ 
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 which they run.77 It may be recorded 
in as many counties as the owner may wish,’® 
73 Black v. Vaughan, 70 Tex. 
47,7 8. W. 604. 
74 Espy v. State, 32 Tex. 375, 
75 Houston v. State, 13 Tex. 
App. 595, 
752 Faith v. State, 32 Tex. 
373. 
76 Black v. Vaughan, 70 Tex. 
47,758. W. 604; Wells v. Little- 
field, 59 Tex. 556; Florey v. 
State, 13 Tex. App. 665. 
77 Thompson y. State, 26 Tex. 
App. 466. 
78 Atterberry  v. 
Tex. App. 401. 
State, 19 
