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Cattle Inspectors

(Next entry, p. 438)

mate showing the district millage to be levied and the amount of money expected to be raised therefrom. The estimate is made in duplicate, one copy being filed with the board of county commissioners, the other with the State Comptroller. All moneys raised by special tax are disbursed by the board of county commissioners, upon the recommendation of the trustees, solely for road purposes within the district in which they were collected. (6)

XXXIV. CATTLE INSPECTORS

At the time Clay county was created there was a statutory provision for an inspector and recorder of marks and brands of cattle in each county of the State. (1) In 1866 the responsibility for having the marks and brands of cattle taken and recorded was placed upon the owner of the cattle. (2) Provision was made in 1868, however, for a commissioner of marks and brands of cattle in each county. (3) This officer was succeeded in 1871 by district inspectors of marks and brands, who in turn were succeeded in 1877 by district cattle inspectors. (4) These officers, however, are commonly known as inspectors of marks and brands. No inspector is currently serving in Clay county.

From 1871 to 1877 the county commissioners were required to divide their county into so many cattle inspection districts as they might deem necessary. An inspector of the marks of cattle served in each district. (5) From 1877 to 1917 the commissioners were empowered, at their discretion, to lay out their county into cattle districts, and after 1903 they were required to do so upon the petition of a majority of the stock owners in the county. Since 1917 the commissioners of each county having 5,000 or more head of cattle have been required to divide their county into stock districts. Clay county came within the provisions of this act in 1917. Each cattle district was served by one or more cattle inspectors until 1903. Since that date the number has been placed at two. However, since 1903 provision has been made for an additional inspector for each cattle shipping pen on a railroad and for each cattle shipping port in the county.(6)

6. Acts, 1903, ch. 5259, sec. 11; G. S., 1906, sec. 882; R. G. S., 1920, sec. 1644; C. G. L., sec. 2676.

1. Acts, 1848-49, ch. 269, sec. 7.

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4.

Acts, 1871, ch. 1852, sec. 1; Acts, 1877, ch. 3023, sec. 1; R. S., 1892, sec. 2325; Acts, 1903, ch. 5234, sec. 1; G. S., 1906, sec. 3111; Acts, 1907, ch. 5666, sec. 1; Acts, 1917, ch. 7385, sec. 1;' R. G. S., 1920', sec. 4876; C. G. L., sec. 6963.

5. Acts, 1871, ch. 1852, sec. 1.

6.

Acts, 1877, ch. 3023, sec. 1; R. S., 1892, sec. 2325; Acts, 1903,
ch. 5234, sec. 1; G. S., 1906, sec. 3111; Acts, 1907, ch. 5666, sec.

(Next entry, p. 438)

Cattle Inspectors

The commissioner of marks and brands was required to be "a responsible man or person."(7) No qualifications were prescribed for the inspectors of marks and brands. Cattle inspectors have always been required to be experts at taking marks and brands, and since 1903 they must also be "men of known integrity. "(8)

The clerk of the circuit court was ex officio inspector of marks and brands until 1866. (9) The commissioner of marks and brands was appointed by the judge of the county court, (10) and from 1871 to 1907 cattle inspectors were appointed by the board of county commissioners. (11) Between 1889 and 1903, however, the board could appoint inspectors only upon petition of a majority of the qualified electors in the cattle districts. (12) Since 1907 the Governor has appointed cattle inspectors upon nomination of the board of county commissioners. (13)

The commissioner was required to take an oath to be recorded in the office of the clerk of the circuit court. (14) Inspectors have always been required to take an oath to be filed in that office. (15)

The inspectors were required, from 1871 to 1877, to give bond in the sum of $500. This bond was approved by the board of county commissioners. (16) No bond has been required since the latter year.

The term of office was not specified until 1899, when it was provided that the inspectors' terms must expire at the same time as did those of the county commissioners. (17) The effect of this law was to make the

7.

8.

1; Acts, 1917, ch. 7385, sec. 1; R. G. S., 1920, sec. 4876; C. G. L., sec. 6963. See also Florida Commissioner of Agriculture, Biennial Report, 1915-16, p. 321.

Acts, 1865-66, ch. 1494, sec. 1.

Acts, 1877, ch. 5234, sec. 1; R. S., 1892, sec. 2325; Acts, 1903, ch. 5234, sec. 1; G. S., 1906, sec. 3111; Acts, 1907, ch. 5666, sec. 1; Acts, 1917, ch. 7385, sec. 1; R. G. S., 1920, sec. 4876; C. G. L., sec. 6963.

9. Acts, 1848-49, ch. 269, sec. 7.

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11. Acts, 1871, ch. 1852, sec. 1; Acts, 1877, ch. 3023, sec. 1; R. S., 1892, sec. 2325; Acts, 1903, ch. 5234, sec. 1; G. S., 1906, sec. 3111.

12. Acts, 1899, ch. 4734, sec. 2.

13. Acts, 1907, ch. 5666, se. 1; Acts, 1917, ch. 7385, sec. 1; R. G. S., 1920, sec. 4876; C. G. L., sec. 6963.

14.

Acts, 1868, ch. 1672, sec. 1.

15. Acts, 1871, ch. 1852, sec. 3; Acts, 1877, ch. 3023, sec. 1; R. S.,

1892, sec. 2325; Acts, 1903, ch. 5234, sec. 4; G. S., 1906, sec. 3112; R. G. S., 1920, sec. 4863; C. G. L., sec. 6950.

16.
17. Acts, 1899, ch. 4734, sec. 2.

Acts, 1871, ch. 1852, sec. 3.

Cattle Inspectors

(Next entry, p. 438) inspectors' terms of office 2 years. In 1907 the term was fixed at 4 years. (18)

The compensation of the inspectors has always been in the form of fees fixed by law. In all cases the fees have been paid by the owner or shipper of the cattle. (19)

An inspector who finds it impossible to act has, since 1931, been authorized to appoint a disinterested deputy for a limited time to act in his place. He must give his reasons for such action in a report to the board of county commissioners. (20)

Presumably the commissioner, from 1868 to 1871, and the inspectors, from 1871 to 1907, were subject to removal by the county judge or the board of county commissioners, as the appointing authority. This supposition is substantiated by a reference in 1899 to their removal by the board of county commissioners.(21) Since 1907 inspectors have been subject to suspension by the Governor and to removal by him with the consent of the Senate.(22)

The appointing authority may be assumed to have filled vacancies until 1907. Since 1907 the Governor has been empowered to fill a vacancy by appointment for the unexpired term. (23)

Prior to 1866 the clerk of the circuit court as ex officio inspector of marks and brands was authorized to appoint one deputy inspector at each port or shipping point within the county. (24) Appointment of deputies by inspectors was not again authorized until 1931, and in 1903 inspectors were specifically forbidden to appoint deputies. Appointment of deputies since 1931 has been allowed only in case of the inability of the inspector to act.(25) '

18.

19.

Acts, 1907, ch. 5666, sec. 1; Acts, 1917, ch. 7385, sec. 2; R. G. S.,
1920, sec. 4878; C. G. L., sec. 6965.

Acts, 1848-49, ch. 269, sec. 2; Acts, 1868, ch. 1672, sec. 1; Acts,
1871, ch. 1852, séc. 2; Acts, 1872, ch. 1894, secs. 2-3; Acts, 1877,
ch. 3023, secs. 3, 7, 9; R. S., 1892, secs. 2327, 2329-2330; Acts,
1903, ch. 5234, secs. 3, 9, 12; G. S., 1906, secs. 3114, 3119, 3121;
Acts, 1909, ch. 5965, sec. 1; R. G. S., 1920, secs. 4865, 4870,
4872, 4874; Acts, 1925, ch. 1925, sec. 1; C. G. L., secs. 6952,
6957, 6959, 6961; Acts, 1931, ch. 14740, sec. 1; Supp., C. G. L.,
sec. 6962(1).

20. Acts, 1931, ch. 14740, 'sec. 10; Supp., C. G. L., sec. 6962(10).
Acts, 1899, ch. 4734, sec. 2.

Const., 1885, art. IV, sec. 7..

21.

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24.

25.

Acts, 1848-49, ch. 269, sec. 6.

Acts, 1903, ch. 5234, sec. 1; G. S., 1906, sec. 3111; Acts, 1907, ch. 5666, sec. 1; Acts, 1917, ch. 5666, sec. 1; R. G. S., 1920, sec.

(Next entry, p. 438)

Cattle Inspectors

Until 1866 it was the duty of the inspector's deputies to inspect and take a record of the marks and brands of cattle shipped from their respective stations. (26) From 1868 to 1871 the commissioner was required to take the marks and brands of all cattle being concentrated for market or driven out of the county. (27) Since 1871 cattle inspectors have been required to perform the same service in regard to cattle driven from or through or shipped from their districts. (28) It was the further duty of the inspectors, between 1877 and 1903, to inspect stock cattle driven by the owner from the county to a range in another county, and to reinspect beef cattle brought from another county to be sold. (29) From 1874 to 1903, however, inspectors were forbidden to inspect any cattle not in the custody of the owner without his written permission. (30) Since 1903 inspectors have been required to inspect the marks of hogs, when being driven or shipped, in the same manner as they inspect cattle.(31)

The commissioner of marks and brands was required to deliver a copy of his record to the clerk of the circuit court within 10 days of each inspection.(32) From 1871 to 1903 the inspectors were required to deliver to the clerk a monthly certified transcript of their record of the inspection of cattle driven or shipped, and since the latter year they have been required to file a monthly report of their activities with the board of county commissioners. These reports, since 1871, have been required to be recorded by the clerk. (33)

It was the duty of the inspector's deputies to give to the shipper a certificate of inspection until 1866. (34) From 1872 to 1903 inspectors were required to give such certificates of inspection upon request, and since 1903 they must give them in all cases of inspection of either

26.

4876; C. C. L., sec. 6963; Acts, 1931, ch. 14740, sec. 10; Supp., C. G. L., sec. 6902(10).

Acts, 1948-49, ch. 269, secs. 2, 6.

37. Acts, 1968, ch. 1672, sec. 1.

28.

Acts, 1371, ch. 1852, sec. 1; Acts, 1877, ch. 3023, secs. 2, 4; R.
S., 1892, sec. 2326; Acts, 1903, ch. 5234, sec. 2; G. S., 1906, sec.
3113; Acts, 1907, ch. 5666, sec. 2; Acts, 1917, ch. 7385, sec. 3; R.
G. S., 1920, sec. 4879; C. G. L., sec. 6966.

29.
Acts, 1977, ch. 3023, secs. 7, 9; R. S., 1892, secs. 2329-2330.
30. Acts, 1974, ch. 1982, sec. 1; R. S., 1892, sec. 2332.

31. Acts, 1903, ch. 5234, sec. 11; G. S., 1906, sec. 3120; R. G. S.,
1920, sec. 4871; C. G. L., sec. 6958.

32.

Acts, 1868, ch. 1672, sec. 1.

33. Acts, 1871, ch. 1852, sec. 1; Acts, 1877, ch. 3023, sec. 4; R. S., 1892, sec. 2328; Acts, 1903, ch. 5234, secs. 2, 11; G. S., 1906, secs. 3113, 3120; Acts, 1907, ch. 5666, sec. 2; Acts, 1917, ch. 7385, sec. 3; R. G. S., 1920, secs. 4871, 4879; C. G. L., secs. 6958, 6966. Acts, 1848-49, ch. 269, secs. 2, 6.

34.

Cattle Inspectors

cattle or hogs.(35)

(Next entry, p. 438)

When cattle were shipped into the county, it was the duty of the inspector's deputies, until 1866, to take up the certificate issued by the inspector of the county from which the cattle were shipped, and to note if the marks and brands on the cattle corresponded with the certificate. (36) Since 1872 it has been the duty of any inspector, when cattle from another county are brought into his district for shipment, to compare the marks and brands of the cattle with the certificate issued in the county of origin, and to take note of any discrepancy. If a discrepancy is found, he must forward a certified copy of his record to the clerk of the circuit court of the county of origin. Likewise, since 1903 he has been required to file with the clerk of the county of origin a report of any recent alterations in the marks of hogs inspected. (37) If any discrepancy was found in the marks and brands of beef cattle brought into the county for sale between 1877 and 1903, the inspector was required to note the fact in his book. (38)

The inspectors were also required, from 1872 to 1903, to lodge complaints with any judge or justice of the peace of the county when the stock laws were being violated. (39)

Under the law applicable only to counties having 5,000 or more head of cattle, the duties of inspectors of marks and brands devolved upon the cattle inspectors in Clay county in 1917.(40) It was additionally provided in 1931 that the inspectors must inspect and record, at any place within the district, the marks and brands of any cettle, sheep or goats slaughtered or driven. They rust also record the marks of the rother of any unbranded calf, lamb or kid, with a description of the hide and a statement of the sex of the unbranded aniral, on forms provided by the county commissioners. Each hide and each quarter of any carcass rust be stamped with the inspector's number. It is further required that where young animals or their mothers are unmarked,, the inspector must require a bill of sale or affidavit showing ownership before permitting such

35. Acts, 1872, ch. 1894, sec. 3; R. S., 1892, sec. 2336; Acts, 1903, ch. 3234, secs. 2, 12; G. S., 1906, secs. 3113, 3121; Acts, 1917, ch. 7385, sec. 3; R. G. S., 1920, secs. 4872, 4879; C. G. L., sec. 6959, 6966.

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Acts, 1872, ch. 1894, sec. 1; R. S., 1892, sec. 2331; Acts, 1903,
ch. 5234, secs. 6, 11; G. S., 1906, secs. 3117, 3120; R. G. S., 1920,
secs. 4868, 4871; C. G. L., secs. 6955, 6958.

38. Acts, 1877, ch. 3023, sec. 9; R. S., 1892, sec. 2330.

39. Acts, 1872, ch. 1894, sec. 14; Acts, 1877, ch. 3023, sec: 5; R. 1892, sec. 2334.

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40. Acts, 1917, ch. 7385, secs. 1, 3-4; R. G. S., 1920, secs: 4876, 48794880; C. G: L., secs. 6963, 6966-6967. See also Inspectors of Marks and Brands, pp. 431-432.

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