Montana Attorney General Opinion 15-455

Opinion No. 455. Livestock-Marks, Brands and Tattoo l\larks-Recording Fees-For-Bearing Animals. HELD: Chapter 97, Laws of 1933, does not enlarge the statutes so as to permit the same record and the same fee for the recording of brands and tat- too marks for fur-bearing animals and marks and brands for domestic ani- mals and livestock. February 9, 1934. You have suhmitted the questions (1) whether the records of marks and brands for use on horses and cattle must be kept separate from the records of brands and tattoo marks for domes- ticated fur-bearing animals such as foxes, and, (2) whether the fee for recording the former will also cover the fee for the latter. Chapter ~i:l6, Part III of the Politi- cal Code of Montana of 1921 as amend- ed by Chapter 14, Laws of 1929 pro- \"ides a fee of $4.00 for the recording and $1.00 for the re-recording of "each mark or brand" used on "any domestic animal or livestock." Chapter 97. Laws of 1933, provides for the payment of $4.00 for recording "each such brand and for each such tottoo marks" for "fur-bearing animals which of their nature, in the absence of efforts for their domestica tion, are known as wild." 'Ve are not advised whether it is proposed to use the same mark or brand or tattoo mark for domestic animals and fur-bearing animals but we deem it immaterial. There is no express intention on the part of the legislature so far as shown in Chapter 97 to enlarge the scope of Chapter 236 in order to take in fur-bearing ani- mals. If such had been the intention it could have been and naturally would ha "e been expressed in the form of an express amendment. Chapter 97 makes no mention of Chapter 236. The sub- ject matter of the two acts is not the same. The two acts are not repugnant to each other. In short, there is noth- ing in the later act from which such an intention can be infened. In the absence of such intention, express or implied, it must be held that the orig- inal act is not amended and that it was the intention of the legislature that the records be kept separate and that separate fees be charged. This view is in line with the general rules of law pertaining to express or implied amend- ments to statutes as stated in 59 C. J. 857, Section 434.