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the enforcement of all laws in any way relating to game and fish, birds, forest fires or kindred subjects which are in any manner subject to the control of the public domain commission or under its jurisdiction by virtue of this act or any subsequent act, and in the performance of his duties as herein prescribed he shall, subject to the supervisory control of the public domain commission, possess all of the powers and be vested with the same authority relative to the enforcement of any such laws as that possessed by the public domain commission. The said game, fish and forest fire commissioner so appointed shall receive such salary, not exceeding three thousand five hundred dollars per year, together with his necessary expenses while in the performance of his said duties, as the public domain commission shall determine, which salary and expenses shall be paid from any moneys in the State treasury not otherwise appropriated. The said game, fish and forest fire commissioner shall hold the position to which he is so appointed during such period as the public domain commission shall determine, which period shall be stated in such appointment, but shall not exceed a period of four years for any one term, but shall hold said office until his successor is appointed and qualified. Sec. 3 is deemed to have been superseded by sec. 4, act 379 of 1917. See compiler's section 8.

GENERAL POWERS.NAME OF DEPARTMENT.-FILES.

(3) § 7469. SEC. 4. The State game, fish and forest fire commissioner, the deputies and assistants herein provided for, shall continue to have all the powers, authority, immunities and duties of every name and nature and to the same extent as were conferred or devolved upon the State game, fish and forestry warden, his deputies and assistants, respectively, by the laws relative thereto, prior to the passage of this act, and shall have such further powers and duties as may be conferred upon them from time to time by the laws of this State, subject to the powers of appointment and supervision by the public domain commission as hereinbefore enacted. The State game, fish and forestry department shall hereafter be known as "The State game, fish and forest fire department of the public domain commission," and all of the files, records and equipment of the State game, fish and forestry warden's department shall

be transferred to the State game, fish and forest fire department of the public domain commission for filing and safekeeping.

ACTS REPEALED IN PART.

(4) 8 7470. SEC. 5. Act number twenty-eight of the public acts of eighteen hundred eighty-seven, as amended, act number thirty-seven of the public acts of eighteen hundred ninety-nine, as amended, and act number one hundred six of the public acts of nineteen hundred seven, as amended, and all other acts in conflict with the act, only in so far as said acts relate to the appointment and salary of the State game, fish and forestry warden, are hereby repealed, and in so far as any of said acts prescribe the powers and duties of the State game, fish and forestry warden they shall be deemed to remain in full force and effect except as to the transfer of all such powers and duties to the public domain commission by virtue of this act.

An Act to prescribe the powers and duties of the public domain commission in connection with the game, fish and forest fire department and to provide for the appointment of special assistants, clerks, deputy game and fish wardens, to prescribe their powers and duties, to fix their compensation and to provide a penalty for a violation of its provisions.

[Act 379, P. A. 1917.]

The People of the State of Michigan enact:

SEIZURE OF ILLEGAL NETS.-PROSECUTION.

(5) SECTION 1. It shall be the duty of the public domain commission to seize all nets of illegal mesh found in use in the waters of this State, and all nets and other fishing or hunting apparatus or appliances of any kind found in use in violation of the laws of this. State, and to enforce the statutes of this State for the preservation of moose, wapiti, deer, birds and fish, and to enforce all other laws of this State for the protection and propagation of birds, game and fish now in force, or hereafter enacted,

and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of the people of this State to punish any parties for the violation of said statutes and laws. Such actions and proceedings may be brought in the name of the people in the like cases, in the same courts, and under the same circumstances as they may now or may hereafter be brought by any individual or by the prosecuting attorneys of the several counties under and by virtue of any laws now existing or hereafter enacted.

PROCEEDINGS IN PROSECUTIONS.

(6) SEC. 2. Said public domain commission or any officer appointed by said commission for the purpose of enforcing any of the provisions of this act may make complaint and cause proceedings to be commenced against any person for the violation of any of the laws for the protection or propagation of game or fish without the sanction of the prosecuting attorney of the county in which such proceed- . ings are commenced, and in such case such officer shall not be obliged to furnish security for costs. Said commission or any of said officers may also appear for the people in any court of competent jurisdiction in any case for violation of any of the laws for the protection or propagation or conservation of game or fish, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of the county in which such proceedings are commenced, and may sign vouchers for the payment of juror and witness fees in such cases in the same manner and with the same authority as prosecuting attorneys in other criminal cases. Any of said officers shall have power to search any person and examine any boat, conveyance, vehicle, fish box, fish basket, game bag or game coat, or any other receptacle for game or fish, and may enter into or upon private or public property for such purpose or for the purpose of patrolling and investigating when he has good reason to believe that he will thereby secure evidence of a violation of the law. Private property shall not include dwellings or dwelling houses, and any hindrance or interference, or attempt at hindrance or interference, with such patrol, investigation, search or examination, shall be prima facie evidence of a violation of the law by the parties who hinder

or interfere with, or attempt to hinder or interfere with such patrol, investigation, search or examination. Sald officer shall at any and all times seize and take possession of any and all birds, animals or fish which have been caught, taken or killed, at a time, in a manner and for a purpose, or had in possession or under control, or have been shipped contrary to any of the laws of this State, such seizure may be made without a warrant: Provided, That no common carrier shall be held responsible in damages or otherwise to any owner, shipper or consignee by reason of such loss or seizure hereunder. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this State, shall issue a search warrant and cause a search to be made in any place, and to that end may cause any building, enclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket or package, to be broken open and the contents thereof examined by any of said officers. All birds, animals or fish or nets or fishing or hunting appliances or apparatus of any kind seized by any of the said officers shall be disposed of in such manner as may be directed by the court before whom the offense is tried, after complaint of seizure, on oath, shall have been made and filed with such court and an order issued by him served on the owner to show cause, if any, why the property mentioned in said complaint should not be condemned. Said order to show cause shall be returnable forthwith. In case a person from whom such property was seized is not known or cannot be located, a copy of the order to show cause shall be posted in one or more places in the county in which such seizure was made, or may be published in any newspaper, if there be one published in the county in which such seizure was made, said order to show cause so posted or published shall have a date fixed therein for a hearing, which shall not be held until such order is posted or printed for a period of not less than five days; on the date fixed for said hearing the court shall by order direct the disposal of such property: Provided, That in case the owner of such goods or things seized sign a property release no court proceedings shall be necessary. Said officers shall not be liable for damages on account of any search, examination or

seizure, or the destruction of any nets or fishing or hunting apparatus of any kind, in accordance with the provisions of this act: Provided, That common carriers shall not be held responsible in damages or otherwise to any owner, shipper or consignee by reason of the loss or seizure herein provided for.

SERVICE OF WARRANTS.-SUNDAY ARRESTS.

(7) SEC. 3. Said public domain commission, the game, fish and forest fire commissioner, and any special assistants or deputy game and fish wardens appointed by said commission shall have the same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such process. Any of said officers may arrest, without warrant, any person caught by him in the act of violating any of the aforesaid laws for the protection, propagation or preservation of wild animals, birds or fish and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall prepare, without delay, to hear, try and determine the matter and the same proceedings shall be had as near as may be as in other criminal matters triable before a justice of the peace, or other magistrate having jurisdiction. Such arrest may be made on Sunday and in such case the person arrested shall be taken before a justice of the peace or other magistrate having jurisdiction and proceeded against as soon as may be, on a week day following the arrest.

CHIEF DEPUTY, CHIEF FIRE WARDEN, SPECIAL ASSISTANTS, ETC.-DUTIES, SALARIES AND EXPENSES.

(8) SEC. 4. The public domain commission shall have power to appoint a chief deputy for whose acts it shall be responsible and may revoke such appointment at pleasure. Such chief deputy shall take the constitutional oath of office and shall do such work in the game and fish department as shall be assigned to him. During the sickness, absence or disability of the game, fish and forest fire commissioner, he may execute the duties of said office. Such chief deputy shall devote his entire time to the work of the office and shall receive salary to be fixed by said publie domain commission not exceeding twenty-five hundred dol

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