pursue, kill or capture or attempt to hunt, pursue, kill or capture any deer while it is in the water. No person shall make use of any artificial light in hunting, pursuing, capturing or killing deer, or in attempting to hunt, pursue, capture or kill any deer, and the wearing or having such light on the head or in possession in hunting camp, logging camp or clubhouse or in the woods at any time shall be deemed a violation of this section. No person or persons shall make use of a dog in hunting, pursuing or killing deer; the presence of any kind of a dog in the woods, hunting camp, logging camp or a clubhouse during the deer hunting season shall be prima facie evidence of its unlawful use. Any dog pursuing, killing or following upon the track of a deer is hereby declared to be a public nuisance and may be killed at any such time by any person without criminal or civil liability. No person shall hunt, pursue, worry or kill any wild waterfowl, or partridge or other bird or animals by any means whatever during such time as said person is upon any floating device, automobile or other contrivance propelled by, or using as motive power, steam, gas, naphtha, oil, gasoline or electricity, or when upon any sailboat and no person shall make use of a swivel or punt gun, or any gun of a greater size than ten gauge for the killing of any wild waterfowl or make use of any battery, sink boat or any similar device. No decoys shall be permitted to remain in the water over night, nor shall any such decoys be set earlier than one-half hour before sunrise, nor shall any person hunt, pursue, worry, or kill any wild waterfowl, save only from sunrise until sunset of each day of the open season for hunting and killing such wild waterfowl.

Am. 1917, Act 317; 1919, Act 62.

WHEN MAY TRAIN DOGS.-WHEN CATS PUBLIC NUISANCE.

(288) § 7496. SEC. 16. No person or persons shall molest, harass or annoy or break, train or practice any dog upon any game birds or animals during their respective closed seasons. Any cat pursuing or following on the track of any game quadruped such as hare or rabbits and known as small game or following upon the track of any game bird or other wild bird protected by the laws of this State, during what is known as the closed season for such animals or birds in this State, is hereby declared to be a public nuisance and

may be killed by the owner or lessee of lands or by the game, fish and forest fire commissioner or any of his deputies, or any other officer whose duty it is to protect the game and wild birds, and any owner of such cat who shall permit any cat to run at large and follow upon the track of any such game or wild birds protected by the laws of this State after due notice in writing has been served upon him by said commissioner or any of his deputies to the effect that the cat in question is in the habit of destroying, worrying or following upon the track of any game animal or bird during the closed season, shall be deemed to be guilty of a misdemeanor and shall be punished in accordance with the provisions and penalties of this act: Provided, That it shall be lawful to train or practice dogs upon game birds for fifteen days next preceding the opening of the season for hunting ruffed grouse in each year. It shall be unlawful, however, for any person while so training dogs to have in possession any firearms. Am. 1917, Act 317.

NUMBER OF GAME BIRDS PER DAY, WEEK OR YEAR.-DEER.

(289) 8 7497. SEC. 17. No person shall take, kill or capture in one day more than the following number of any of the game birds mentioned in this act: Quail, five; partridge, ruffed grouse and spruce hens, five; black bellied and golden plover and greater and lesser yellow legs, fifteen in the aggregate of all kinds; woodcock, six; snipe and other shore birds, fifteen; geese and brant, combined, six; and ducks, twenty-five. No person shall at any time have in possession more than the following number of any of the game birds mentioned in this act: Quail, ten; partridge, ruffed grouse and spruce hens, ten in all; black bellied and golden plover and greater and lesser yellow legs, twenty-five in the aggregate of all kinds; woodcock, twenty; snipe and other shore birds, twenty-five in all; geese and brant combined, six; and ducks, twenty-five in all. No person shall kill in any calendar year more than twenty-five of any one kind of the following named game birds, to-wit: Quail, partridge, ruffed grouse, spruce hen, plover, woodcock, snipe and other shore birds, geese and brant combined, twentyfive; ducks, not more than fifty in all during one calendar week. No person shall during the open season of any calendar year, take, kill or capture more than one deer, excepting such deer for camp purposes as may be allowed by law. Am. 1917, Act 317; 1919, Act 336.

The following provisions relating to waterfowl are modifications and regulations in accordance with the Federal law.

WATERFOWL.

WOOD DUCK-Unlawful to kill until 1920.

DUCKS, GEESE AND BRANT-Open season September 16 to December 31.

COOTS AND GALLINULES-Open season September 16 to December 31, inclusive.

BLACK-BREASTED AND GOLDEN PLOVER AND YELLOW-LEGS-Open season September 1 to December 15,

inclusive.

RAILS-Open season September 1 to November 30, inclusive.

WILSON AND JACK SNIPE--Open season September 16 to December 31, inclusive.

OTHER SHORE BIRDS-Protected until 1920.

OPEN SEASON. SQUIRRELS AND CERTAIN BIRDS PROTECTED. BIRDS DESTROYING FISH.

(290) § 7498. SEC. 18. The following named game animals and game birds may be hunted and killed as herein provided during the periods named, which shall be the open season: Deer, November ten to November thirty, both inclusive; fox, gray and black squirrels, October fifteen to October thirty-first, both inclusive; rabbits or hares, November first to March first, both inclusive, except that in the territory lying north of township twenty north, rabbits or hares may be hunted and killed from the first day of October to the first day of March, both inclusive; quail, partridge, ruffed grouse, October first to October thirty-first, both inclusive, in the upper peninsula, and November first to November thirtieth, both inclusive, in the lower peninsula ; spruce hens, October first to November ninth, both inclusive; ducks, geese, brant, wilson or jack snipe, coots and gallinules, September sixteenth to December thirty-first, both inclusive; black-breasted and golden plover and yellow legs, September sixteenth to December fifteenth, both inclusive; rails, September sixteenth to December fifteenth, both inclusive; woodcock, October first to November twenty-fifth, both

inclusive: Provided, however, That black and gray squirrels shall not be hunted or killed until the year nineteen hundred twenty-one : Provided further, That Mongolian, English, or any other kind of pheasants, quail, black fowl, capercailzie, hazel grouse, spruce hens or Canadian grouse, prairie chickens and wild turkey, killdeer and wading, shore and meadow birds shall not be hunted or killed until the year nineteen hundred twenty-one and then only at the time, and in the manner and for the purpose authorized by law: Provided further, That wood-duck cannot be taken until nineteen hundred twenty-four: Provided further, That blue heron, shell-drake, kittiwakes or terns and mergansers may be killed at any time when it can be shown that they are destroying brook trout or other fish in any of the waters of this State, by securing a permit to do so from the State game, fish and forest fire commissioner.

Am. 1917, Act 317; 1919, Act 336.

See note following compiler's section 289.

See appendix for orders closing or suspending open season for taking or hunting game or fur-bearing animals or game birds in certain counties, as provided for by Act 9, P. A. 1917, sections 296-300 of this compilation.

SHIPMENTS BY NON-RESIDENT HUNTERS.-SHIPPING PERMITS.

(201) § 7499. SEC. 19. Any non-resident hunter, who by the laws of this State is required to procure a non-resident hunter's license and who does procure same, may take from this State as open baggage a number of any or each of all said game birds equal to the number of said birds permitted to be killed by him under said license in a single day. And may ship to any point without the State, one deer or part of a deer: Provided, That he shall first obtain from the State game, fish and forestry warden or his authorized deputy, a shipping permit and deliver the same to the agent at the initial point of shipment and also exhibit his license to the said agent, sign and detach the coupon therefrom and attach the same to such deer or part thereof offered for shipment, in the presence of the shipping agent, and if he cannot write he shall sign by his mark, which agent shall sign such coupon as a witness, and such coupon shall then be cancelled by such agent and accompany said deer or part thereof to its destination.

PENALTY.

(292) § 7500. SEC. 20. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof for the first offense shall be punished by a fine of not less than ten dollars and not exceeding one hundred dollars, together with costs of prosecution, or by imprisonment in the county jail or Detroit house of correction not exceeding ninety days, or by both such fine and imprisonment in the discretion of the court; and for the second or any subsequent offense charged as such in the complaint, shall upon conviction be punished by a fine of not less than fifty dollars and not exceeding two hundred dollars and costs of prosecution, or by imprisonment not less than sixty days nor more than one year, and in all cases when a fine and costs are imposed, the court shall sentence the offender to be confined in the county jail or Detroit house of correction until such fine and costs are paid, for any period not exceeding the maximum jail penalty provided for such offense.

Sec. 21 repeals all inconsistent acts, local or general.

An Act to prohibit the molesting of game and insectivorous birds by operators of aircraft.

[Act 82, P. A. 1919.]

The People of the State of Michigan enact:

UNLAWFULLY USING AIRCRAFT IN PURSUING, ETC., GAME, ETO.,

BIRDS.

(293) SECTION 1. It shall hereafter be unlawful for any person while in or on any aircraft to molest or pursue any game or insectivorous bird or birds.

PENALTY.

(294) SEC. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor