GAME AND FISH WARDEN

CHASE S. OSBORN

SAULT STE. MARIE, MICH.

For names and addresses of deputy game and fish wardens, address the Game and Fish Warden.

The section numbers in parentheses, ( ), are compiler's sections and are consecutive throughout the book; the section mark, §, refers to the section number in Howell's Annotated Statutes. Sec. or Section indicates the section of the act.

JUN 29 1939

GAME AND FISH WARDEN.

AN ACT to provide for the appointment of a game and fish warden and to prescribe his powers and duties.

[Act No. 28, P. A. 1887.]

game and fish

(1.) § 2197r. SECTION 1. The People of the State of Mich- Appointment of igan enact, That it shall be the duty of the Governor to warden. appoint some person, a resident of this State, game and fish warden. Said warden shall hold his office for four years, or Term of office. until his successor has been appointed and qualified, unless removed for cause by the Governor; he shall receive a salary salary of. of twelve hundred dollars per annum, payable monthly, and shall also be reimbursed his actual expenses necessarily incurred by him while engaged in the performance of his duties, to be paid on the warrant of the Auditor General, monthly, on the approval of his vouchers therefor.

to be seized.

(2.) § 2197s. Am. P. A. 1893, Act 110. SEC. 2. It shall be when illegal the duty of said game and fish warden to seize all nets mesh used, nets of illegal mesh found in use in the waters of this State, and all nets and other fishing apparatus or appliances 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 proceed- Punishment for ings 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 at any time 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.

violation of.

for violation,

(3.) § 2197t. Idem. SEC. 3. Said warden may make Make complaint 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 proceedings are commenced, and in such case he shall not be obliged to furnish security for costs. Said warden may also appear for the people in any court of

Search and examine.

Evidence.

etc.

competent jurisdiction in any case for violation of any of the laws for the protection or propagation of fish or game, 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. Said warden shall have power to search any person and examine any boat, conveyance, vehicle, fish box, fish bas. ket, game bag, or game coat, or any other receptacle for game or fish, when he has good reason to believe that he will thereby secure evidence of the violation of the law; and any hindrance or interference or attempt at hindrance or interference with such search and examination, shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with or attempt to hinder or interfere with such search and examination. Said Seize all game, game and fish warden 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 or 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. Any court having jurisdiction of the offense, upon receiv ing 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, orate, basket or package, to be broken open and the contents thereof examined by said game and fish warden. All birds, how disposed of. animals or fish or nets or fishing appliances or apparatus seized by the said game and fish warden shall be disposed of in such manner as may be directed by the court before whom the offense is tried or by any court of com. petent jurisdiction. Said game and fish warden shall not be liable for damages on account of any search, examination or seizure, or the destruction of any nets or fishing apparatus of any kind, in accordance with the provisions of this act.

Court to issue a warrant.

Game seized,

Power of warden to serve

process.

(4.) § 2197u. SEC. 4. Said game and fish warden 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. Said warden may arrest, without warrant, any person caught by him in the act of violating any of the aforesaid laws for the protection or propagation of birds, game game or fish, and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall proceed 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 arrests may be made on Sunday, in

GAME AND FISH WARDEN.

which case the person arrested shall be taken before a Sunday arrests, justice of the peace, or other magistrate having jurisdiction, and proceeded against as soon as may be, on a week

day following the arrest.

5.

(5.) § 2197v. SEC. 5. Said warden shall, in the month Account, when of December in each year, file in the office of the Auditor and where filed; General, an account in writing, stating the days and parts of days spent in the discharge of his duty, the kind of service rendered and the places where rendered, and the expenses paid or incurred in the time of the discharge of such duties, which account shall be verified by the oath to be verified. of said warden stating that the same is correct and true in every particular.

(6.) § 2197w. SEC. 6. Said warden shall, at the close Monthly report, of each calendar month, file with the Secretary of State when and where a report in writing, and in detail, stating the service performed by him during the last preceding month, including an account of the suits commenced at his instance, as herein provided for, the disposition made of the same, the result of any brought to trial, and the condition of any undisposed of, and any other particulars he may think proper, and no payment for services performed or expenses paid by said warden shall be made until he shall present to the Auditor General, in addition to the usual oath of performance and payment, a certificate from the said secretary that he has made the report required by this act. The Secretary of State shall cause the monthly Reports to be reports of said warden, or so much thereof as may be of Legislature. interest to the public, to be transmitted annually to the Legislature when in session.

transmitted to

wardens.

(7.) § 2197x. Am. P. A. 1893, Act 110. SEC. 7. The said Appoint deputy game and fish warden shall have power to appoint deputy game and fish wardens, who shall have the same power and authority herein provided for the provided for the game and fish warden himself, subject to the supervision and control of and to removal by the game and fish warden. Said deputy Compensation. game and fish wardens shall receive three dollars per day for each day actually spent in the discharge of their duties, under the direction of the game and fish warden, and their actual expenses necessarily incurred when so employed; said three dollars per day and expenses to be paid monthly on the warrant of the Auditor General, on the approval of voucher. itemized vouchers thereof, verified under oath and certified by the game and fish warden; but the number of deputy wardens shall not exceed ten, and the total amount certified by the game and fish warden and approved by the Auditor General for compensation and expenses of Limit of comdeputy wardens in any one year shall not exceed the sum pensation. of two thousand dollars. Said game and fish warden shall County game also have power to appoint in each county not to exceed and fish warden, three residents thereof as county game and fish wardens, who shall have the same powers in their respective counties as is herein provided for the game and fish