brought. When order vacated. Action, where Such action may be brought in any county where any of said relatives may reside. If any person so ordered to contribute to the support of such insane person shall at any time become unable to pay the sum so ordered, such person may petition the probate court, setting forth the facts; upon the filing of such petition the court shall appoint a day of hearing thereon, and notice of such hearing shall be served on the prosecuting attorney of the county not less than six days before the day of hearing. If the court is satisfied that such person is no longer able to contribute such sum, it may make an order vacating or modifying the original order, and a certified copy of the order so made shall be furnished to the State Treasurer. The costs of these proceedings shall be paid in the manner provided in the preceding section. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said asylum or within one year thereafter; and recovery thereunder may be had for the expenses incurred on behalf of such insane person during the entire period or periods such insane person has been a patient in said asylum. Approved May 5, 1921. when begun Wild animals, of state. Possession of, etc., unlawful. [No. 117.] AN ACT to provide for the protection of game and birds, to The People of the State of Michigan enact: All wild animals and wild birds, both resietc., property dent and migratory (native and introduced), found in this state, are hereby declared to be the property of the state. SEC. 2. No person shall at any time of the year, or in any manner take, pursue, wound or kill any wild animal or wild bird mentioned in this act, or any introduced game animals or birds, or transport, sell, offer or expose for sale, or have the same in possession, contrary to the provisions of this act. Permit to be issued. SEC. 3. No person shall hunt with firearms or dogs or in any other manner in any public park or public game preserve at any time, excepting under a permit issued by the Director of Conservation. No person shall deface or destroy any notice posted on any public game preserve. etc. of. SEC. 4. No person, company or corporation shall have in shipment of, possession or under control any of the birds or animals protected by the laws of this state, with intent to ship or carry the same beyond the limits of this state, nor shall ship or carry, or intentionally allow or aid in such shipment or carrying out of this state, any such birds or animals, except as expressly provided by law: Provided, That it shall be lawful to ship, Proviso. and any corporation acting as a common carrier, its officers, agents or servants may lawfully ship, carry, take or transport either within or beyond the confines of this state any such animal or animals, or portion or portions thereof, which may be consigned at any station in this state to any consignee in this state, where the nearest railroad route from such shipping point to any such destination within the state, leaves the confines of the state and re-enters the same: Pro- Further provided further, That the Director of Conservation may in his viso, exchange discretion issue permits under the seal of his department to the owner, trustee or custodian of any animals or birds lawfully held in captivity to transport the same out of the state in exchange for animals or birds of other species desired for propagation or exhibition: Provided further, That the Further Director of Conservation may issue permits to any duly specimens for accredited agents of the United States Department of Agricul- scientific ture, to capture, kill or ship and carry out of the state at any time of the year a limited number of specimens of the birds and animals of the state, to be used for scientific purposes: Provided further, That any non-resident hunter, who Further proby the laws of this state is required to procure a non-resi- license. dent hunter's license and who does procure same, may take from this state as open hand 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. proviso, purposes. viso, hunter's to be con birds. SEC. 5. For the purposes of this act the following shall Game, what be considered game: Game animals, moose, elk, caribou, sidered. deer, reindeer, rabbits, and squirrels, (excepting red squirrels); game birds, the anatidae commonly known as geese, brant and wild duck; the rallidae, commonly known as rails, coots and gallinules; the limicolae, commonly known as shore birds, snipe, woodcock, plovers and sand pipers, tattlers and curlews; the gallinae, commonly known as pheasants, grouse, prairie chicken and quail. All other species of wild resident Non-game and migratory birds shall be considered non-game birds. English sparrows, black birds, crows, hawks, kingfishers and owls are not included among the birds protected by this act. SEC. 6. No person shall at any time have in possession or Possession of, under control any game animal or bird of any kind caught, ful. taken or killed outside of this state, which was caught, taken or killed at a time, in a manner or for a purpose forbidden by the laws of the state, territory or country where the same was caught, taken or killed, or which was shipped out of said state, territory or country, in violation of the laws thereof. when unlaw Permit, who to issue, when. What to state. Seal. Fee. Scientific purposes. Heads, pelts, etc., possession of, unlawful. Proviso. Possession, proof of. Who held liable. SEC. 7. The Director of Conservation is hereby given authority to issue permits to any person to take, capture or kill any wild animal or game bird protected by the laws of this state, when satisfied that such person desires the same exclusively for scientific or propagating purposes. Such permit shall be in writing and shall state the number and kind to be taken, the purpose and manner of taking, and the name and place of residence of the person to whom issued, and shall be signed by the Director of Conservation, and have attached the seal of his department. Such permit shall not be transferable and shall expire December thirty-first following the date of issue, and it shall be unlawful to sell or barter any of the birds or animals taken or killed under such permit. A fee of one dollar shall accompany each application, which amount shall be forwarded by the Director of Conservation to the State Treasurer within thirty days, and by him credited to the fund of the Director of Conservation. The holder of such permit shall return the same, with a detailed list of all animals or birds captured, to the Director of Conservation. list of the permits, issued under the provisions of this section shall be incorporated in the monthly report of the warden, and a detailed list shall be incorporated in the biennial report of the warden issuing them. Permits for the taking of non-game birds, their nests, and eggs, for scientific purposes may also be issued by the Director of Conservation on recommendation of the professor of ornithology of the Michigan Agricultural College. SEC. 8. No person, company or corporation shall have in possession the dead body or carcass or skin or any portion thereof of any animal or bird mentioned or referred to in this act during the time when the killing of such animal or bird is unlawful, except as authorized by law, excepting specimens, heads or pelts prepared or mounted for scientific or educational purposes: Provided, however, That any person may have in his possession for thirty days after the closing of the season any game or birds lawfully killed during the open season. The injuring, killing, capturing, selling or having in possession of each animal or bird, or any part thereof, injured, captured, killed or destroyed, sold or possessed contrary to the provisions of this act, shall be a separate offense, and the person so offending shall be liable to the penalties herein provided. In all prosecutions for violations of any of the provisions of this act, proof of the possession of the dead body or carcass or skin or any portion thereof, of any animal or bird mentioned or referred to in this act, except as herein provided, at a time when the killing thereof is unlawful, shall be prima facie evidence that such animal or bird was killed at a time when the killing thereof was prohibited by law. All persons violating any of the provisions of this act whether as principal, agent, servant or employe, shall be equally liable as principal and any person or principal shall be liable for any violation of any of the provisions of this act by his agent, servant or employe acting by or under his direction or with his express or implied consent or permis sion. game birds. contain. SEC. 9. No person shall kill, catch or have in possession wild nonany wild non-game bird, living or dead, or purchase, sell, offer or expose for sale, any such wild non-game bird after it has been killed or caught, except as permitted by this act, and no part of the plumage, skin or body of any non-game bird protected by this act shall be sold or had in possession for sale, and this irrespective of whether said bird was captured or killed within or without the state; and no person shall take, or destroy the eggs of any wild bird protected by law, either game or non-game, or have in possession except as permitted by law. It shall be unlawful for any person while hunting or while with a gun in his possession, to skin or otherwise destroy the identity of any bird: Provided, That Proviso. this section shall not apply to any person holding a certifi cate giving the right to take birds, their nests or eggs, for scientific purposes as hereinafter provided. Such certificates Board, apmay be granted by a board, to consist of three persons who pointment of. shall be appointed annually, one by the president of the University of Michigan, one by the president of the Michigan Agricultural College, and one by the president of the State Normal College. Such board shall report annually on the first Annual reday of December, in writing to the Governor, giving a de- port, what to tail of permits issued, amount of moneys received and how disbursed and any surplus over actual necessary expenses shall be turned over to the State Treasurer and credited to the general fund. Such appointments shall be made on or Appointment, before the fifteenth day of December, in each year, and the term of office of such appointee shall commence on the first Term. day of January, of the year following such appointment and shall continue for one year from and after said date, last mentioned. To any person above the age of fifteen years, Permits, to who shall present written testimonials from two reputable ornithologists, certifying to the good character and fitness of said applicant to be entrusted with such privilege, such permit may be issued: Provided, That but one permit be issued Proviso. to any one person and then only authorizing the person holding such permit to take one pair each of the birds and one nest and one nest of eggs of the kind of birds specified in such certificate: Provided further, That the board, upon Further proissuing such permits, shall keep a record of the same and viso, record immediately notify the Director of Conservation of the is kept. suing of each permit, which notices shall state the name and age of the holder of the certificate and the kinds of birds, nests and eggs authorized to be taken and the place or places where they propose to hunt the same. A fee of one dollar Fee. shall accompany such application for certificate. Such fee of one dollar shall go to the said board to cover its necessary expenses. On proof that the holder of said certificate violated the provisions of this act and has collected for other when made. whom issued. of permits When to expire. Proviso. Capturing, unlawful means of. Proviso. Floating device, etc., unlawful to use. Closed season. Proviso. Further proviso. than scientific purposes, he shall be punished upon conviction of such offense as provided in section fourteen of this act. The certificates authorized by this act shall expire on the last day of December, of the year of issuance and shall not be transferable, and shall not authorize the holder to take any blue bird or its nest, egg or (eggs), any kirtland warbler, its nest or eggs, any scarlet tanager, its nest or eggs, or any rose-breasted grosbeak, its nest or eggs: Provided, That no person shall by himself, his clerk, servant or agent, expose or keep for sale, or directly or indirectly, upon any pretense or any device, sell or barter, or in consideration of the purchase of any other property give to any person any of the birds, or any part of the birds, taken under the provisions of this section. SEC. 10. No person or persons shall at any time make use of any pit, pitfall, deadfall, scaffold, cage, snare, trap, net, baited hook, or any similar device, or any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing any birds or animals protected by the laws of this state, nor shall any person at any time or in any manner whatever, injure, destroy or rob the eggs of any bird protected by the laws of this state, molest, harass or annoy such birds upon their nests, except as herein provided: Provided, however, That said provision shall not prohibit the trapping of fur-bearing animals, as provided by law. 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. No person while in an automobile shall carry a gun or other firearm, except a pistol or revolver, unless the same be unloaded. 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 person shall hunt, pursue, worry or kill any wild waterfowl, save only from one-half hour before sunrise until sunset of each day of the open season for hunting and killing such wild waterfowl. It shall be unlawful for any person, directly or indirectly, to buy, sell, expose or offer for sale any game animal or game bird, or part thereof, mentioned in this act. SEC. 11. 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: Provided, That it shall be lawful to train or practice dogs upon game birds or rabbits for fifteen days next preceding the opening of the season for hunting ruffed grouse in each year: Provided further, That under such regulations as may be made by the Director of Conservation, dogs entered in field. trials may be trained upon game birds or rabbits for thirty |