« AnteriorContinuar »
of the state of Michigan and is regularly domiciled therein, the sum of one dollar; such application in case of non-residents may be made by mail if the party so desires, to any person authorized to issue licenses who shall forward the license so issued to the party so applying to any address the applicant shall direct. The applicant for the license under this act shall make oath that he is familiar with the game laws and will obey the same under penalty of the revocation of license in addition to other penalties prescribed by this act. In case a person lose his license he may procure a duplicate or new license by filing an affidavit of loss and paying an additional fee of one dollar for same: Provided, That a license may be issued to a minor child under seventeen and over twelve years of age, on application and oath of a parent or legal guardian, by the state game, fish and forest fire commissioner or any person authorized by him to issue licenses when deemed advisable, on condition that the said minor shall be accompanied by a parent or legal guardian or some person authorized by them, when hunting or trapping on lands upon which their parents are not regularly domiciled.
Am. 1917, Act 267 ; 1919, Act 175 ; 1921, Act 284. deemed superseded by Act 284.
Act 161 also amended this section,
WHAT LICENSE TO AUTHORIZE. — BLANKS. - PRINTING OF LICENSES.
(331) $ 7528. SEC. 3. Each license shall be dated when issued and shall authorize the person named therein to hunt for and kill any of the wild animals or wild birds found in this state during the open season for hunting such animals or birds, of that year, but only in the manner and at the times provided by law: Provided, That nothing in this act or in the license issued thereunder shall be construed as to permit the hunting or killing of any wild animals or wild birds in any county or portion of this state where the hunting or killing thereof is prohibited by law. Blanks to be used in issuing licenses for resident and non-resident hunters shall be prepared by the state game, fish and forest fire commissioner and printed on requisition by the board of state auditors. The license shall be printed in such a manner and form as to conform to any provisions of law and shall be so different in color as to easily distinguish the different kinds of licenses and shall be numbered consecutively. The state game, fish and forest fire commissioner shall prepare blank affidavits for resident and non-resident hunter's licenses which shall meet the requirements of this act and shall be numbered consecutively to correspond with the licenses.
(332) § 7529. SEC. 4. The state game, fish and forest fire commissioner shall on or before the first day of September furnish each county clerk in this state with a sufficient number of blank affidavits and licenses to supply his needs. for the year.
The state game, fish and forest fire commissioner shall take a receipt of each county clerk for blank affidavits and licenses so furnished by him. At the end of each fiscal year, which for the purpose of this act shall be the first day of September, each county clerk shall return to the state game, fish and forest fire commissioner all unused licenses and affidavits and stubs of licenses issued, with a report of the number of resident, non-resident and alien licenses issued by him, amount of money received, amount retained by him for his fees and amount paid over to the state game, fish and forest fire commissioner. Am. 1919, Act 318.
Act 161 also amended this section, deemed superseded by Act 318.
COMPENSATION OF COUNTY CLERK.-DISPOSITION OF BALANCE. - PAY OF
MAY USE FUND.
(333) § 7530. SEC. 5. All persons authorized to sell licenses as herein provided, except state deputy game, fish and forestry wardens who receive a regular salary from the state, shall receive as compensation for taking the affidavit herein provided and issuing of said license ten per cent of the amount received for the sale thereof, and shall on the first day of each month send direct to the state game, fish and forest fire commissioner the balance of all moneys received by him preceding such date for the sale of licenses under the provisions of this act. As soon as possible after the first day of each month the state game, fish and forest fire commissioner shall send all moneys received by him for the sale of licenses from all sources to date to the auditor general, together with a sworn statement as to the amount of money received and the source from which it came. The auditor general shall credit all moneys received by him from the state game, fish and forest fire commissioner to the game and fish protection fund which fund shall be paid out by the state treasurer upon warrants by the auditor general for services rendered by the state game, fish and forest fire commissioner and his assistants and deputies together with the expenses incurred in the enforcement of the game and fish laws of the state and the protection and propagation of game and fish upon itemized bills duly sworn to by the officers presenting the same, when audited and duly certified by the state game, fish and forest fire commissioner. The state game, fish and forest fire commissioner may in his discretion with the advice and consent of the public domain commission of the state make use of the funds provided for by this act for the following purposes: For the purpose of propagation of any game animals or birds and the liberation of the same, or their increase at such times, places and in such manner as may be by him deemed advisable; for the purchase and lease of lands, together with the necessary equipment for the purpose of propagating and rearing game animals and game birds, but no such game or birds shall be liberated on or delivered to lands used as private game preserves or enclosed posted lands other than game refuges accepted and posted by the state; for the purpose of issuing and publishing bulletins and pamphlets pertaining to the propagation, protection and conservation of wild life; for the purpose of delivering lectures of an educational value concerning the wild life of the state; for the purpose of destroying wolves and other predacious animals or vermin, and to offer and pay rewards for the destruction of the same, and may make use of any of the deputies of the department for any of such purposes.
Am. 1917, Act 267.
TO HAVE LICENSE WHEN HUNTING.
(334) $ 7531. SEC. 6. Any person to whom a license is issued under the provisions of this act to hunt for or kill any of the wild animals or wild birds found in this state shall, when hunting, have in his possession the license provided for by this act and any person found hunting without the license herein provided for or who shall refuse to show his license on demand of the state game, fish and forest fire commissioner or any of his deputies, or any constable, sheriff or deputy sheriff or to the owner of lands upon which he is hunting, or who shall have in his possession any animal or bird killed by him contrary to the provisions of this act, shall on conviction, be subject to the penalties provided for by section eight of this act.
Am. 1919, Act 318.
FALSE STATEMENTS, —UNLAWFUL
(335) $ 7532. SEC. 7. Any person who shall procure a license under this act by false swearing or by fraud or false statements of any kind, or any person who shall use or attempt to use the license of another, or any person who shall loan or permit any person to use his license shall be deemed to have violated this act, or any person who shall charge more than one dollar for taking affidavit and issuing a resident hunting license or more than ten dollars for taking affidavit and issuing a non-resident license as herein provided, or who shall issue a license under the provisions of this act without receiving the amount of money herein provided for, who shall accept the fee without issuing the license provided for in this act, or who shall refuse or neglect to pay over any money received by him for the sale of licenses as herein provided for a period of thirty days shall be deemed to have violated the provisions of this act, and on conviction shall be punished by a fine of not exceeding one hundred dollars and costs of prosecution or to imprisonment in the county jail for a period not exceeding ninety days or by both such fine and imprisonment in the discretion of the court, and in addition thereto he and his bondsmen shall be personally liable for the amount of money he should have collected and paid to the state game, fish and forest fire commissioner for such licenses. The game, fish and forest fire commissioner shall, when deemed advisable, require additional bonds from persons authorized to sell licenses and in such amount as he will deem sufficient.
(336) $ 7533. SEC. 8. Any person or persons violating any of the provisions of this act shall, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars and cost of prosecution or by imprisonment in the county jail for a period not exceeding ninety days or by both such fine and imprisonment in the discretion of the court, and license granted hereunder shall be revoked and surrendered.
(337) § 7534. SEC. 9. All acts or parts of acts which conflict with the provisions of this act are hereby rcpealed. Nothing in this act, however, shall be construed to repeal act number two hundred sixty-eight of the public acts of eighteen hundred ninety-seven, and act number two hundred six of the public acts of nineteen hundred eleven.
An Act to give additional protection to wild birds and animals and game within
the state of Michigan, prohibiting the hunting for or capture or killing of such wild birds, or animals, or game, by unnaturalized foreign-born residents, forbidding the ownership or possession of shotgun, or rifle, or pistol, or firearms of any kind, by any unnaturalized foreign-born resident, within the state, and prescribing penalties for violation of its provisions.
[Act 14, P. A. 1921.)
The People of the Sta e of Michigan enact:
UNLAWFUL FOR UNNATURALIZED FOREIGN-BORN RESIDENT TO HIUNT ANY WILD BIRD
(338) SECTION 1. That from and after the passage of this act it shall be unlawful for any unnaturalized foreign-born resident to hunt for or capture or kill in this state any wild bird or animals, either game or otherwise, of any description, excepting in defense of person or property; and to that end it shall be unlawful for any unnaturalized foreign-born resident within this state to either own or be possessed of a shotgun, or rifle of any make, or a pistol, or firearms of any kind. Each and every person violating any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not to exceed one hundred dollars for each offense, or be imprisoned in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court: Provided, That in addition to the before named penalty, all guns or firearms of the before-mentioned kind, found in possession or under control of an unnaturalized foreign-born resident shall, upon conviction of such person, be declared forfeited to the state of Michigan, and shall be sold by the state game commissioner as hereinafter directed.
WIIEN CONSIDERED A RESIDENT.
(339) SEC. 2. For the purposes of this act, any unnaturalized foreign-born person who shall reside or live within the boundaries of the state of Michigan for ten consecutive days shall be considered a resident, and shall be liable to the penalties imposed for violation of the provisions of this act.
POSSESSION OF FIREARMS OF ANY KIND PROOF OF A VIOLATION.
(340) SEC. 3. That the possession of a shotgun, or rifle, or pistol, or firearm of any kind, at any place outside of buildings within this state by an unnaturalized foreign-born resident, shall be conclusive proof of a violation of the provision of section one of this act, and shall render any person convicted thereof liable to the penalty as fixed by said section.
EVIDENCE OF VIOLATION.
(341) SEC. 4. That the presence of a shotgun, or rifle, or pistol, or firearm of any kind, in a room, or house, or building, or tent, or camp, of any description within this state, occupied or controlled by an unnaturalized foreign-born resident, shall be prima facie evidence that such firearms are owned or controlled by the person occupying or controlling the property in which such firearms are found, and shall render such person liable to the penalty imposed by section one of this act.
NOTICE OF THE SEIZURE OF ALL GUYS FOR. VIOLATIONS TO BE SENT TO STATE GAME
(342) Sec. 5. That notice of the seizure of all guns made for violation of any provision of section one of this act shall be sent to the state game commissioner at Lansing, by the officer making such seizure, immediately after the final verdict in any prosecution brought for violation of said provisions; and the gun so seized shall be sold at the discretion of the state game commissioner, and the proceeds arising from said sale, if any, shall be paid to the state treasurer, for the use of the state.
MAY ARREST WITHOUT WARRANT.-SUNDAY ARRESTS.
(343) Sec. 6. That all duly appointed sworn officers of the state game department of this state, and all constables, police officers, members of the state police, forestry wardens, and all the peace officers of the state, shall have the right, and it is hereby made their duty, to arrest, without warrant, any person whom they have good reason to suspect as belonging to the class of unnaturalized foreign-born residents, when they find such person with a gun, or firearms, of the before-mentioned kind in possession within the state of Michigan. Such arrests may also be made upon Sunday, in which case the person or persons so arrested, for safe-keeping may be committed to the jail or lock-up for that day; but shall be taken before the proper magistrate and proceeded against on week day following the arrest, and any or either of such officers shall have the right and power where they suspect the concealment by unnaturalized foreignborn resident, of guns, or firearms, of the before-mentioned kind, to apply to any court having jurisdiction of the offense within the state, who upon receipt of proof made by affidavit of the probable cause for believing in such concealment, shall issue a search warrant and cause a search to be made in any place; and to that end the said officer shall have the power, after demand and refusal, to cause any building, room, inclosure, or car, to be broken open and entered, and any closet, chest, locker, box, or package, or other receptacle, to be opened and the contents examined by said officer.
JURISDICTION.-ENFORCEMENT OF ACT.
(344) SEC. 7. Each and every magistrate and justice of the peace of this state shall have jurisdiction over the violation of any provisions of this act; and all actions for violation of any provisions hereinbefore mentioned, excepting where the defendant is taken in the act, or pursuant immediately following the act, shall be commenced by complaint made and warrant issued within one year from the time of such violation. Each and every magisirate and justice of the peace, on complaint made before him, on affidavit of any person, of a violation of the provisions of this act by any person, is herewith authorized and required to issue his warrant, under his hand and official seal, directed to any constable, police officer, game protector, or any other officer of the state known as a police officer and authorized to serve warrants, and cause such person to be brought before such magistrate, or justice of the peace, who shall hear the evidence or determine the guilt or innocence of the party charged. If the accused be convicted of such offense, he shall at the discretion of the court, be sentenced to pay the full penalty "prescribed by the section violated, and to pay all costs of prosecution.
(345) SEC. 8. This act shall not be construed to repeal act number two hundred seventy-four of the Public Acts of nineteen hundred eleven, or any part thereof, or any amendments thereto.
SHERIFF AUTHORIZED TO ISSUE PERMIT.
(346) SEC. 9. The sheriff of each county in this state upon the recommendation of at least two citizens of the state is hereby authorized to issue a permit to any unnaturalized foreign-born resident to possess firearms, upon a written application being made to him stating the name and address of such applicant and the necessity for such permit. Any permits issued under this section may be revoked by said sheriff at any time. It shall be the duty of the sheriff of each county in the state to furnish the state game commissioner with a list of the names of the persons to whom he issues such permits.
ACT NOT TO APPLY TO ANY SOLDIER OR SAILOR OF THE UNITED STATES.
(347) SEC. 10. This act shall not apply to any soldier or sailor now in the service of the United States, or who has been honorably discharged therefrom, nor to any person holding an unrevoked permit issued as provided for in the preceding section.
An Act to license the killing of beaver, to prescribe a closed season therefor, and to provide penalties for the violation thereof.
[Act 206, P. A. 1911.]
CLOSED SEASON FOR BEAVER.—UNLAWFUL POSSESSION.
(348) § 7516. SECTION 1. It shall not be lawful for any person to take, trap, hunt, shoot, kill or molest, or attempt to take, trap, hunt, shoot, kill or molest any beaver from and including the sixteenth day of April to and including the thirty-first day of October of each year, nor shall any person have in possession the carcass or skin of any beaver that was killed during the time when the killing thereof is by this act prohibited, unless having attached thereto a seal as hereinafter provided.
Am. 1919, Act 317.
See appendix for orders closing or suspending open season for taking or hunting game or fur-bearing animals or game birds in certain counties, under the provisions of Act 9, P. A. 1917, sections 290-293 of this compilation.
PERMIT TO TAKE BEAVER. -LICENSE.
(349) § 7517. SEC. 2. No person shall take, kill or molest any beaver without having obtained a license from the county clerk of the county in which said applicant resides or proposes to take and kill beaver, as prescribed in section three of this act.
COUNTY CLERK TO ISSUE LICENSE-FEE.- RECORD,
(350) $ 7518. SEC. 3. It shall be the duty of any county clerk, to issue a license to take and kill not to exceed fifteen beaver to any person who shall pay to said clerk therefor the sum of ten dollars. It shall be the duty of the said county clerk at the time of issuing said license;
(a) To enter a full description of said applicant in a book, to be provided for that purpose by the state game, fish and forest fire commissioner, which der scription shall contain the name, age, and residence of the applicant, and such