Owner shall cause dog to be killed.

lect.

(2066.) SEC. 3. The owner or keeper of any dog which has been chasing, worrying, wounding, or killing any sheep, lamb, swine, or cattle (not the property of such owner or keeper), out of his inclosure, or which has assaulted or bitten any person while peaceably walking or riding out of the inclosure of the owner or keeper, shall, within forty-eight hours after having received notice thereof Penalty for neg- in writing, cause such dog to be killed. For every neglect so to do, he shall forfeit the sum of three dollars, and the further sum of one dollar and fifty cents for every forty-eight hours thereafter, until such dog shall be killed, unless it shall satisfactorily appear to the court before which a suit shall be brought for the recovery of said penalty that it was not in the power of such owner or keeper to kill such dog. But no recovery shall be had, unless it shall satisfactorily appear that such dog has done the mischief of which such owner or keeper has had notice as aforesaid.

Supervisor to sue for penalty.

(2067.) SEC. 4. Whenever a citizen of any township where the trespass has been committed, shall make a complaint in writing, verified by his oath or other testimony, to the satisfaction of the supervisor thereof, that a penalty imposed by the provisions of this act has been incurred, he shall commence a suit for the recovery thereof in his name of office, and prosecute the same with due diligence; and the moneys recovered shall be by him paid into the ship treasury. township treasury, to be applied towards the incidental expenses of the township.

Moneys to be

paid into town

Sections 8 and 9.

Chap. 49, K. S. 1946, repealed.

Proviso.

(2068.) SEC. 5. That sections eight and nine of chapter fortynine of the Revised Statutes of eighteen hundred and forty-six, are hereby repealed: Provided, Such repeal shall not affect any action pending.

its

SEC. 6. This act shall take effect and be in force from and after passage.

Penalty for importing, etc.,

An Act to prevent the importation, running at large, and sale of diseased sheep.

[Approved March 20, 1863. Laws of 1863, p. 333.]

(2069.) SECTION 1. The People of the State of Michigan enact, diseased sheep. That it shall not be lawful for the owner of sheep, or any person having the same in charge, knowingly to import or drive into this State, sheep having any contagious disease; and any person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine in any sum not less than fifty dollars, and in default of the payment thereof, by imprisonment in the county jail not more than three months.

lowing diseased

large.

(2070.) SEC. 2. That any person being the owner of sheep, or Penalty for alhaving the same in charge, who shall turn out, or suffer any sheep sheep to run at having any contagious disease, knowing the same to be so diseased, to run at large upon any common, highway, or uninclosed lands, or who shall sell or dispose of any sheep, knowing the same to be so diseased, without first apprising the purchaser thereof of such disease, shall be deemed guilty of a misdemeanor, and shall be punished by fine in any sum not less than fifty dollars nor more than one hundred dollars, and in default of the payment thereof, by imprisonment in the county jail not more than three months.

civil action.

(2071.) SEC. 3. Nothing in this act shall be so construed as to Damages in prevent the recovery of damages, in civil actions, against any person or persons who shall import or drive such diseased sheep into this State, or who shall allow such diseased sheep to run at large, or who shall sell such diseased sheep.

etc., into waters,

(2072.) SECTION 1. The People of the State of Michigan enact, Putting of offal, That it shall be unlawful for all persons to put into any of the prohibited. waters of this State, where fish are taken, any offal, blood, putrid brine, putrid fish, or filth of any description; and any person so Penalty. offending shall be fined in any sum not exceeding three hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the court.

Offal, how destroyed.

Size of meshes of nets.

Proviso.

Spawn, how deposited.

Speckled trout.

Penalty for offending against former sections.

Board of super

regulations for

fishing with nets

(2073.) SEc. 2. All fish, offal, or filth of any description whatsoever, accruing from the catching and curing of fish, shall be burned or buried ten rods distant from the beach or shore of the river or lake.

(2074.) SEC. 3. The size of the meshes of all the lead of pound or trap nets, used in the waters of this State, shall not be less than five inches in extension, knot to knot; and the size of the meshes of all the pot of said nets, shall not be less than two and a half inches in extension, knot to knot, in pound or trap nets used for catching whitefish; and the size of the meshes of all the lead of pound or trap nets used in catching other kinds of fish, shall not be less than four inches in extension, knot to knot; and the size of the meshes of all the pot of said pound or trap nets, shall not be less than two inches in extension, knot to knot, under penalty and on pain of forfeiture of the nets, or fine not exceeding three hundred dollars, or both, at the discretion of the court: Provided, That the penalties of this section shall not apply or work injury to persons who are the present owners of pound or trap nets, but apply to all pound or trap nets hereafter manufactured.

(2075.) SEC. 4. The spawn of all the whitefish caught shall be forthwith deposited, by all persons catching said fish, in the waters in or near the spawning places from which said fish were taken.

(2076.) SEC. 5. No speckled trout shall be killed at any time, by means of nets or seines, in any inland lake, river, or stream.

(2077.) SEC. 6. Any act in contravention of sections two, four, and five of this act shall subject all parties concerned in the breach of the said sections, whether the actual transgressors or accessories, to a penalty of not more than one hundred dollars nor less than twenty-five dollars with all expense of prosecution, or to imprisonment in the county jail for a period not exceeding thirty days, or both, at the discretion of the court.

(2078.) SEC. 7. The board of supervisors of each, or a majority visors to make of them, shall, from time to time, make rules and regulations for regulating the fishing with pound or trap nets, gill nets and line, and all manner of fishing tackle carried on upon all lake and river shores, or upon any water adjacent to or passing through any county of this State.

License.

(2079.) SEC. 8. The board of supervisors of each county, or a majority of them, shall grant, on the application of any transient or non-resident person or persons, a written permission or license for one year, for each and every pound or trap net used, on pay

ment of fifty dollars legal money. All persons concerned in the breach of this act, shall forfeit the sum of one hundred dollars, with all costs of suit. It shall be the duty of the board of supervisors, or Duty of board of a majority of them, to enforce the provisions of this act; and all moneys accruing from fishing licenses and forfeitures shall be paid over to the county treasurer.

supervisors.

recovered.

(2080.) SEC. 9. All forfeitures occurring under sections one, Forfeitures, how two, three, four, five, six, eight, and nine of this act may be recovered by action of debt, with costs of suit, before any court of competent jurisdiction, one moiety thereof to the person who sues To whom paid. for the same, and the other moiety to be paid into the hands of the county treasurer, which [shall] be exclusively used as a pauper fund.

structions in

are taken, pro

(2081.) SEC. 10. It shall be unlawful for any person or persons to Placing obput into any of the waters fronting or bordering land where fish water where fish are taken by the legal owner or occupant of such lands any vessel hibited. or ship ballast, stone, sand, coal cinder, ashes, log slabs, decayed wood, bark, sawdust, or obstruction, or filth of any other description, or to place or drive any pound-net piles or stakes, or any other piles or stakes, or posts, or build any platforms or piers, or any species of seines or continuous trap nets, to the extent of the breadth of such legal owner or occupant's lands so far as the channel banks of the rivers, and to one mile from the beach or shore, at low-water mark of the lakes, straits, inlets, and bays on said waters fronting such owner or occupant's lands, and it shall sub- Penalty for moject any boat owner, or captain of any vessel, to a fine of not net. exceeding fifty dollars, who shall willfully run into or molest any pound net, trap or other stationery nets, or fixtures set in the lakes for fishing purposes. '

a

(2082.) SEC. 11. Any person or persons offending against the provisions of section ten of this act shall be deemed guilty of misdemeanor, and, on conviction thereof, shall be liable to a fine not exceeding one hundred dollars, or imprisonment in the county jail not more than ninety days, or both such fine and imprisonment, in the discretion of the court; and such person or persons shall also be liable civilly for all damages done such fishing grounds to the legal owners or occupants thereof, to be recovered in an action of trespass, in any court of the county where such fishing grounds may be situate, having jurisdiction thereof.1

1 As added by Act 94 of the Laws of 1869, p. 159, approved and took effect April 2, 1869.

lesting pound

An Act to prevent fishing with seines and every kind of continuous nets, in the waters of the counties of Branch, Livingston, Cass, St. Joseph, Kent, Ionia, Genesee, and Calhoun, or in any of the lakes, rivers, or streams of Macomb county.

[Approved March 9, 1867. Laws of 1867, p. 58.]

(2083.) SECTION 1. The People of the State of Michigan enact, That it shall not be lawful hereafter to fish with seines or any species of continuous nets in any of the inland lakes or small streams of the counties of Branch, Livingston, Cass, St. Joseph, Kent, Ionia, Genesee, and Calhoun, nor in any of the lakes, rivers, or streams of Macomb county.

(2084.) SEC. 2. Any person offending against any of the provisions of this act, shall, on conviction thereof, be liable to a fine of not more than one hundred dollars, or imprisonment in the county jail not more than sixty days, to be determined by a court of competent jurisdiction.

Section amended

Fishing with seines.

Where prohibited.

Penalty for violation.

An Act to amend an act entitled "An act to amend an act to amend an act to prevent fishing with seines and every kind of nets, in certain counties in the State of Michigan," approved March sixteenth, eighteen hundred and sixty-one.

[Approved March 4, 1865. Laws of 1865, p. 163.]

SECTION 1. The People of the State of Michigan enact, That section one of an act entitled "An act to amend an act entitled 'An act to prevent fishing with seines and every kind of nets, in certain counties in the State of Michigan,'" and approved March sixteenth, eighteen hundred and sixty-one, be and the same is hereby amended so as to read as follows;

(2085.) SECTION 1. That it shall not be lawful hereafter to fish with seines, or any species of continuous nets, in any of the inland lakes or small streams of the counties of Jackson, Hillsdale, Washtenaw, Van Buren, Calhoun, Kalamazoo, Barry, Eaton, and the townships of Rollin, Medina, Seneca, Dover, Hudson, Cambridge, Franklin, and Woodstock, in Lenawee county.

(2086.) SEC. 2. Any person offending against any of the provisions of this act shall, on conviction thereof, be liable to a fine of not over one hundred dollars, or imprisonment in the county jail not over sixty days, to be determined by a court of competent jurisdiction.

SEC. 3. This act shall take immediate effect.

1 This amendatory act inserted in the place of the original, as it supersedes it.