1 maiming pig. eons near nest ings, etc. lars: Provided, That such penalty shall not apply to the transpor- Proviso. tation of live quail which are to be kept alive through the winter, or to the transportation of such birds or animals in transitu through this State from other States where it it is lawful to kill such birds or animals at the time of such transportation. (2101.) SEC. 9. No person or persons shall use any gun or guns, Penalty for or fire-arms, to maim, kill, or destroy any wild pigeon or pigeons, at or within one half-mile of the place or places where they are gathered in bodies for the purpose of brooding their young, known as pigeon nestings; and no person or persons shall use any gun, guns, or fire-arms, to maim, kill, or destroy any wild pigeon or pigeons within their roostings, anywhere within the limits of this State; and every person so offending against the provisions of this section, or any part thereof, shall be subject to a penalty of fifty dollars, with costs of suit. how brought. torneys, duties (2102.) SEC. 10. A prosecution may be brought by any person in Prosecution, the name of the people of the State of Michigan, against any person or persons violating any of the provisions of this act, before any justice of the peace of the county in which such violation is alleged to have taken place, or before any court of competent jurisdiction; and it is made the duty of all prosecuting attorneys in Prosecuting at this State to see that the provisions of this act are enforced in of their respective counties, and they shall prosecute all offenders, on receiving information of the violation of any of the provisions of this act; and it is made the duty of sheriffs, under-sheriffs, deputy- sheriffs, etc., sheriffs, constables, and police officers, to inform against and prosecute all persons whom there is probable cause to believe are guilty of violating any of the provisions of this act. duties of. mals may be (2103.) SEC. 11. The provisions of this act shall not apply to any Birds and aniperson who shall kill any of the birds or animals protected by this killed for speciact, for the sole purpose of preserving them as specimens for scien- mens, etc. tific purposes, nor to any person who shall collect the eggs or nests of any bird for such scientific purposes: Provided, That in a Proviso. prosecution for the violation of any of the provisions of this act, it shall not be necessary for the prosecution to prove that the killing of the bird or animal, or the taking of the nest or eggs, as the case may be, was not done for scientific purposes. be made within (2104.) SEC. 12. All prosecutions under the provisions of this act Prosecutions to shall be commenced within three months from the time such three months. offense was committed. 1 Vide note to section 1 of this act. (2105.) SEC. 13. All acts and parts of acts contravening any of the provisions of this act are hereby repealed. Prohibiting kill ing of muskrats, at certain seasons. An Act to prevent the destruction of muskrats and muskrat houses, in the marshes along the shore of lakes Erie, St. Clair, Huron, and Michigan. [Approved April 3, 1869. Laws of 1869, p. 187.] (2106.) SECTION 1. The People of the State of Michigan enact, in certain waters That no person or persons shall kill, destroy, or take, by any means whatsoever, within the limits of the marshes bordering on the waters of Lake Erie, Detroit River, Lake St. Clair, River St. Clair, Lake Huron, and Lake Michigan, any muskrat found in said marshes, or in or on the banks of any bayous or creeks in said marshes, between the fifteenth day of April and the first day of January, under the penalty of three dollars for each muskrat so killed, destroyed, or taken in violation of this act. Penalty. Protection of muskrat houses. Penalties; how recovered. Not to prevent killing where (2107.) SEC. 2. It shall be unlawful for any person or persons to destroy or disturb any muskrat house in said marshes, under a penalty of five dollars for each muskrat house destroyed in violation of this act. (2108.) SEC. 3. Every penalty prescribed by the preceding sections of this act shall be sued for in the name of the people of the State of Michigan, before any justice of the peace in the county where the alleged offense was committed, which suit shall be commenced and carried on in the same manner that prosecutions for misdemeanors are, and the penalties collected in pursuance of this act shall be paid into the county treasury of the county where the offense was committed, for the support of the township libraries of such county. (2109.) SEC. 4. This act shall not be so construed as to prevent injury to prop the catching and killing of any animals specified in the foregoing sections, where there is danger of their doing injury to property, either public or private. erty is done. CHAPTER LXV. DISSECTION IN CERTAIN CASES. An Act to authorize dissection in certain cases, for the advancement of science. [Approved March 27, 1867. Laws of 1867, p. 254.] Certain boards surrender cerpracticing physi and officers to tain bodies to cians. (2110.) SECTION 1. The People of the State of Michigan enact, That any member of either of the following boards of officers, to wit the board of health of any city, village, or township in the State, the mayor, or common council of any city, and the officer or board having direction or control of any almshouse, prison, house of correction, or jail in the State shall, when so requested, surrender the dead bodies of such persons as may be required to be buried at the public expense, to any practicing physician in the State, to be by him used for the advancement of anatomical science, preference being always given to the faculty of the medical department Preference to of the University of Michigan for their use in the instruction of of University. medical students: Provided, That in no case shall the faculty or Proviso. Regents be entitled to require or receive from any medical student or students, for any such body furnished therein, any sum of money in excess of the actual cost of procuring the same.1 medical faculty rendered. (2111.) SEC. 2. No such dead body shall in any case be so sur- Bodies not surrendered if the deceased person, during his last illness, requested to be buried, or if, within twenty-four hours after his death, any person claiming to be of kindred or a friend to the deceased, and satisfying the proper board or officers thereof, shall require to have the body buried, or if such deceased person was a stran ger or traveler As amended by Act 113 of the Laws of 1871, p. 182, approved April 18, 1871. How used. who died suddenly before making himself known; but the dead body shall in all such cases be buried. (2112.) SEC. 3. It shall not be lawful for any person so receiving a dead body to use the same except for the prosecution of anatomHow disposed of ical science, or elsewhere than in this State; and after having been so used, the remains thereof shall be decently buried; but in no case shall such dead body be so delivered when there are any friends or relations of such deceased person known to such board or officers. Permission to possess. (2113.) SEC. 4. Any practicing physician or surgeon of this State, or any medical student under the authority of such physician or surgeon, may have in his possession human dead bodies, or the parts thereof, lawfully obtained, for the purposes of anatomical inquiry or dissection. CHAPTER LXVI. TRESPASS UPON CRANBERRY MARSHES. Penalties for trespass. An Act to prevent trespass upon cranberry marshes. [Approved March 17, 1869. Laws of 1869, p. 58.] (2114.) SECTION 1. The People of the State of Michigan enact, That if any person shall enter the premises of any other person, and take and carry away cranberries or cranberry vines there growing, shall trample or otherwise injure or destroy the cranberry vines growing thereon, without the permission of the owner or occupant of said premises, such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the county jail not less than five days, or by fine not less than five dollars, and costs of prosecution, or both such fine and imprisonment, in the discretion of the court; and if any of the ties. offenses mentioned in this section shall be committed on the first Further penal day of the week, or in disguise, or secretly in the night-time, between sun-setting and sun-rising, on conviction thereof the punishment shall not be less than twenty dollars fine, or imprisonment in the county jail not less than ten days, or both, at discretion of the court. (2115.) SEC. 2. Any person who shall commit any of the acts of Treble damages. trespass in section one of this act, shall be liable in treble damages, in an action of trespass to be brought in the name of the owner or occupant of the land upon which said trespass may have been committed. SEC. 3. This act shall take immediate effect. CHAPTER LXVII. THE DESTRUCTION OF WOLVES, AND OTHER NOXIOUS ANIMALS. Chapter fifty-one of Revised Statutes of 1846. ing wolves, etc. (2116.) SECTION 1. Every person, being an inhabitant of this Bounty for killState, who shall kill a full-grown wolf, or a wolf's whelp, in any organized township in this State, shall be entitled to a bounty of eight dollars for each wolf over three months old, and four dollars for each wolf's whelp under the age of three months, to be allowed and paid in the manner hereinafter provided. head, etc., to be (2117.) SEC. 2. Every person intending to apply for such bounty wolf or wolf's shall take such wolf or wolf's whelp killed by him, or the head taken to justice. thereof, with the ears and skin entire thereon, to one of the justices of the peace of the township within which such wolf or whelp shall have been taken, who shall thereupon associate with him another justice, or an assessor, or commissioner of highways of such township, to act with him in deciding upon such application. |