This penalty, however, does not apply to the transportation of quails which are to be kept alive during the winter, nor to the transportation of such birds or animals in transitu through this State from other States, where it is lawful to kill them at the time of such transportation.

All persons are prohibited from using guns or other firearms, 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 shall in any way maim, kill, or destroy any wild pigeon or pigeons within their roostings any where within the limits of this State; and any person who shall violate the law in this particular, is subject to a penalty of fifty dollars, with costs of suit.

Any person violating any of the provisions of this act, may be prosecuted 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 ne duty of all Prosecuting Attorneys in this State to see that the provisions of this act are enforced in their respective counties, and to 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, 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.

These provisions do not apply to any person who shall kill any of the birds or animals named, for the sole purpose of preserving them as specimens for scientific purposes, nor to any person who shall collect the eggs or nests of any bird for such scientific purposes. The prosecution in any such case is not required to prove that the killing of the bird or animal, or the

1

taking of the nest or eggs, as the case may be, was not done for scientific purposes.

All prosecutions under this act must be brought within three months from the time the offense was committed.

The statute also provides against the destruction of muskrats and musk-rat houses in the marshes, along the shores of Lakes Erie, St. Clair; Huron, and Michigan, or in or on the banks of any bayous or creeks tributary thereto, between the fifteenth day of April and the first day of January, under a penalty of three dollars for each musk-rat so killed or destroyed.

Penalties for the violation of this act may 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, and such suit shall be carried on in the same manner as prosecutions for other misdemeanors. Penalties are to be paid into the treasury of the county where the offense was committed, for the support of the township libraries of the county.

It is provided that this act shall not be so construed as to prevent 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.

Questions-What is said, in the first paragraph of this lesson, of the killing, pursuing, or hunting of certain animals? During what months may these animals be killed? What is said of the killing of birds? What name is sometimes given to the quail? During what months may these be killed? Why this provision? What is meant by a swivel or punt gun? What is said of the sale of these birds or animals? What exception is made in respect to the sale of these birds. or animals, and why? What penalty is attached to the violation of this act? What song birds may not be killed? Is the penalty the same for robbing nests as killing birds? What is said of transporting birds?

What is the penalty for violating this act? What exception to this penalty? What is said of killing or destroying pigeons? What are the places called where pigeons brood? What is the penalty for killing these birds or destroying their nests? What is the duty of the Prosecuting Attorney in this matter? What is the duty of other officers relative to such prosecutions? To whom do these provisions not apply? What is the prosecution not required to prove? Within what time must prosecutions be brought under this act? What is the law relative to the destruction of musk-rats? To what portions of the State does this act apply? State the penalty for its violation. How are such penalties secured? To what are such penalties applied? State the exceptions to the provisions of this act.

CHAPTER LX.

TRESPASS UPON CRANBERRY MARSHES

DESTRUCTION OF.

CANADA THISTLES,

It is unlawful to enter upon the premises of another, without permission, to take and carry away cranberries or cranberry vines, or to injure them in any way. To do so, subjects the offender to imprisonment in the County Jail, not less than five days, or to a fine of not less than five dollars, or both, in the discretion of the Court; and if the offense is committed on the Sabbath, or in the night time, or while the offender is disguised, the fine is not less than ten dollars, and the imprisonment not less than ten days, or both, at the discretion of the Court; and any such person is also liable to the owner or occupant of the premises, in three times the amount of the actual damages.

Canada Thistles.-The owner or occupant of lands is required, under a penalty of ten dollars, to cut down and destroy all Canada thistles growing upon such land, or upon

the highway running through or by such land, so often as shall be necessary to prevent them from going to seed.`

Overseers of Highways and Highway Commissioners are required to cause all such thistles to be destroyed within their respective townships and districts.

Any person who shall knowingly sell any grass or other seed, among which there is any seed of the Canada thistle, shall be liable to a fine of twenty dollars.

Questions-What is said in relation to trespasses upon cranberry marshes? What circumstances are considered as an aggravation of the offense? What are the owners or occupants of lands required to do with reference to Canada thistles? What officers are to attend to the destruction of Canada thistles? What is the penalty for selling seeds containing seed of the Canada thistle?

CHAPTER LXI.

INTOXICATING LIQUORS

MANUFACTURE AND SALE OF, PRO-
HIBITED.

It is unlawful for any one to manufacture or sell, in person, or by his clerk or agent, spirituous or intoxicating liquors, except as provided by law.

It is not unlawful to manufacture alcohol containing not less than eighty parts in the hundred of pure alcohol. Druggists, who have given bonds, as the law requires, not to sell any spirituous or intoxicating liquors, or any mixed liquor, a part of which is spirituous or intoxicating, except to be used as a medicine, as a chemical agent in scientific, mechanical or manufacturing purposes, or wine for sacramental purposes; nor to sell the same to any person whom he knows, or has good

reason to believe, intends to use it as a beverage, or to any person to be drank, for any purpose, upon the premises; nor to minors, unless upon the written order of his father, mother, guardian, or family physician, may sell such liquors according to the conditions and subject to the limitations of such bonds.

Manufacturers of alcohol manufactured in accordance with the provisions of law, may sell such alcohol to persons who have given such bonds as are mentioned above.

It is not unlawful to make cider from apples, or wine from grapes or other fruits grown or gathered by the manufacturer thereof, or to make beer, in this State, and free from all other intoxicating liquors; but in no case shall such beer be sold in less quantity than five gallons, or such wine or cider be sold in less quantity than one gallon, and sold to be, and be all taken away at one time; and all sales of such beer, in less quantities than five gallons, or of such wine or cider, in less quantity than one gallon, to be drank or used on the premises, shall be an unlawful sale.

It is not unlawful to sell liquors that are of foreign production, and which have been imported under the laws of the United States, and in accordance therewith, and contained in the original packages in which they were imported, and in quantities not less than the laws of the United States prescribe.

All payments for liquors sold in violation of law may be recovered back, by the person paying the same, his wife or any of his children, or his parent, guardian, husband, or employer; and all sales, notes, securities, or the like, made or given where the consideration thereof, either in whole or in part, shall have been the sale or agreement to sell liquor, contrary to law, shall be void, against all persons, and in all cases, except only as against the holders of negotiable securities, or the purchasers of property who may have paid therefor a fair price,