What considered 'game birds."

Wild non-game bird, not to kill, sell, etc.

SEC. 16. For the purpose of this act, the following shall be considered game birds: The Anatidae commonly known as geese, brant and wild ducks; the Rallidae commonly known as rails, coots and gallinules; the Limcolae commonly known as shore birds, snipe, woodcock, plover, sandpipers, tatlers and curlews; the Gallinae commonly known as wild turkeys, pheasants, grouse, prairie chickens and quail. All other species of wild resident or migratory birds shall be considered non-game birds.

SEC. 17. No person within the State of Michigan shall kill, catch, or have in his or their possession any resident or migratory wild non-game bird, living or dead, or purchase, 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 Unlawful to de- killed within or without this State, and no person within this State shall take or destroy, or attempt to take or destroy, the eggs of any wild bird, or have the eggs in his or their possession, except as permitted by this act.

stroy eggs, etc.

Certificates to

take birds, for scientific purposes.

who to appoint, term, etc.

SEC. 18. Section seventeen of this act shall not apply to any person holding a certificate giving the rights to take birds, their nests or eggs, for scientific purposes as hereinBoard, members, after provided. Such certificates may be granted by a board, to consist of three persons who 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 day of December, in writing, to the Governor, giving a detail 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 before the fifteenth day of December in each year and the term of office of such appointee shall commence on the first 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, 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 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 issuing such permits, shall keep a record of the same and immediately notify the State Game and Fish Warden of the issuing of each permit, which notice shall state the name and age of the holder of the certificate and the kind of birds, nests and eggs authorized to be taken

Qualifications for permit.

Proviso.

Further proviso

as to record, etc.

and the place or places where they propose to hunt the same. A fee of one dollar shall accompany such application for cer- Fee. tificate. Such fee of one dollar shall go to said board to cover its necessary expenses. On proof that the holder of Penalty. said certificate has violated the provisions of this act and has collected for other than scientific purposes, he shall be punished upon conviction of such offense as provided in section twenty-nine of this act. The certificates authorized by Certificates, nontransferable, etc. 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 or eggs, any kirtland warbler its nest or eggs, any scarlet tanager its nest or eggs, or any red-breasted grosbeak its nest or eggs: Provided, That no person shall by himself, his clerk, Proviso as to sale, servant or agent, expose or keep for sale, or directly or indi- etc. rectly, 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. 19. English sparrows, black birds, crows, coopers Birds not hawks, sharpshinned hawks and great horned owls are not protected. included among the birds protected by this act: Provided, Proviso. That said birds are not sold or offered for sale or shipped beyond the confines of this State.

to have in closed

season.

Pro- Further proviso as

SEC. 20. No person shall have in possession the dead body Carcass, etc., not 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, and excepting specimens, heads or pelts, prepared or mounted for scientific or educational purposes: Provided, however, That any person may have in his posses- Proviso. sion for five days after the closing of the season, game birds and animals lawfully killed during the open season: vided further, That any person engaged in rearing any persons raising of animals. the animals mentioned in this act, within an enclosure, may kill for his own use and consumption at any time any of the said animals, and may sell and transport alive any of the said animals, when accompanied by a permit from the State Permit to Game and Fish Warden; and it shall be the duty of the said transport. State Game and Fish Warden to issue such permits upon application, when satisfied that such animals were so reared within an enclosure.

to

one decr.

SEC. 21. The State Game and Fish Warden is hereby au- Permit to nonthorized to issue to any non-resident of this State, who has resident to ship taken out a non-resident license to hunt for deer in this State, a permit to take one deer out of this State, when fully satisfied such deer was lawfully killed by such non-resident, and is for the personal use of such non-resident, and that no part of same will be sold: Provided, That when the county clerk Proviso as to issues a license for killing deer he shall have the party, to whom the license is issued, make oath that he will not sell, loan, give or in any way transfer said license; that he will not

oath.

Prosecutions, what defense to

"attach or allow to be attached the accompanying shipping tags to any deer or portion thereof, except such as he may have lawfully killed himself.

SEC. 22. In all prosecutions for a violation of any of the show in certain. provisions of this act, the person or persons claiming the benefit of section twenty must show affirmatively as a part of his defense on the examination or trial, that the animal or bird of which the dead body or carcass or skin, or any portion thereof, is shown to have been in his possession during the time when by law the killing of such animal or bird is unlawful, was killed at a time, and in the manner, and for the purpose authorized by law, and that his possession at the time complained of was for one of the purposes authorized by said section, and it shall not be necessary for the prosecution to aver or prove that such possession was not for the purposes authorized by said section.

Deer skins, permits for

SEC. 23. The State Game and Fish Warden is hereby given authority to issue permits for the transportation and sale of etc., who to issue. deer skins at any season of the year when satisfied that the

transportation,

Packages, how marked.

Proviso.

Proviso as to ducks, etc.

Each animal killed, etc., a

Evidence.

animals from which such skins were taken were killed at a lawful time and in a lawful manner; each hide so transported or sold shall have attached to it the original license tag, while being so transported or sold. All game being transported under cover, shall be plainly marked on outside of package such game is shipped in, with the name of the consignor and the consignee, the initial point of billing, and the destination, together with an itemized statement of the quantity contained therein: Provided, No game birds shall be shipped by express, freight or baggage or in any other manner except as hand baggage: Provided, however, Nothing in this section shall apply to the interstate shipment of wild ducks or other migratory birds, as provided for in section twentyseven of this act.

SEC. 24. The injuring, destruction or killing or capturing separate offense. or selling, or having in possession of each animal or bird 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 and the punishments herein provided for each offense. In all prosecutions for a violation of any of the provisions of this act, proof of the possession of the dead body, carcass or skin. or any portion thereof, of any animal or bird mentioned or referred to in this act, except as hereinbefore 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, done under his direction or knowledge.

All violators liable.

etc., for certain purposes.

SEC. 25. The State Game and Fish Warden is hereby given Permits to kill, authority to issue permits to any person to take, capture or kill any animal or game bird mentioned in this act, at any time when satisfied such person desires the same exclusively as specimens or for scientific or propagating purposes. Such permit shall be in writing and shall state the kind and number to be taken, the manner of taking, the name of the person to whom issued, and shall be signed by him, and shall have attached the seal of his department; such permit shall not Nonbe transferable, nor shall it be lawful to sell or barter any of the game birds or animals taken under such permits, and the holder of such permit shall be liable to the penalties provided in this act if he violates any of the provisions. A fee of one Fee. dollar shall accompany all said applications, which amount shall be immediately forwarded to the State Treasurer and then credited to the State Game and Fish Warden fund.

transferable.

trustees may

SEC. 26. The State Game and Fish Warden may issue per- When park mits to the trustees or custodians of any public park to trans- transport, etc. port out of this State, any bird or animal held in such park, when satisfied that such transfer is for the purpose of exchange with other public parks outside of this State; such permits shall not be transferable and shall be in writing, and issued under the seal of his department, and shall state the name and location of the public park, to whom issued, the kind and number of birds or animals to be so transferred, the name and location of the public park to which transferred, the kind and number of birds or animals for which exchange is made.

whom to issue

of shipper.

SEC. 27. The State Game and Fish Warden may, in his Game warden, discretion, on application and the payment of a ten dollar when and to fee, issue to individuals owning lands in this State, or bona certain permits. fide members of clubs who own and maintain game preserves in this State, permits good for the yearly game season, to ship during the season fifty wild ducks or other migratory birds lawfully killed by him or them, on their own premises or the premises of the club of which he or they are members, to his or their respective homes out of the State: Provided, Proviso as to duty The shipper shall, in each case, make and attach to the package containing such game, his own affidavit, a duplicate copy of which he shall immediately cause to be mailed to the State Game and Fish Warden, setting forth that the wild game birds thus shipped, describing the same, were killed on his premises, or the premises of the club of which he is a member, describing and designating such premises, and that the game was killed by himself, and is not for sale and will not be offered for sale. Any violation of the privileges herein given Penalty. shall at once work a forfeiture of the permit granted, and each and every person guilty of violating this section shall be punished as provided in section twenty-nine of this act. The Fees how dismoney derived from the payment of fees prescribed in this posed of. section shall within ten days after the receipt thereof be for

Who to enforce

act.

Michigan

Audubon Society, to name persons.

Duty of society.

To file bond.

Penalty for

violation of act.

Act repealed.

warded by the State Game and Fish Warden to the State Treasurer, and deposited in the proper fund in the State treasury, and so much of said moneys as shall be so transmitted to the State Treasurer shall be paid out by the Auditor General on his warrant, but only in payment for services rendered by the State Game and Fish Warden and his deputies as allowed by law for such services and the necessary traveling expenses in enforcing the game and fish laws of this State, upon itemized bills duly certified by the State Game and Fish Warden and allowed by the Board of State Auditors.

SEC. 28. It shall be the duty of the State Game and Fish Warden and all deputy wardens, sheriffs, deputy sheriffs and constables, to enforce the provisions of this act, and the Michigan Audubon Society, a body incorporated under the laws of the State of Michigan, may name four persons to represent such society in carrying out the provisions of this act. Each person so named shall be duly appointed by the Game and Fish Warden and shall be invested with and exercise all the powers of a deputy game warden, but shall receive no compensation therefor from the State of Michigan or any county thereof. It shall be the duty of the Michigan Audubon Society to assign territory to the persons selected by them to carry out the provisions of this act as above provided and to require a monthly report from each of such persons. Upon complaint that such person or persons so appointed are negligent in the duties assigned to him or them in carrying out the provisions of this act, the said Audubon Society shall report the fact to the Game and Fish Warden, who shall immediately remove such person or persons and upon recommendation of the Audubon Society shall make appointment to fill such vacancy. In pursuance of this provision the said Michigan Audubon Society shall file a bond with the Secretary of State in the amount of one thousand dollars, with sufficient sureties, approved by the Secretary of State.

SEC. 29. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, for the first offense, shall be punished by a fine of not less than ten dollars and not exceeding one hundred dollars, together with cost of prosecution, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment in the discretion of the court, and for the second or any subsequent offense, shall, upon conviction, be punished by a fine of not less than fifty dollars and not to exceed two hundred dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment in the discretion of the court, and in all cases when a fine and cost is imposed the court shall sentence the offender to be confined in the county jail until such fine and costs are paid, for any period not exceeding the maximum jail penalty provided for such offense.

SEC. 30. Act number two hundred seventeen of the public