dollars, and of the Senate stenographer five dollars and of the Speaker's messenger of the House of Representatives three Speaker's dollars for actual attendance during the session, which shall messenger. be in full for all services performed during any regular or special session of the legislature. From and after the first House law clerk. day of January, nineteen hundred seven, the per diem compensation of such clerk of the judiciary committee and law clerk of the House shall be six dollars for actual attendance during the session which shall be in full for all services performed during any regular or special session of the legislature. Each shall receive mileage at the rate of ten cents per Mileage. mile for every mile actually traveled in coming to and returning from the capitol by the usually traveled route. governed. SEC. 5. Payment of any sum due under the provisions of Payments, how this act shall be governed by the provisions of compiler's section number thirteen of the Compiled Laws of eighteen hundred ninety-seven. This act is ordered to take immediate effect. Approved June 16, 1905. [No. 256.] AN ACT making appropriations for the Northern Michigan Asylum for the Insane for building and special purposes for the biennial period ending June thirtieth, nineteen hundred seven, and to provide a tax therefor. The People of the State of Michigan enact: SECTION 1. The sum of thirteen thousand eight hundred Appropriation. dollars is hereby appropriated for the Northern Michigan Asylum for the biennial period.ending June thirtieth, nineteen hundred seven, for purposes and amounts as follows: For How used. repairs to reservoir, two thousand dollars; for electric wiring, fifteen hundred dollars; for additional fire protection, two thousand five hundred dollars; for artesian wells, fifteen hundred dollars; for new boilers, two thousand five hundred dollars; for addition to nurses' home, two thousand eight hundred dollars; and for new telephone system, one thousand dollars. SEC. 2. If the amount designated in the foregoing section Transfer of funds. for any one of the purposes stated be insufficient to complete the work, any surplus remaining after the completion of the other work specified in the foregoing section may, by obtaining the consent of the State Board of Corrections and Charities and the Auditor General in writing, before any expense in excess of the specified appropriation is incurred, be used Proviso wher may obtain. How paid. To be incorpo in the account where such deficiency seems unavoidable. The intent of this proviso being to make the entire thirteen thousand eight hundred dollars available for the purposes stated herein, if in the judgment of the State Board of Corrections and Charities and the Auditor General it is deemed advisable to make the transfers for which provision is hereby made: Provided further, That the board of trustees may obtain money under this section before July first, nineteen hundred five, in such amounts as they may by requisition certify to the Auditor General as necessary for immediate use, which amounts so advanced shall be deducted from the total amount appropriated when the appropriation becomes available. SEC. 3. The several sums appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of the Northern Michigan Asylum for the Insane at such time and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder. SEC. 4. The Auditor General shall incorporate in the State rated in state tax. tax for the year nineteen hundred five the sum of thirteen thousand eight hundred dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. Game, property of state. Protection of deer in certain counties until 1908. [No. 257.] AN ACT to revise and amend the laws for the protection of game and birds. The People of the State of Michigan enact: SECTION 1. That all wild animals and wild birds, both resident and migratory, in this State, shall be, and are hereby declared to be, the property of the State. SEC. 2. That no person shall injure, pursue, hunt or kill, or capture, or attempt to injure, pursue, hunt, kill or capture by any means whatever, any deer on the Islands of Bois Blanc or Grand Island or in the counties of Lapeer, Huron, Sanilac, Tuscola, Macomb, Allegan, Ottawa, St. Clair, Lake, Osceola, Clare, Mason, Manistee, Wexford, Missaukee, Newaygo, Mecosta, Isabella, Benzie, Leelanau, Grand Traverse, Oceana, and Gladwin until the first day of January, nineteen hundred eight, and thereafter only at the time, in the manner and for the purpose authorized by law. years. SEC. 3. No person shall hunt, pursue, capture or kill or at- Moose, elk, etc., tempt to hunt, pursue, capture or kill any moose, elk or cari- protected for 8 bou in this State for a period of eight years from and after the date this act shall take effect. SEC. 4. No person shall hunt, pursue or kill, or attempt Deer season. to hunt, pursue, capture or kill any deer in this State, save only from the tenth day of November to the thirtieth day of November, both inclusive, in one year. No person shall kill Number may kill. more than two deer in any one year, and then only at the time, in the manner and for the purpose authorized by law. sold. shipping. SEC. 5. No person shall by himself, his clerk, servant or Game, not to be agent, expose or keep for sale, or directly or indirectly, upon any pretense or device, sell or barter, or in the consideration of the purchase of any other property, give to any other person any of the protected animals or birds mentioned in this act within the State of Michigan, nor shall any person or persons, or any corporation acting as a common carrier, its officers, agents or servants, ship, carry, take or transport, either within or beyond the confines of this State, any animal or animals, or portion or portions thereof, or bird or birds protected by this act, except as hereinafter provided: Pro- Proviso as to vided, however, That it shall be lawful to ship, and any corporation acting as a common carrier, its officers, agents or servants may lawfully ship, carry, take or transport either within or beyond the confines of this State any such animal or animals or portion or portions thereof or bird or birds which may be consigned at any station in this State to any consignee in said State, where the nearest railroad route from such shipping point to any such destination within the State, leaves the confines of the State and re-enters the same. SEC. 6. No person shall hunt, pursue or kill, or capture or Unlawful to kill attempt to hunt, pursue, kill or capture at any time or in any etc. manner, any deer when it is in the red coat or any fawn in the spotted coat, or have in possession the skin of such deer or fawn in the red or spotted coat; and having in possession such deer or fawn or the skin of such deer or fawn in the red or spotted coat shall be deemed prima facie evidence of a violation of this section. Nor shall any person hunt, pursue, While in water. kill or capture, or attempt to hunt, pursue, kill or capture any deer while it is in the water. deer in red coat, season. SEC. 7. No person shall pursue, injure, capture, kill, de- Squirrel stroy, or attempt to pursue, injure, capture, kill or destroy any fox squirrel, American squirrel, black squirrel or gray squirrel, save only from October fifteenth to November thirtieth, both inclusive, in each year; nor shall any person pursue, injure, capture, kill or destroy any such squirrel at any time in any public or private park, or in any incorporated city or village. used. SEC. 8. No person shall make use of any artificial light in Lights not to be hunting, pursuing or killing deer, or in attempting to hunt, pursue or capture, or kill any deer, and the wearing or having Dogs, for hunting ceer. When may be killed. Unlawful to kill pigeon, etc. Pheasants, grouse etc., protected until 1910. Quail, protected until 1907. such light on the head or in possession in the woods shall be prima facie evidence of a violation of this section. SEC. 9. No person or persons shall make use of a dog in hunting, pursuing or killing deer; the presence of a hound in the woods, hunting camp, logging camp or club house during the deer hunting season shall be prima facie evidence of their unlawful use. Any dog pursuing, killing or following upon the track of a deer is hereby declared to be a public nuisance and may be killed by any person when so seen without criminal or civil liability. SEC. 10. No person shall kill, capture or destroy, or attempt to kill, capture or destroy by any means whatever, any mourning dove, or any Antwerp or homing pigeon within the limits of this State. It shall be unlawful to kill or capture, or attempt to kill or capture by any means whatever, any pinnated grouse, commonly called prairie chicken or any Mongolian or English pheasants or any black fowl or capercailzie or any hazel grouse or any wild turkey or any wild pigeon until the year nineteen hundred ten and then only at the time, in the manner and for the purpose authorized by law. SEC. 11. No person shall injure, kill or destroy, or attempt to kill, injure or destroy any bob white or Virginia partridge, commonly called quail, until the fifteenth day of October, nineteen hundred seven, except as hereinafter permitted, and then and thereafter only between the fifteenth day of October and the thirtieth day of November, both inclusive, in each Number may kill year, and it shall be unlawful during said last mentioned period for any person to kill more than twelve quail in one day, and it shall be unlawful for any person to have in his possession or in the possession of any person, firm or corporation for him at one time, more than fifty such bob white or Virginia partridge, commonly called quail. in one day. Partridge, etc., season. Proviso as to SEC. 12. No person shall injure, kill or destroy, or attempt to kill, injure or destroy by any means whatever, any ruffed grouse, commonly called partridge, or any spruce hen, save only from October fifteenth to November thirtieth, both inclusive, in each year: Provided, however, That in the Upper Peninsula ruffed grouse, commonly called partridge, and spruce hen, may be killed from October first to November Number limited. thirtieth, both inclusive, in each year. And it shall be unlawful during the periods last above in this section mentioned, for any person to kill, injure, destroy or capture by any means whatever, a greater number of ruffed grouse or spruce hen than twelve in one day, and it shall be unlawful for any person to have in his possession or in the possession of any person, firm or corporation for him at any one time, more than fifty ruffed grouse or more than fifty spruce hen. Water fowl, etc. SEC. 13. No person shall injure, kill or destroy, or attempt to injure, kill or destroy by any means whatever, any kind of wild duck, snipe, plover, woodcock, or any kind of wild water fowl save only from September first in each year to January wild geese, etc., season. first of the year following, both inclusive, and then only from one-half hour before sunrise until one hour after sunset of each day: Provided, however, That in addition to the open Proviso as to spring duck season for wild fowl shooting hereinbefore in this section shooting. established, it shall be lawful to hunt and kill blue bill, canvass back, red head, widgeon, pintail, whistler, spoon bill and butter ball ducks between the fifteenth day of March and the tenth day of April, both inclusive, in each year: And provided further, That it shall be lawful to hunt and Proviso as to kill wild geese, brant, and saw-bill ducks between the first day of September in each year and the first day of January in the year following, and from the fifteenth of March to the tenth of April. No person or persons shall hunt, pursue, Not to use floating device, etc. worry or kill any wild water fowl by any means whatever during such time, as said person or persons are upon any floating device, or contrivance, propelled by or using as motive power steam, gas, naphtha, oil, gasoline, or electricity, or when upon any sail boat, nor shall any person or persons make use of any swivel or punt gun for the killing of any wild water fowl, or make use of any battery, sink boat, or similar device whatever, save only a gun of not greater size Gauge of gun. than ten gauge, such gun to be held in the hands at the time of firing, and it shall be unlawful for any person to kill in any one day more than twenty-five game fowl or birds mentioned in this section. And it shall be unlawful for any per- Number of birds son at any one time, to have in his possession or in the possession of any person, firm or corporation for him, more than seventy-five such game fowl or birds. limited. poison not to be SEC. 14. No person or persons shall at any time make use Traps, pitfalls, of any pit, pitfall, deadfall scaffold, cage, snare, trap, net, used." baited hook, or any similar device, or any drug, poison, chemical or explosive, for the purpose of injuring, capturing or killing any birds or animals protected by the laws of this State, nor shall any person at any time or in any manner Nests not to be destroyed, etc. whatever, injure, or destroy or rob the nest, or take, injure or destroy, or have in possession the eggs of any bird protected by the laws of this State; or molest, harass or annoy such birds upon their nests, except as herein provided. SEC. 15. No person or persons shall molest, harass or an- Dogs, when not to noy or break, train or practice, any dog upon any game bird, be trained, etc. or animal referred to in this act during their respective closed seasons: Provided, That it shall be lawful for any person Proviso. or persons to train or practice dogs upon game birds for fifteen days next preceding the opening of the ruffed grouse season in each year: Provided further, That it shall be un- Further proviso lawful for any such person to have in his possession any fire. as to firearms. arms while so engaged in training and practicing such dogs. Excepting, however, that the State Game and Fish Warden Exception. may in his discretion issue. to any bona fide field trial association within this State a permit to kill not to exceed twentyfive quail in any one year in connection with the field trial exhibition of such field trial association, |