ment of the sums provided in the original order, by a proper action in the name of the state. If, in the opinion of the court, the estate of the insane person is sufficient to pay the costs of these proceedings, the guardian shall be ordered to pay the same. In all other cases a certified copy of the taxed bill of costs shall be furnished to the county treasurer. The county treasurer shall pay the same to the persons entitled thereto. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said asylum, or within one year thereafter, and recovery thereunder may be had for the expenses incurred on behalf of such insane person during the entire period or periods such insane person has been a patient in said asylum.

tives liable

SEC. 20. If a public patient is an indigent person and has when relarelatives who are legally liable for his support, the prosecut for support. ing attorney of the county in which the order of admission was made shall petition the probate court of said county in his name as prosecuting attorney, stating that the insane person has been ordered admitted to an asylum as a public patient, that he is an indigent person, and that he has relatives, naming them, who are legally liable for his support, and praying that said relatives may be adjudged to reim. burse the state for the expenses paid and to be paid by it in his behalf. The court shall thereupon issue a citation to citation. said relatives, together with the supervisor of the township or an alderman of the ward in which the insane patient has a legal residence, to show cause why the prayer of the petition should not be granted. The citation shall be served at When served. least fourteen days before the day of hearing, and may be served in any part of the state. If it shall appear to said court on said hearing that such insane person is indigent, and that he has relatives who are parties to said proceedings, who are legally liable for his support, and who are able to contribute thereto, he may make an order requiring the payment by such relatives of such sum or sums as he may find they are reasonably able to pay, not exceeding, however, in all, the entire cost of such maintenance. Said order How sums shall require the payment of such sums to the State Treas- paid. urer to be made annually, semi-annually or quarterly, as the court may direct. The court shall furnish the State Treasurer a certified copy of such order, and it shall be the duty of the State Treasurer to collect the sums therein named and to turn the same into the state treasury, so long as such insane person is a public patient. If such relatives so ordered to pay Refusal, etc., shall neglect or refuse to do so, the State Treasurer shall to pay. notify the prosecuting attorney of the county in which the proceedings were had, and in case any of said relatives reside in another county or counties, then also the prosecuting attorney of such other county or counties, of such neglect or refusal, and the prosecuting attorney of the county where said relatives or any of them reside, shall proceed by action, to be brought in the name of the state, to collect such sum.

brought.

When order vacated.

Action, where Such action may be brought in any county where any of said relatives may reside. If any person so ordered to contribute to the support of such insane person shall at any time become unable to pay the sum so ordered, such person may petition the probate court, setting forth the facts; upon the filing of such petition the court shall appoint a day of hearing thereon, and notice of such hearing shall be served on the prosecuting attorney of the county not less than six days before the day of hearing. If the court is satisfied that such person is no longer able to contribute such sum, it may make an order vacating or modifying the original order, and a certified copy of the order so made shall be furnished to the State Treasurer. The costs of these proceedings shall be paid in the manner provided in the preceding section. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said asylum or within one year thereafter; and recovery thereunder may be had for the expenses incurred on behalf of such insane person during the entire period or periods such insane person has been a patient in said asylum. Approved May 5, 1921.

Proceedings, when begun

Wild animals,

of

Possession of, etc., unlawful.

[No. 117.]

AN ACT to provide for the protection of game and birds, to regulate the taking, possession, use and transportation of the same, to prohibit the sale thereof, to regulate the manner of hunting, pursuing and killing game or birds, to provide a penalty for the violation of any of the provisions of this act.

The People of the State of Michigan enact:

SECTION 1. All wild animals and wild birds, both resietc., property dent and migratory (native and introduced), found in this state, are hereby declared to be the property of the state. SEC. 2. No person shall at any time of the year, or in any manner take, pursue, wound or kill any wild animal or wild bird mentioned in this act, or any introduced game animals or birds, or transport, sell, offer or expose for sale, or have the same in possession, contrary to the provisions of this act.

Permit to be issued.

SEC. 3. No person shall hunt with firearms or dogs or in any other manner in any public park or public game preserve at any time, excepting under a permit issued by the Director of Conservation. No person shall deface or destroy any notice posted on any public game preserve.

etc.

SEC. 4. No person, company or corporation shall have in shipment of, possession or under control any of the birds or animals protected by the laws of this state, with intent to ship or carry the same beyond the limits of this state, nor shall ship or carry, or intentionally allow or aid in such shipment or carrying out of this state, any such birds or animals, except as expressly provided by law: Provided, That it shall be lawful to ship, Proviso. 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, which may be consigned at any station in this state to any consignee in this 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: Pro- Further provided further, That the Director of Conservation may in his viso, exchange discretion issue permits under the seal of his department to the owner, trustee or custodian of any animals or birds lawfully held in captivity to transport the same out of the state in exchange for animals or birds of other species desired for propagation or exhibition: Provided further, That the Further Director of Conservation may issue permits to any duly specimens for accredited agents of the United States Department of Agricul- scientific ture, to capture, kill or ship and carry out of the state at any time of the year a limited number of specimens of the birds and animals of the state, to be used for scientific purposes: Provided further, That any non-resident hunter, who Further proby the laws of this state is required to procure a non-resi- license. dent hunter's license and who does procure same, may take from this state as open hand baggage a number of any or each of all said game birds equal to the number of said birds permitted to be killed by him under said license in a single day.

proviso,

purposes.

viso, hunter's

to be con

birds.

SEC. 5. For the purposes of this act the following shall Game, what be considered game: Game animals, moose, elk, caribou, sidered. deer, reindeer, rabbits, and squirrels, (excepting red squir rels); game birds, the anatidae commonly, known as geese, brant and wild duck; the rallidae, commonly known as rails, coots and gallinules; the limicolae, commonly known as shore birds, snipe, woodcock, plovers and sand pipers, tattlers and curlews; the gallinae, commonly known as pheasants, grouse, prairie chicken and quail. All other species of wild resident Non-game and migratory birds shall be considered non-game birds. English sparrows, black birds, crows, hawks, kingfishers and owls are not included among the birds protected by this act. SEC. 6. No person shall at any time have in possession or Possession of, under control any game animal or bird of any kind caught, ful. taken or killed outside of this state, which was caught, taken or killed at a time, in a manner or for a purpose forbidden by the laws of the state, territory or country where the same was caught, taken or killed, or which was shipped out of said state, territory or country, in violation of the laws thereof.

when unlaw

Permit, who

to issue, when.

What to state.

Seal.

Fee.

Scientific purposes.

Heads, pelts, etc., possession of, unlawful.

Proviso.

Possession, proof of.

Who held liable.

SEC. 7. The Director of Conservation is hereby given authority to issue permits to any person to take, capture or kill any wild animal or game bird protected by the laws of this state, when satisfied that such person desires the same exclusively for scientific or propagating purposes. Such permit shall be in writing and shall state the number and kind to be taken, the purpose and manner of taking, and the name and place of residence of the person to whom issued, and shall be signed by the Director of Conservation, and have attached the seal of his department. Such permit shall not be transferable and shall expire December thirty-first following the date of issue, and it shall be unlawful to sell or barter any of the birds or animals taken or killed under such permit. A. fee of one dollar shall accompany each application, which amount shall be forwarded by the Director of Conservation to the State Treasurer within thirty days, and by him credited to the fund of the Director of Conservation. The holder of such permit shall return the same, with a detailed list of all animals or birds captured, to the Director of Conservation. A list of the permits, issued under the provisions of this section shall be incorporated in the monthly report of the warden, and a detailed list shall be incorporated in the biennial report of the warden issuing them. Permits for the taking of non-game birds, their nests, and eggs, for scientific purposes may also be issued by the Director of Conservation on recommendation of the professor of ornithology of the Michigan Agricultural College.

SEC. 8. No person, company or corporation shall have in possession the dead body 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, excepting specimens, heads or pelts prepared or mounted for scientific or educational purposes: Provided, however, That any person may have in his possession for thirty days after the closing of the season any game or birds lawfully killed during the open season. The injuring, killing, capturing, selling or having in possession of each animal or bird, or any part thereof, 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 herein provided. In all prosecutions for violations of any of the provisions of this act, proof of the possession of the dead body or carcass or skin or any portion thereof, of any animal or bird mentioned or referred to in this act, except as herein 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 acting by or under his direction or with his express or implied consent or permission.

contain.

SEC. 9. No person shall kill, catch or have in possession wild nonany wild non-game bird, living or dead, or purchase, sell, game birds. 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 killed within or without the state; and no person shall take, or destroy the eggs of any wild bird protected by law, either game or non-game, or have in possession except as permitted by law. It shall be unlawful for any person while hunting or while with a gun in his possession, to skin or otherwise destroy the identity of any bird: Provided, That Proviso. this section shall not apply to any person holding a certifi cate giving the right to take birds, their nests or eggs, for scientific purposes as hereinafter provided. Such certificates Board, apmay be granted by a board, to consist of three persons who pointment of. 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 Annual reday of December, in writing to the Governor, giving a de- port, what to tail 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 Appointment, before the fifteenth day of December, in each year, and the term of office of such appointee shall commence on the first Term. 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, Permits, to 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 Proviso. 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 Further proissuing such permits, shall keep a record of the same and viso, record immediately notify the Director of Conservation of the is kept. suing of each permit, which notices shall state the name and age of the holder of the certificate and the kinds of birds, nests and eggs authorized to be taken and the place or places where they propose to hunt the same. A fee of one dollar Fee. shall accompany such application for certificate. Such fee of one dollar shall go to the said board to cover its necessary expenses. On proof that the holder of said certificate violated the provisions of this act and has collected for other

when made.

whom issued.

of permits