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Examination of applicant.

When certificate to be given.

Certificate to be delivered to supervisor.

Certificate to be

laid before board

etc.

Duplicate certificate of boun

(2118.) SEC. 3. The person claiming such bounty shall then be sworn by such justice, and state on oath the time and place when and where every wolf and wolf's whelp, for which a bounty is claimed by him, was taken and killed; and he shall also submit to such further examination on oath, concerning the taking and killing of such wolf or whelp, as the justice and officer associated with him may require, and the statement made by him shall be reduced to writing in the form of an affidavit, which shall be subscribed by the person making it.

(2119.) SEC. 4. If it shall appear to the justice and officer associated with him, that the wolf or whelp was taken and killed within such township by the person applying for such bounty, and that the mother of any such whelp was not taken before she brought forth the same, they shall cut off and burn to ashes the ears and scalp of such wolf or whelp, and deliver to the person so applying a certificate of the facts, and whether the same was over or under the age of three months when taken, annexing thereto the original affidavit made and subscribed by such person.

(2120.) SEC. 5. Such certificate, with the affidavit annexed, shall, within fifteen days after the date thereof, be delivered to one of the supervisors of the same county; and if such supervisor shall doubt the correctness of the certificate or affidavit, he shall give notice to the person claiming the bounty to give further evidence of the correctness thereof, and shall retain the papers in his hands until such further proof shall be made.

(2121.) SEC. 6. If such supervisor shall have no doubt as to the of supervisors, correctness of such certificate and affidavit, or if his doubts shall be removed by further proof, he shall lay such certificate and affidavit before the board of supervisors at their next meeting, and if the board shall be satisfied that such certificate and affidavit are just and correct, they shall award to the person to whom such certificate shall have been granted the bounty above specified, and shall cause the certificate and affidavit to be filed with their clerk. (2122.) SEC. 7. Duplicate certificates, stating all the bounties ties to be deliv- that shall have been allowed by the board at any meeting, shall be er, and bounties made under their direction, and after being signed by their chairman and clerk, shall be delivered to the county treasurer, who shall thereupon pay to the several persons named in such certificate, out of any moneys in the treasury for defraying the contingent expenses of the county, the bounties to them respectfully allowed. (2123.) SEC. 8. The county treasurer shall charge to the Treascharged to State urer of the State the one-half of all the bounties allowed by the board of supervisors, and shall transmit an account thereof to the

ered to treasur

paid.

One-half of bounty to be Treasurer, etc.

Auditor General, accompanied by one of the duplicate certificates received from the board of supervisors; and shall also procure and transmit with such account, a certified copy of the original certificates and affidavits filed with the clerk of the board of supervisors, upon which the bounties mentioned in such account shall have been allowed.

to examine ac

proceedings

(2124.) SEC. 9. The Auditor General shall examine every Auditor General account so transmitted to him, and if he shall discover any defect couuts, etc.; or irregularity, which shall induce him to believe the same ought thereon. not to be allowed, he may suspend, in whole or in part, as he may think proper, the payment of such account, until satisfactory proof be made to him, by affidavit or otherwise, of the justice of such account; and if the further proofs produced to him shall not be satisfactory, he shall reject such portion of the account as shall have been suspended, and his decision thereon shall be final and conclusive.

be paid out of

(2125.) SEC. 10. Every sum audited and allowed by the Auditor Sums audited to General, upon any such account, not exceeding the one-half of the State Treasury. bounties allowed by the board of supervisors, shall be paid out of the Treasury of the State to the treasurer of the county from which such account was transmitted.

bounties.

(2126.) SEC. 11. The boards of supervisors of the several coun- Additional ties of this State shall have power, at the expense of their respective counties, to award and allow such other and further bounties for the destruction of wolves, wolf whelps, and such bounties for the destruction of panthers and other noxious animals within their respective counties, as they may think proper; and the same proof shall be required in such case as is herein before prescribed, and such additional and other bounties, when duly allowed and certified, shall be paid out of the county treasury.

tificate, a mis

(2127.) SEC. 12. If any justice of the peace, or other officer, Giving false cerwho shall be applied to for a certificate under the provisions of demeanor. this chapter, shall willfully give a false certificate in the premises, such justice or other officer shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year.

township board

(2128.) SEC. 13. The township boards of the several townships Bounties; what of this State shall have power, at the expense of their respective may allow. townships, to award and allow such other bounties for the destruction of wolves, wolf whelps, and such bounties for the destruction

1 See subdivision 13, of section 477, p. 233.

How paid.

Proviso.

of panthers and other noxious animals, within their respective townships, as the qualified electors of each shall have voted at the annual township meeting next preceding; and such additional and other bounties, when duly allowed and certified in such manner as the township board may prescribe, shall be paid out of the township treasury: Provided, That neither of the bounties provided for in this section shall exceed in amount the sum of two dollars.

CHAPTER LXVIII.

PREVENTING THE SPREAD OF CANADA THISTLES.

Owner or occupant to cut down thistles.

An Act to prevent the spreading of Canada thistles in the State of Michigan.

[Approved March 17, 1863. Laws of 1863, p. 183.]

(2129.) SECTION 1. The People of the State of Michigan enact, That it shall be the duty of every owner, possessor, or occupier of land, to cut, or cause to be cut down, all the Canada thistles growing thereon, or on the highway passing by or through the same, so often in each and every year as shall be sufficient to prevent them Penalty for suf going to seed; and if any owner, possessor, or occupier of land shall knowingly suffer any such Canada thistles to grow thereon, and the seed to ripen so as to cause or endanger the spread thereof, he shall, on conviction, be liable to a fine of ten dollars for every such offense.

fering them to

grow.

Duties of over

seers or commis

ways.

(2130.) SEC. 2. It shall be the duty of the overseers or commissioners of high- sioners of highways in any township, to see that the provisions of this act shall be carried out within their respective highway districts; and they shall give notice to the owner, possessor, or occupier of any land within said district, whereon Canada thistles shall

2 This section added by Act 129 of the Laws of 1869, p. 226, and amended by Act 8 of the Laws of 1871, p. 9, approved January 27, 1871.

be growing and in danger of going to seed, requiring him to cause
the same to be cut down within five days from the service of such
notice; and in case such owner, possessor, or occupier shall refuse
or neglect to cut down the said Canada thistles, the overseer or
commissioners of highways shall enter upon the land and cause all
such Canada thistles to be cut down, with as little damage to
growing crops as may be, and he shall not be liable to be sued in
action of trespass therefor: Provided, That where such Canada Proviso.
thistles are growing upon non-resident lands, it shall not be nec-
essary to give notice before proceeding to cut down the same.

red; account of,

(2131.) SEC. 3. Each overseer or commissioner of highways shall Expenses incurkeep an accurate account of the expense incurred by him in carry- to be kept. ing out the provisions of the preceding section of this act, with respect to each parcel of land entered upon therefor, and shall offer a statement of such expense, describing, by its legal description, the land entered upon, and verified by oath, to the owner, possessor, or occupier of such resident lands, requiring him to pay the amount. In case such owner, possessor, or occupier shall refuse or neglect Allowance of. to pay the same within thirty days after such application, said claim shall be presented to the township board of the township in which such expense was incurred, and said township board is hereby authorized and required to audit and allow such claim, and order the same to be paid from the fund for general township purposes of said township, out of any moneys in the township treasury not otherwise appropriated. The said overseer or commissioners Expenses incurof highways shall also present to the said township board a similar dent lands. statement of the expense incurred by him in carrying out the provisions of said section, upon any non-resident land, and the said township board is hereby authorized and required to audit and allow the same in like manner.

red on non-resi

to be levied on

(2132.) SEC. 4. The supervisor of the township shall cause all Expenses paid, such expenditures as have been so paid from the township treas- lands. ury, under the provisions of this act, to be severally levied on the lands so described in the statements of the overseers or commissioners of highways, and to be collected in the same manner as delinquent highway taxes are collected; and the same, when collected, shall be paid into the township treasury to reimburse the outlay therefrom aforesaid.

ing seed among seed of the this

(2133.) SEC. 5. Any person who shall knowingly vend any grass Penalty for sellor other seed, among which there is any seed of the Canada thistle, which there is shall, for every such offense, upon conviction, be liable to a fine of the twenty dollars.

Penalties.

Proviso.

to law, any such liquor, he shall forfeit and pay, on the first conviction, twenty-five dollars and the costs of suit or prosecution, and shall be at once committed to the common jail of the county until the same be paid. On the second conviction for the like offense, he shall forfeit and pay fifty dollars and the costs of suit or prosecution, and shall be committed as aforesaid until the same be paid. On the third and every subsequent conviction, he shall forfeit and pay one hundred dollars and costs, and shall, in addition to such forfeiture, be imprisoned in such jail not less than three nor more than six months: Provided, That on a first or second conviction, such person shall not be committed for more than three months from the date of the conviction: Provided, That it shall in Further proviso. no case be any defense that the person has been before convicted one or more times, but he may be prosecuted at any time, or any number of times, as for a first offense, if the several prosecutions are for distinct offenses. Any person who shall be drunk or intoxicated in any hotel, tavern, inn, saloon, or place of public business, or in any assemblage of people collected together in any place for any purpose, or in any street, lane, alley, highway, or railway car, by drinking intoxicating liquors, shall, on conviction thereof, be punished by a fine of five dollars and the costs of prosecution, or be punished by imprisonment in the common jail of the county not exceeding twenty days, or both such fine and imprisonment, in the discretion of the court.1

Penalty for being common seller or manufacturer.

Proviso.

Judgment and costs to be paid

(2139.) SEC. 4. Every person who shall be a common seller, by himself, his clerk, agent, or servant, of any such liquors, and every person who shall be a manufacturer thereof, shall, on each conviction, forfeit and pay double the amount specified in the last preceding section, with the costs of suit or prosecution; and on the two first convictions he shall be committed to such common jail until the same be paid, and on the third or any subsequent conviction he shall, in addition to the forfeiture, be imprisoned in such jail for six months: Provided, That a person convicted under this section shall not, on either a first or second conviction, be held committed for more than three months from the date of the conviction.

(2140.) SEC. 5. Notwithstanding such commitment, or such notwithstanding imprisonment, provided for in the two last preceding sections, the imprisonment. sum so adjudged against the person convicted, and such costs,

1 As amended by Act 196 of the Laws of 1871, p. 868, approved and took effect April 20, 1871.

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