148 STATE BOARD OF AGRICULTURE 



auy lovrnship board shall designate a period during which it shall be unlawful to 

 set such fires, any person who shall be found guilty of violating the order of such 

 board by setting any such fire in such township contrary to the provisions of any 

 section of this act. shall be deemed guilty of a misdemeanor, and on conviction 

 thereof, shall be subject to the same punishment as is prescribed in section one of 

 this chapter: Provided, That any person desiring to dispose of refuse material by 

 burning the same during the time prohibited by the board of such township, may- 

 do so after first procuring permission in writing, signed by the supervisor and town- 

 ship clerk, or by a majority of such township board, and the said supervisor and 

 township clerk, or a majority of the said board, are hereby authorized to grant 

 such permission, in their discretion, under such conditions as they may prescribe, 

 upon application, made in writing, for such purpose: Provided, further, That said 

 board is hereby authorized at any time to repeal by resolution any action thereto- 

 fore taken by them under the provisions of this act." 



See. 9404 c. (Sec. 6.) "Hereafter it shall be the duty of every person residing 

 north of pai-allel forty-four of north latitude, before setting fire for any of the 

 above mentioned purposes, to serve a notice in writing on every resident owner or 

 occupant of lands or grounds immediately adjoining the tract upon which such fires 

 are to be set, at least one full day previous to the setting of such fires, personally, 

 or by leaving the same at the residence of such adjoining owner or occupant, in the 

 presence of some member of the family of suitable age and discretion, who shall be 

 informed of the contents, and neglecting to give such notice, shall be deemed prima 

 facie evidence of negligence on the part of the person so olTending." 



The laws passed in 1857 in regard to trespassers on the public lands are still in 

 force. They are found in sections 9405 to 9414 of Howell's Annotated Statutes. 

 These sections declare it to be a felony to knowingly enter upon any of the public 

 lands of this State to cut down or destroy trees growing thereon. If the value of 

 the trees so cut down exceeds twenty-five dollars, the maximum penalty is fixed 

 at five years' imprisonment at hard labor in the State Prison, or by fine not less 

 than one hundred nor more than two thousand dollars. Whoever shall take away 

 any timber or lumber from the State lands is deemed guilty of a felony, and upon 

 conviction, is fined not less than a hundred nor more than two thousand dollars, and 

 is also liable to imprisonment for not less than three nor more than twelve months, 

 or imprisonment alone for not more than five years. If the value of the trees cut 

 down or destroyed be less than twenty-five dollars, the punishment is fixed and may 

 be either imprisonment not less than three months nor more than a j^ear, or fine of 

 not less than fifty nor more than one hundred dollars and imprisonment for a period 

 not to exceed three ninntlis. 



Whenever timber upon the public lauds has been destro.yed the prosecution of the 

 supposed offender is begun by preliminary examination, liad within the county where 

 the alleged offense was committed. When the accused person is held for trial 

 upon such preliminary examination, the subsequent proceedings may take place 

 either in the county where the offense was committed or in some other county to 

 which the venue is changed by the circuit court. 



The law further provides that if any owner of a sawmill or his agent receives and 

 saws logs knowing them to have been stolen from the public domain he shall be 

 deemed guilty of a felony, and shall receive the same punishment as would have 

 been inflicted had he been the original timber thief. 



It is the duty of the prosecuting attorney of the county to promptly report to the 

 Commissioner of the State Land Office all trespasses committed upon public lands 

 in his county which may come to his knowledge and it is his further duty when 

 directed by the Commissioner both to prosecute all actions for trespass or injury 

 to the public lands and to advise the Commissioner and give opinions upon all ques- 

 tions of law which the Commissioner may submit to him. 



It is evident that the Michigan forests are not unprotected for laclc of legislation. 

 Existing statutes provide means both for preventing depredations upon the public 

 domain and for employing the inhabitants of the vicinity in suppressing forest fires. 

 If the public lands are defenseless that condition arises rather from lack of enforce- 

 ment of the law than from want of legislation. What is wanted in the communities 

 surrounding the public lands is a public spirit which will convict offenders when 

 found guilty, and will aid in the prevention of crimes against the public by making 

 such offenders unpopular and retribution certain. One would hesitate long before 

 recommending that the enforcement of the law be placed in the hands of State 

 agents rather than local officers were it not that the experience of forestry manage- 

 ment both in this State and elsewhere had demonstrated the necessity of such a 



