MICHIGAN EXPERIMENT STATION 33 



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 theretofore 

 taken by them under the provisions of this act." 



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

 residing north of parallel 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 ad- 

 joining 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 

 offending." 



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 know- 

 ingly enter upon any of the public lands of this State to cut down or 

 desitroy trees growing thereon. If the value of the trees so cut down ex- 

 ceeds twenty-five dollars, the maximum penalty is fixed at five years' im- 

 prisonment 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 fur 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 im- 

 prisonment not less than three months por more than a year, or fine of 

 not less than fifty nor more than one hundred dollars and imprisonment 

 for a period not to exceed three months. 



Whenever timber upon the public lands has been destroyed the prosecu- 

 tion of the supposed offender is begun by preliminary examination, had 

 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 of- 

 fense 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 Oflflce all trespasses 

 committed upon public lands in his county which may come to his knowl- 

 edge^ 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 questions of law 

 which the Commissioner may submit to him. 



It is evident that the Michigan forests are not unprotected for lack of 

 legislation. Existing statutes provide means both for preventing depre- 

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