184 GAME COMMISSIONS AND WARDENS. 



after demand and refusal or failure to exhibit any such license, to arrest without 

 warrant any non-resident person or persons found hunting, pursuing or killing any 

 wild animal, wild fowl or bird, and for the purpose of this arrest any person who 

 shall refuse to state his name and place of residence on demand of such officer shall 

 be deemed a non-resident. 



MICHIGAN, a 



Compiled Laws, 1897, chap. 150, p. 1800. 



State game warden; Appointment: (5753) Sec. 1. That it shall be the duty of 

 the Governor to appoint some person, a resident of this state, game and fish warden. 

 Said warden shall hold his office for four years, or until his successor has been 

 appointed and qualified, unless removed for cause by the Governor. [Other provi- 

 sions of this section superseded by Laws of 1899, No. 37.] 



Duties; Actions: (5754) Sec. 2. « -It shall be the duty of said game and fish warden 

 to * * * enforce the statutes of this State for the preservation of moose, wapiti, 

 deer, birds and fish, and to enforce all other laws of this State for the protection and 

 propagation of birds, game and fish now in force, or hereafter enacted, and to bring 

 or cause to be brought and to prosecute or cause to be prosecuted actions and pro- 

 ceedings in the name of the people of this State to punish any parties for the viola- 

 tion of said statutes and laws. Such actions and proceedings may be brought in the 

 name of the people in the like cases, in the same courts, and under the same circum- 

 stances as they may now or at any time hereafter be brought by any individual or 

 by the prosecuting attorneys of the several counties under and by virtue of any laws 

 now existing or hereafter enacted. 



Search; Prima facie evidence; Seizure: (5755) Sec 3. & Said warden may make 

 complaint and cause proceedings to be commenced against any person for the violation 

 of any of the laws for the protection or propagation of game or fish without the sanc- 

 tion of the prosecuting attorney of the county in which such proceedings are com- 

 menced, and in such case he shall not be obliged to furnish security for costs. Said 

 warden may also appear for the people in any court of competent jurisdiction in any 

 case for violation of any of the laws for the protection or propagation of fish or game, 

 and prosecute the same in the same manner and with the same authority as the 

 prosecuting attorney of the county in which such proceedings are commenced. Said 

 warden shall have power to search any person and examine any boat, conveyance, 

 vehicle, fish box, fish basket, game bag, or game coat, or any other receptacle for 

 game or fish, when he has good reason to believe that he will thereby secure evi- 

 dence of the violation of the law; and any hindrance or interference, or attempt at 

 hinderance or interference with such search and examination, shall be prima facie 

 evidence of a violation of the law by the party or parties who hinder or interfere with, 

 or attempt to hinder or interfere with such search and examination. Said game and 

 fish warden shall at any and all times seize and take possession of any and all birds, 

 animals or fish which have been caught, taken or killed, at a time, in a manner or 

 for a purpose, or had in possession or under control, or have been shipped contrary 

 to any of the laws of this State, such seizure may be made without a warrant. Any 

 court having jurisdiction of the offense, upon receiving proof of probable cause for 

 believing in the concealment of any bird, animal or fish, caught, taken, killed, had 

 in possession, under control, or shipped contrary to any of the laws of this State, 

 shall issue a search warrant and cause a search to be made in any place, and to that 

 end may cause any building, enclosure, or car to be entered, and any apartment, 

 chest, box, locker, crate, basket or package to be broken open and the contents 

 thereof examined by said game and fish warden. All birds, animals or fish or nets 



« Acts of 1907 not received. 



&For a judicial exposition of this section, see Osborn v. Charlevoix Circuit Judge 



(Mich.), 72 N. W., 982. 



