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ballot box containing such ballots, and conceal, withhold, or destroy the same, or who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited, and all persons aiding or abetting therein, shall be adjudged guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the State prison for a term not exceeding ten 1841, p. 188, Sec. years, or by a fine not exceeding one thousand dollars.

8.

etc,

to cause of

rested and give

cuting Attorney.

(5918.) SEC. 6. It shall be the duty of every inspector of Duty of Sheriff, elections, Sheriff, Constable, and Justice of the Peace, knowing, fender to be ar or having reason to believe that an offence punishable under notice to Prosethe provisions of this chapter, has been committed, to cause the offender forthwith to be arrested, and to give information thereof to the Prosecuting Attorney without delay, and such Prosecuting Attorney shall adopt effectual measures for the punishment of all persons who shall violate the provisions of this chapter.

Grand Jury to

against thie

(5919.) SEC. 7. It shall be the duty of all Courts in this Courts to charge State, having cognizance of such offences, at each term thereof, present offences to charge the Grand Jury to make presentment of all offences Chapter. committed within their respective counties, against any of the provisions of this chapter.

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R S. of N. Y.,
Art. 5, Title 8,
Chap. 20, Part 1.

cing, and pun

(5920.) SECTION 1. All running, trotting, or pacing of horses, what deemed ra or any other animals, for any bet or stakes, in money, goods ishment therefor or other valuable thing, or for any reward to be given to the owner or rider of any animal which shall excel in speed, excepting such as are by special laws for that purpose

tc., of person Hending.

expressly allowed, shall be deemed racing within the meaning of this chapter, and are hereby declared to be common and public nuisances and misdemeanors; and all parties concerned therein, either as authors, betters, stakers, stake holders, judges to determine the speed of animals, riders, contrivers, or abetters thereof, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment, not exceeding one year, in the County jail.

Apprehension, (5921.) SEC. 2. Upon his own view of any person offending against the provisions of this chapter, as well as upon the testimony of others, any Justice of the Peace may issue his warrant for the immediate apprehension of the persons so offending, to the end that they may be compelled to enter into recognizances, with sufficient sureties for their good behavior, and for their appearance at the next Circuit Court for the County, to answer for the said offences.

Forfeiture for making up purse, dtc.

Owner to forfeit value of animal, etc.

(5922.) SEC. 3. Every person who shall contribute or collect any money, goods, or things in action, for the purpose of making up a purse, plate, or other valuable thing, to be raced for by any animal, contrary to law, shall forfeit the sum of twenty-five dollars for each offence.

(5923.) SEC. 4. The owner in whole or in part of any animal that shall be used or employed by his permission or privity, in racing, contrary to law, shall forfeit the value of the animal so used or employed; and every person who shall be concerned in laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon any such event, shall forfeit the amount of the bet or wager so made, or of the sum or thing so contributed.

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Chapter Forty-Five of Revised Statutes of 1846.

fire to woods,

ished.

(5924.) SECTION 1. Every person who shall willfully or neg- Willfully setting ligently set fire to any woods, prairies, or grounds, not his own etc, how punproperty, or shall willfully or negligently permit any fire to pass from his own woods, prairies, or grounds, to the injury or destruction of the property of any other person, shall be leemed guilty of a misdemeanor, and on conviction thereof, hall be punished by a fine not exceeding one thousand dollars, r by imprisonment in the County jail not exceeding one year, r both, in the discretion of the Court; and shall also be able to the party injured in double the amount of damages ustained.

to order inhabit

tinguishing fires.

(5)25.) SEC. 2. Whenever the woods or prairies in any Duty of Justices wnship shall be on fire, so as to endanger property, it shall ants to aid in exthe duty of the Justices of the Peace, the Supervisor, and e Commissioners of Highways of such township, and each them, to order such, and so many of the inhabitants of such vnship, liable to work on the highways, and residing in the inity of the place where such fire shall be, as they shall erally deem necessary, to repair to the place where such shall prevail, and there to assist in extinguishing the same, n stopping its progress.

ing compliance

5926.) SEC. 3. If any person shall refuse or willfully neglect Penalty for refus omply with such order, he shall forfeit a sum not less than with the order. nor more than fifty dollars.

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Trespass on public lands a felony.

Punishment.

Converting trees, timber orlumber, felony.

Punishment.

when property

twenty five dol lars.

An Act for the Better Protection of the Public Lands, and to Punish the Cutting and Carrying away of Timber therefrom. (a)

[Approved February 12, 1857. Laws of 1857, p. 211.]

(5927.) SECTION 1. The People of the State of Michigan enact, That every person not thereto lawfully authorized, who shall enter upon, or induce, or direct, any other person to enter upon any of the lands of this State, and shall cut down or destroy, or cause to be cut down or destroyed, any trees standing or growing thereon, if the value of such trees so cut down or destroyed shall exceed the sum of twenty-five dollars, shall be deemed guilty of a felony, and shall be punished by imprisonment at hard labor in the State prison, not more than five years nor less than one year; or by fine not less than one hundred nor more than two thousand dollars, and imprisonment in said prison at hard labor not less than three nor more than twelve months.

(5928.) SEC. 2. Every person who shall take and carry away any trees or parts thereof, or any timber or lumber made therefrom, so cut or destroyed, or heretofore so cut down or destroyed, on such land, wherever in this State the same shall be, with intent to convert the same to his own use or the use of his employer or principal, if the same shall exceed in value. the sum of twenty-five dollars, shall be deemed guilty of a felony, and shall be punished by imprisonment in the State prison not more than five years, or by a fine not less than one hundred nor more than two thousand dollars, and imprisonment in the State prison not less than three nor more than twelve months.

Punishment (5929.) SEC. 3. If the trees so cut down or destroyed, or the does not exceed trees, parts of trees, or timber or lumber made thereof, so taken and carried away, shall not in value exceed the sum of twenty-five dollars, the person offending shall be punished by imprisonment in the State prison not less than three months nor more than one year, or by fine of not less than fifty nor more than one hundred dollars, and imprisonment in the State prison not more than three months.

Contents of in

dictment or information.

(5930.) SEC. 4. In any indictment or information under this act, the person accused may be charged with commencing at

(a) For other provisions on the same subject, see pages 789 and 790.

some particular time to commit any of the acts hereby made punishable, and continuing to commit the same to some other time, which period shall be therein stated, and if the jury shall find the accused guilty, they shall in their verdict state the value of the property so cut down or destroyed, or taken and carried away.

be by indictment

(5931.) Sec. 5. All prosecutions under this act may be either Prosecutions to by indictment or information in the County where the offence or information. is committed; or, if it be committed in the Upper Peninsula, in any county in said Peninsula; if in the Lower Peninsula, in the County where the offence was committed, or in such other county as the Commissioner of the State Land Office, or the Attorney General shall, by written instructions to the Prosecuting Attorney thereof, direct.

proceedings

(5932.) SEC. 6. Such information shall be brought by the Informations and Attorney General or by the Prosecuting or District Attorney thereon. of the County where the same is to be prosecuted; it shall set forth the offence with reasonable certainty, shall not be filed. nor have effect without an affidavit of some credible person verifying the charges therein contained, which shall be filed at or before the time process shall issue for the arrest of the accused, nor until the Circuit or District Judge of the Court shall, by an endorsement thereon, allow the same to be filed. When so allowed, the proper Prosecuting Attorney shall take out a warrant from the office of the Clerk, in the usual form as near as may be, for the arrest of the accused; and whether the prosecution be by indictment or information, the warrant of arrest may be directed to the Sheriff of the same or any other county, and may be served anywhere in the State, by arresting the offender and committing him for trial in the proper County. In prosecutions by information, the accused shall be entitled to be let to bail upon giving recognizance with sufficient sureties, shall be arraigned, required to plead, be entitled to continuances and challenges, to taking exceptions, the writ of error to the Supreme Court, and to all other rights secured to persons prosecuted by indictment in such Court for felonies, in the same manner and to the same effect as if the prosecution were by indictment; and the Court in such case shall pronounce sentence, and so far as applicable, give the same effect to all the provisions of law relating to indictments for felony, as if the prosecution was by indictment, and the seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, seventeenth and nineteenth sections of

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