An Act for the Better Protection of the Public Lands, and to Punish the Cutting and Carrying away of Timber therefrom. (a) Trespass on pub (5927.) SECTION 1. The People of the State of Michigan enact, ke lands a felony. 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. Punishment. Converting trees, timber or lumber, felony. Punishment. when property twenty five dol lars. (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 indictment 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 Chapter 195. Owners of saw mills liable in cer tain cases. mills non-resi held liable for damages. an Act entitled "An Act Relative to indictments," approved February sixteenth (16), eighteen hundred and fifty-five (1855), shall apply to such informations in the same manner as if they were indictments. (5933.) Sec. 7. If any person, being the owner of or having any interest in any saw mill, shall, by himself, his agent or servant, use the same in sawing or manufacturing any logs, timber, or lumber, so unlawfully cut down or destroyed, taken and carried away, or shall, by himself, his agent or servant, receive the same for the purpose of so sawing or manufacturing the same, at such mill, knowing the same to have been so cut down or destroyed, or taken and carried away, he shall be deemed guilty of felony, and shall be punished as first mentioned in this act, and shall be proceeded with in the same manner, and with the same effect in all respects, as if charged with the offence first mentioned in this act. In case the In case owner of Owner, owners or managers of any saw mill used for the dent, mills to be purpose of manufacturing timber, thus unlawfully obtained, into lumber, shall be a nonresident or nonresidents of this State, the mill or mills, lands and personal property of such nonresident owners, lessees or holders under a mortgage, which property shall be proven to be used or engaged in the unlawful removing of timber from the public or private lands of this State, such property or real estate shall be holden as immediately and directly liable for any and all damages sustained by its unlawful use for purposes aforesaid. Upon proof thereof, the Court of competent jurisdiction may forthwith direct the Sheriff of the County to take such property or estate into custody, or demand sufficient security therefor, to cause it to abide the decision of the case by due course of Double damages. law. The damages shall be appraised at not less than double the amount of the market price of the lumber at the mill, which the timber thus unlawfully taken was capable of Sale of Mills on affording. Upon a rendition of judgment and issue of execu tion, relating to the property or estate of such nonresidents, mill owners or parties in interest thereto, the Sheriff shall proceed, in default of other payment, to sell the same or a sufficient portion thereof to satisfy the execution committed to him, as provided in other cases by law for sales of real or personal estate on execution. Execution. Duties of Attor ney having (5934.) SEC. 8. It shall be the duty of any attorney having charge of prose charge of any prosecution under this act, to make diligent enquiry for the party accused, and endeavor to cause him to cutions. be arrested and tried without unnecessary delay; and whenever he shall be satisfied that the accused is not within the State, but is liable to be demanded by the Governor of this State as a fugitive from justice, he shall report the fact to the Governor, and transmit to him a copy of the indictment, or of the information and affidavit, duly authenticated under the seal of the Court, in order that the Governor may demand such fugitive as provided in any act of Congress. how paid. (5935.) SEC. 9. All fees and costs accruing under this act, Fees and costs; after being duly taxed as required in other criminal cases in the Circuit or District, Court, and certified to be correct and just by the judge thereof. shall be paid by the State Treasurer on the warrant of the Auditor General, to whom the taxed bill shall be delivered, out of the primary school fund, when the offence prosecuted shall relate to primary school lands, and out of the proceeds of the sales of the swamp lands, when it relates to said lands; and all fines collected under this act shall be paid to said State Treasurer and treated as a part of the primary school fund or the swamp land fund as the case may be. And whenever the attorney prosecuting the offence, shall make and forward an affidavit to the Auditor General, naming any particular person as the informer, by whose when part fine diligence the accused was detected and convicted, the Auditor informer. General shall, on the application of such person, his executor or administrator, draw his warrant on the State Treasurer in favor of such person for one half the amount of the fine collected in the case where he was such imformer, which warrant shall be paid by said Treasurer out of the moneys collected for such fine. may be paid to affect trespassea ted (5936.) SEC. 10. This act shall not be construed to affect any This Act not to offence or trespass already committed on or concerning any already commit such lands, nor the right of the State to prosecute or sue for the same; but such prosecutions or suits may be instituted and shall proceed and have the same effect as if this act had not been passed. This act is ordered to take immediate effect. CHAPTER СХСІІ. GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS. SECTION 5937. Accessories before the fact to felony pun- 5938. Accessories before the fact, how indicted. 5941. How such person tried. 5942. Offence on boundary of two Counties. SECTION 5950. Benefit of clergy, etc., abolished. 5951. Prosecution by appeal, for murder, etc., abolished. 5952. How Jury may find when offence consists of different degrees. 5953. Defendant once acquitted, etc., not to be tried thereafter for a different degree of the same offence. 5955. "Felonious" and "Feloniously" defined 5958. Offences indictable at Common Law, how Mass. R. S., 133. R. S. of N. Y., Part 4. Chapter One Hundred and Sixty-One of Revised Statutes of 1846. Title 7, Chap. 1, (5937.) SECTION 1. Every person who shall be aiding in the fore the fact to commission of any felony, or shall be accessory thereto before same as princi- the fact, by counseling, hiring, or otherwise procuring such pals. fore the fact, how indicted. 16 Mass., 423. felony to be committed, shall be punished in the same manner which is or shall be prescribed for the punishment of the principal felon. Accessories be- (5938.) SEC. 2. Every person who shall counsel, hire, or otherwise procure any felony to be committed, may be indicted and convicted as an accessory before the fact, either with the principal felon, or after the conviction of the principal felon, or he may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been convicted, or shall or shall not be amenable to justice, and in |