charged

SEC. 26. Every person charged with a felony shall, without Person unnecessary delay after his arrest, be taken before a magis- with felony. trate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement and answer any questions regarding the charge that he may desire to answer.

child under

SEC. 27. Whenever any child under the age of seventeen Arrest of years is arrested with or without a warrant, such child shall seventeen. be taken immediately before the juvenile division of the probate court, and the officer making the arrest shall immediately make and file or cause to be made and filed, a petition against such child as provided by act number six of the public acts of nineteen hundred seven, extra session, as amended; and the said court shall proceed to hear and determine the matter in like manner as provided by said act, as amended. If, during the pendency of any criminal case against any child in any court in this state having criminal jurisdiction, it shall be ascertained that said child is under the age of seventeen years, it shall be the duty of the court before whom such case is pending to immediately transfer such case, together with all papers connected therewith to the juvenile division of the probate court: Provided, however, That in any case Proviso, where a child over the age of fifteen years is charged with a fifteen. felony the judge of probate may, after investigation and examination, and upon motion of the prosecuting attorney, waive jurisdiction; whereupon it shall be lawful to try such child in the court having general criminal jurisdiction of such offenses.

child over

to issue

SEC. 28. When any person under recognizance on an ap- When court peal in a criminal proceeding from a conviction and judgment capias. of a justice of the peace, shall not appear according to the condition of such recognizance, and the said recognizance shall have become forfeited by reason of the breach of the condition thereof, and such forfeiture shall have been entered on record by order of the circuit court, it shall be lawful for said court to issue a capias for the arrest of the appellant or defendant named in such recognizance, to bring him before the court to answer to the complaint or prosecution against him in the proceedings in which appeal was taken.

CHAPTER V.

Bail.

mitted to

SECTION 1. Officers before whom persons charged with When adcrime shall be brought, shall have power to let them to bail as bail. follows:

(a) Any justice of the supreme court, judge of a circuit court, judge of any court of record having jurisdiction of criminal causes, circuit court commissioners, in all cases except for offenses enumerated in section five of this chapter;

When may make.

When arrest made under

warrant.

Duty of officer arresting without

warrant.

Duty of

son before

making

arrest.

SEC. 17. An arrest may be made on any day at any time of the day or night.

SEC. 18. Where an arrest is made under a warrant, it shall not be necessary for the arresting officer personally to have the warrant in his possession but such officer must, if possible, inform the person arrested that there is a warrant for his arrest and, after the arrest is made, shall show such person said warrant if required, as soon as practicable.

SEC. 19. When arresting a person, without a warrant, the officer making the arrest shall inform the person arrested of his authority and the cause of the arrest, except when the person arrested is engaged in the commission of a criminal offense, or if he flees or if he forcibly resists arrest before the officer has time to inform him. The return of the officer making the arrest, endorsed upon the warrant upon which the accused person shall be subsequently held, affirming compliance with the provisions herein, shall be prima facie evidence of the fact in the trial of any criminal cause.

SEC. 20. A private person, before making an arrest, shall private per- inform the person to be arrested of the intention to arrest him and the cause of the arrest, except when he is then engaged in the commission of a criminal offense, or if he flees or forcibly resists arrest before the person making the arrest has opportunity so to inform him.

SEC. 21. To make an arrest, a private person, if the offense be a felony committed in his presence, or a peace officer with a warrant or in cases of felony when authorized without a warrant, may break open an inner or outer door of any building in which the person to be arrested is or is reasonably believed to be if, after he has announced his purpose, he is refused admittance.

SEC. 22. A peace officer or private person who has lawfully entered a building for the purpose of making an arrest. may break open a door or window of the building if detained therein, when necessary for the purpose of liberating himself and an officer may also do the same when necessary for the purpose of liberating a person who lawfully entered the building for the purpose of making an arrest and is detained therein.

SEC. 23. If a person lawfully arrested escape or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place within the state without a warrant.

SEC. 24. To retake the person escaping or rescued, the person pursuing may use the same means to retake as are authorized for an arrest.

SEC. 25. Any person making an arrest shall take from the person arrested, all offensive weapons or incriminating articles which he may have about his person and must deliver them to the sheriff of the county, chief of police of the city or to the magistrate before whom he is taken.

charged

SEC. 26. Every person charged with a felony shall, without Person unnecessary delay after his arrest, be taken before a magis- with felony. trate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement and answer any questions regarding the charge that he may desire to answer.

child under seventeen.

SEC. 27. Whenever any child under the age of seventeen Arrest of years is arrested with or without a warrant, such child shall be taken immediately before the juvenile division of the probate court, and the officer making the arrest shall immediately make and file or cause to be made and filed, a petition against such child as provided by act number six of the public acts of nineteen hundred seven, extra session, as amended; and the said court shall proceed to hear and determine the matter in like manner as provided by said act, as amended. If, during the pendency of any criminal case against any child in any court in this state having criminal jurisdiction, it shall be ascertained that said child is under the age of seventeen years, it shall be the duty of the court before whom such case is pending to immediately transfer such case, together with all papers connected therewith to the juvenile division of the probate court: Provided, however, That in any case Proviso, where a child over the age of fifteen years is charged with a fifteen. felony the judge of probate may, after investigation and examination, and upon motion of the prosecuting attorney, waive jurisdiction; whereupon it shall be lawful to try such child in the court having general criminal jurisdiction of such offenses.

child over

to issue

SEC. 28. When any person under recognizance on an ap- When court peal in a criminal proceeding from a conviction and judgment capias. of a justice of the peace, shall not appear according to the condition of such recognizance, and the said recognizance shall have become forfeited by reason of the breach of the condition thereof, and such forfeiture shall have been entered on record by order of the circuit court, it shall be lawful for said court to issue a capias for the arrest of the appellant or defendant named in such recognizance, to bring him before the court to answer to the complaint or prosecution against him in the proceedings in which appeal was taken.

CHAPTER V.

Bail.

mitted to

SECTION 1. Officers before whom persons charged with When adcrime shall be brought, shall have power to let them to bail as bail. follows:

Any justice of the supreme court, judge of a circuit court, judge of any court of record having jurisdiction of criminal causes, circuit court commissioners, in all cases except for offenses enumerated in section five of this chapter;

Recorder's, etc., courts.

Justice of supreme court, etc.

Commitment, etc.

Who not bailable.

Recognizance,

amount of.

Writ of error.

(b) Any justice of the peace, judge of a police or municipal court, mayor of a city, in all cases where the punishment for the offense charged shall be less than imprisonment for life in the state prison.

SEC. 2. The several circuit courts, the Recorder's court of the city of Detroit, the Superior court of the city of Grand Rapids, and all courts of record having jurisdiction over criminal causes, shall have power to let to bail any person committed, in all cases in which a justice of the supreme court is authorized to let such person to bail.

SEC. 3. Any justice of the supreme court, circuit court commissioner or any judge of any circuit court for any county, or of the Recorder's court of the city of Detroit or the Superior court of the city of Grand Rapids or of any court of record having jurisdiction of criminal causes, on application of any prisoner committed for any bailable offense, and after due notice to the prosecuting attorney for the county, may inquire into the case and admit such prisoner to bail; and any person committed for not finding such sureties to recognize for him, may be admitted to bail by any of the said officers. SEC. 4. Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner so be committed to jail, or become recognized and held to bail for his appearance, to answer to any information or indictment as the case may be.

SEC. 5. No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great.

SEC. 6. In all other cases the person accused shall be entitled to bail. The amount of the recognizance shall be fixed with consideration of the seriousness of the offense charged, the previous criminal record of the defendant and the probability or improbability of his appearing at the trial of the

cause.

SEC. 7. In all cases where a writ of error shall be taken by or on behalf of the people of the state of Michigan from any court of record to the supreme court, the defendant shall be admitted to bail on his own recognizance, pending the prosecution and determination of said writ; unless the trial court shall determine and certify that the character of the offense, of the respondent and of the questions involved in such review, render it advisable that bail be required.

Attorney not SEC. 8. No practicing attorney or counselor shall become to be surety. security or bail for the appearance of any person charged with a felony or a misdemeanor in any criminal action and any such surety or bail for appearance taken by a judge, circuit court commissioner, justice of the peace or other officer authorized by law to take security or bail, shall be void.

When

surety not accepted.

SEC. 9. Any magistrate or judge of any court shall have authority in his discretion to refuse to accept as surety upon

PUBLIC ACTS, 1927-No. 175.

a bond any person who shall, at the time of so offering himself, be acting as surety on any other bond pending in his court.

and entered.

SEC. 10. All recognizances for the appearance of offenders How taken in the several municipal courts of this state, to answer for offenses committed against the by-laws and ordinances of any municipal corporation, may be taken and entered into by and before the clerks of said courts: Provided, however, That Proviso. if the party or parties becoming recognized shall not be satisfied with the sum fixed therein by the clerk, the same shall be fixed by the judge of the court, if demanded by the party or parties becoming recognized.

of bond.

check, etc.

SEC. 11. When under the laws of this state any bond is Cash in lieu required in any cause, in any justice court in this state, it shall be lawful for the party from whom such bond is required to deposit cash in lieu thereof. Such security shall be taken and accepted by the justice of the peace and be forfeited or as the bond required. discharged in the same manner SEC. 12. In any criminal cause or proceeding where bond Certified or bail of any character is required or permitted for any purpose, the party or parties required or permitted to furnish such bail or bond may deposit, in lieu thereof, in the manner herein provided, cash, certified check on any state or national bank in this state, obligations of the United States government negotiable by delivery or bonds of any municipality of this state negotiable by delivery, equal in amount to the amount of the bond or bail so required or permitted.

deposited. SEC. 13. Such cash, check or security shall be deposited with whom with the clerk of the court, if under bond, or with the treasurer of the county, city, village or township within which the bail or bond is to be furnished or, in any case, with the state treasurer. Such treasurer shall accept such cash, check or security and deliver to the depositor thereof a receipt, in duplicate, reciting the fact and purpose of such deposit: duplicate Provided, That in case such bail or bond be required after Proviso, receipts. the office hours of the treasurer with whom the deposit should be made, such deposit may be made with the officer who has the function of approving the bond or bail or with the sheriff of the county or his deputy in charge of the county jail or sheriff's office, who shall accept the same, give duplicate receipts therefor and cause the cash, check or security to be delivered to the proper treasurer within forty-eight hours thereafter.

filing of.

SEC. 14. The filing of one of such duplicate receipts in the Effect of court in which such bond or bail is required or permitted to be filed shall have the same effect as the furnishing of such bond or bail and shall be taken and given effect by such court and its officers in lieu of such bond or bail.

of bond, etc.

SEC. 15. (a) If such bond or bail be forfeited, the court Forfeiture shall enter an order upon its records directing the disposition of such cash, check or security, and the treasurer, upon presentation of a certified copy of such order, shall make disposi tion thereof in accordance therewith.