surety, who real estate. SEC. 20. In every court in this state having criminal juris- Oath to diction, each judge thereof shall have power in his discretion to adto administer an oath to any proposed surety upon any recog- minister. nizance given for the release of a person accused of any crime, offense, misdemeanor or violation of any city or village ordinance, to ascertain his financial condition. Each of the Pledge of judges of any such court shall have power in his discretion to require any surety upon any criminal recognizance taken before him, to pledge to the people of the state of Michigan, real estate owned by said surety and located in the county in which such court is established, the value of the interest of said surety in said real estate being at least equal to the penal amount of the said recognizance. Whenever such a pledge of real estate shall be required by any such court or by any of the judges thereof, of any proposed surety, there shall be executed by said surety the usual form of recognizance and in addition there shall be included in said recognizance, as a part thereof, an affidavit of justification in Affidavit of substantially the following form. Such affidavit shall be cation. executed by the proposed surety under an oath administered by the clerk or any judge of said court. residing at... himself as surety for.... who offers justifi ...being first duly sworn, deposes and says that he owns in his own right real estate subject to levy of execution located in the county of.. state of Michigan, consisting of..... and described as follows, to-wit:.. that the title to the same is in his name only; that the value of the same is not less than $...... ..and is subject to no encumbrances whatever except..... Each of the judges of any such court may, in his discretion and in addition to the above affidavit, require the proposed surety to depose under oath that he is not at the time of executing said recognizance and affidavit surety upon any other recognizance and that there are no unsatisfied judg Proviso. Lien. Recognizance, where filed. Notice of lien. Form of. ments or executions against him. Each of the judges of any such court may, in his discretion, require such proposed surety to depose to any other fact which is relevant and material to a correct determination of the proposed surety's sufficiency to act as bail: Provided, That no lien upon real estate shall be required for any offense cognizable by a justice of the peace. SEC. 21. Upon the execution of any recognizance in the usual form and an affidavit of justification containing a description of real estate there shall immediately attach to the said real estate, described in said affidavit of justification, a lien in favor of the people of the state of Michigan in the penal amount of the recognizance, which lien shall remain in full force and effect during the time that said recognizance remains effective, or until the further order of said court. Upon the acceptance by any of the judges of any such court of a recógnizance in the usual form containing the above described affidavit of justification, and description of real estate, the said recognizance shall be immediately filed with the clerk of such court. The clerk of such court shall forthwith. upon the filing with him of said recognizance, file with the register of deeds of the county in which said real estate is located, a notice of lien in writing in substantially the following form: To Whom It May Concern: TAKE NOTICE that the hereinafter described real estate located in the county of.. for the sum of. .has been pledged .dollars ($...) to the people .surety upon the .in a certain cause .court for the city of.. county to-wit: People of the state of Michigan, Plaintiff, vs. Defendant, known and identified in said court as Cause No. Description of Real Estate. city Clerk of the. Court. Cancellation, etc. For the county of.. Dated.... Said notice of lien, when filed, shall constitute notice to everyone that the real estate therein described has been pledged to the people of the state of Michigan as security for the performance of the conditions of a criminal recognizance, in the penal amount set forth in said recognizance. SEC. 22. Whenever by the order of such court a recognizance in the above form shall have been cancelled, dis charged or set aside, or the cause in which said recognizance is given shall have been dismissed, the clerk of such court shall forthwith file with the register of deeds of the county in which the real estate is located, a notice of discharge in Notice of discharge, writing in substantially the following form: form of To Whom It May Concern: TAKE NOTICE that by the order of the.... of the city county of... as principal and... the recognizance of.. as surety, given in the cause of the people of the state of Michigan, Plaintiff, vs.......... . Defendant, known and identified as Cause No..... in said court, is cancelled, discharged and set aside and the lien of the people of the state of Michigan to the real estate therein pledged as security is hereby waived, discharged and set aside. notices of SEC. 23. The register of deeds of the county in which such Filing, etc., court is located shall properly keep and file all such notices liens, etc. of lien and notices of discharge as herein before provided as may be filed with him, and shall keep in addition thereto a book or record in which he shall properly index such notice of lien and notices of discharge as may be filed with him. In counties in which the register of deeds is compensated on the basis of fees collected, such register shall receive from the people, such fees as are provided by law for such service. SEC. 24. Nothing in this chapter shall be construed as Power not limiting or qualifying in any way the power of any such limited. courts or any of the judges thereof to release any accused person upon his personal recognizance, or upon a recognizance executed by a surety in accordance with the provisions of act number two hundred twenty-nine of the public acts of nineteen hundred twenty-three, or upon the deposit with the clerk of such court of any cash bail or other security in accordance with the provisions of section six of act number three hundred sixty-nine, of the public acts of nineteen hundred nineteen. Whenever such surety deposits with the clerk of such court When lien the penal amount of such recognizance in cash or in other released. security satisfactory to such court, an order shall issue releasing the lien on the real estate. Nothing in this act shall be construed as qualifying or in any way changing the usual Perjury, what deemed. When surety released. Mittimus to sheriff, when granted. Action not barred. When default made. and legal and existing procedure of collecting upon forfeited recognizances, as provided by law. SEC. 25. Any surety who shall swear falsely to any of the material facts set up in his affidavit of justification shall be deemed guilty of perjury and upon conviction thereof, shall be punished in accordance with the law in such case made and provided. SEC. 26. In all criminal cases where any person or persons have entered into any recognizance for the personal appearance of another and such bail and surety shall afterwards desire to be relieved from his responsibility, he may with or without assistance, arrest the accused and deliver him at the jail or to the sheriff of said county. In making such arrest he shall be entitled to the assistance of the sheriff, chief of police of any city or any peace officer. The sheriff or keeper of any jail in said county is authorized to receive such principal and detain him in jail until he is discharged in due course of law. Upon delivery of his principal at the jail by the surety or any officer, such surety shall be released from the conditions of his recognizance. Whenever the prosecuting attorney of any county shall become satisfied that any person who has been recognized to appear for trial has absconded, or is about to abscond, and that his sureties or either of them have become worthless, or are about to dispose or have disposed of their property for the purpose of evading the payment or the obligation of such bond or recognizance, or with intent to defraud their creditors, and such prosecuting attorney shall make a satisfactory showing to this effect to the court having jurisdiction of such person, said court or judge shall forthwith grant a mittimus to the sheriff or any constable of said county, commanding him forthwith to arrest the person so recognized and bring him before the officer issuing such mittimus, and on the return of said mittimus may, after a full hearing on the merits, order him to be recommitted to the county jail until such time as he shall give additional and satisfactory sureties, or be otherwise discharged according to law. SEC. 27. No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, shall be barred or defeated nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear, from the tenor thereof, at what court the party or witness was bound to appear, and that the court or a magistrate before whom it was taken was authorized by law to require and take such recognizance. SEC. 28. In addition to any other method available, it is hereby provided that whenever default shall be made in any recognizance in any court of record, the same shall be duly entered of record by the clerk of said court and thereafter said court, upon the motion of the attorney general, prosecuting attorney or city attorney, may give the surety or sureties twenty days' notice, which notice shall be served upon said surety or sureties in person or left at his or their last known place of residence. Said surety or sureties shall be given an opportunity to appear before the court on a day certain and show cause why judgment should not be entered against him or them for the full amount of such recognizance. If good cause is not shown, the court shall then enter judgment against the surety or sureties on said recognizance for such amount as it may see fit not exceeding the full amount thereof. Execution shall be awarded and executed upon said judg ment in like manner as is provided in personal actions. appearance SEC. 29. It shall not be necessary in any criminal case Bail for for any witness to give bail for his appearance as a witness not required. in such cause unless required to do so by the order of a judge of a court of record or a circuit court commissioner; all laws contravening this section are hereby repealed. etc., witness. SEC. 30. When any married woman or minor is a material When minor, witness, any other person may be allowed to recognize for the appearance of such witness. CHAPTER VI. Examination of Offenders. SECTION 1. The state and accused shall be entitled to a Final determination prompt examination and determination by the examining without magistrate in all criminal causes and it is hereby made the delay. duty of all courts and public officers having duties to perform in connection with such examination, to bring them to a final determination without delay except as it may be necessary to secure to the accused a fair and impartial examination. nation of SEC. 2. Whenever complaint shall be made to any magis- Examitrate named in section one, chapter four, of this act, that a complaincriminal offense not cognizable by a justice of the peace has ant, etc. been committed, he shall examine on oath the complainant and any witnesses who may be produced by him. when SEC. 3. If it shall appear from such examination that any warrant, criminal offense not cognizable by a justice of the peace has issued. been committed, the magistrate shall issue a warrant directed to the sheriff, chief of police, constable or any peace officer of the county, reciting the substance of the accusation and commanding him forthwith to take the person accused of having committed such offense and to bring him before such magistrate to be dealt with according to law, and in the same warrant may require such officer to summon such, witnesses as shall be named therein. nation. SEC. 4. The magistrate before whom any person is brought Examon a charge of having committed an offense not cognizable by a justice of the peace, shall set a day for examination not exceeding ten days thereafter, at which time he shall examine |