May act as Who to supervise work of. Act not repealed. Powers of judges, etc. When complaint made in writing. Warrant, when issued. formed by him. He shall take charge of and watch over all persons placed on probation under such regulations as may be prescribed by the court, and shall give to such probationer full instructions as to the terms of his release upon probation. SEC. 15. Any probation officer may act as parole officer for any penal or reformatory institution in this state when so requested by the authorities thereof, or may act as county agent when regularly appointed as such, and may act as probation officer for the several probate courts of the state in juvenile cases when so appointed, and may act as "friend of the court" as defined in act number four hundred twelve of the public acts of nineteen hundred nineteen, when so appointed. SEC. 16. The commissioner of public welfare shall prescribe the form of all records and of all reports from probation officers, exercise general supervision over the work of the probation officers throughout the state, and may require detailed reports from probation officers throughout the state. The department of public welfare shall include in its printed reports a report of the probation work of the courts of the state for the period covered by such printed report. The necessary expense incurred in the printing and distributing of blanks required by section fourteen of this chapter and in securing and supervising reports of probation officers, shall be audited by the board of state auditors and paid from the general fund. SEC. 17. Nothing in this chapter shall be construed as limiting or repealing act number six of the public acts of the extra session of nineteen hundred seven, and amendments thereto. CHAPTER XII. Proceedings to Prevent Crime. SECTION 1. The justices of the supreme court, the several circuit judges, judges of courts of record having jurisdiction of criminal causes, circuit court commissioners, all mayors and recorders of cities, and all justices of the peace, shall have power to cause all the laws made for the preservation of the public peace to be kept and in the execution of this power may require persons to give security to keep the peace in the manner provided in this chapter. SEC. 2. Whenever complaint shall be made in writing and on oath to any such magistrate that any person has threatened to commit any offense against the person or property of another, it shall be the duty of such magistrate to examine such complainant and any witnesses who may be produced, on oath, to reduce such examination to writing and to cause the same to be subscribed by the parties so examined. SEC. 3. If it shall appear from such examination, that there is just reason to fear the commission of any such of fense, such magistrate shall issue a warrant under his hand, directed to the sheriff or any constable of the county, reciting the substance of the complaint and commanding him forthwith to apprehend the person so complained of, and bring him before such magistrate. SEC. 4. When the party complained of is brought before Trial. the magistrate, he may demand that the truth of the accusation shall be determined either by a trial before such magistrate, or a jury; and the trial thereof, and the selection of a jury shall be as in criminal cases, which justices of the peace are authorized to try; and if the magistrate or jury upon such trial shall find the accused guilty, the magistrate may Recogrequire the accused to enter into a recognizance, with sufficient nizance. sureties, to be approved by such magistrate, in such sum as he shall direct, to keep the peace towards all the people of this state, and especially towards the person requiring such sureties, for such term as he may order not exceeding two years; and it shall be competent for the magistrate or the jury to find and return a special verdict that the complaint and accusation are groundless or malicious, and if they shall so find, it shall be the duty of the magistrate to enter such finding or verdict upon his docket. SEC. 5. Upon complying with the order of the magistrate, When disthe party complained of shall be discharged. charged. SEC. 6. If the person so ordered to recognize shall refuse Refusal to or neglect to comply with such order, the magistrate shall recognize. commit him to the county jail during the period for which he was required to give security, or until he shall so recognize, stating in the warrant the cause of commitment with the sum and the time for which such security was required. complaint SEC. 7. If upon examination it shall not appear that there when is just cause to fear that any such offense will be committed unfounded, by the party complained of, he shall forthwith be discharged; etc. and if the magistrate shall deem the complaint unfounded, frivolous or malicious, he shall order the complainant to pay the costs of the prosecution, who shall thereupon be answerable to the magistrate and the officers for their fees, as for his own debt, and execution may issue therefor. ment of. SEC. 8. When no order respecting the costs is made by the Costs, paymagistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions; but in all cases where a person is required to give security to keep the peace, the court or magistrate may further order that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed until such costs are paid or he is otherwise legally discharged. SEC. 9. Any person aggrieved by the order of any justice Appeal. of the peace, requiring him to recognize as aforesaid may, on giving the recognizance to keep the peace required by such order, appeal to the circuit court for the same county. order. SEC. 10. The court before which such appeal is prosecuted May affirm may affirm the order of the justice or discharge the appellant or may require the appellant to enter into a new recognizance Appeal, failure to prosecute. When discharged. Recognizance, to whom with sufficient sureties, in such sum and for such time, not exceeding two years, as the court shall think proper and may also make such order in relation to the costs of the prosecution as may be deemed just. SEC. 11. If any party appealing shall fail to prosecute his appeal, his recognizance shall remain in full force and effect, as to any breach of the condition, without an affirmation of the judgment or order of the justice, and shall also stand as a security for any costs which shall be ordered by the court appealed to, to be paid by the appellant, a condition to that effect to be incorporated in all recognizances given under section eight of this chapter. SEC. 12. Any person committed for not finding sureties, or refusing to recognize, as required by the court or magistrate, may be discharged by any judge, circuit court commissioner or justice of the peace on giving such security as was required. SEC. 13. Every recognizance taken pursuant to the foregoing provisions, shall be transmitted by the magistrate to transmitted. the clerk of the circuit court for the county, within twenty days after the taking thereof, and shall be filed by such clerk. SEC. 14. Whenever upon a suit brought on any recognizance entered into in pursuance of this chapter, the penalty thereof shall be adjudged forfeited, the court may remit such portion of the penalty on the petition of any defendant, as the circumstances of the case shall render just and reasonable. When penalty adjudged forfeited. Surrender of principal. Inquests. May sum mon jurors. SEC. 15. Any surety in a recognizance to keep the peace, shall have the same authority and right to take and surrender his principal as in other criminal cases, and upon such surrender shall be discharged and exempt from all liability for any act of the principal subsequent to such surrender (except as to costs on any appeal taken by the principal in the recognizance) which would be a breach of the condition. of the recognizance; and the person so surrendered may recognize anew, with sufficient sureties, before any justice of the peace or circuit court commissioner for the residue of the term, and shall thereupon be discharged. CHAPTER XIII. Proceedings for the Discovery of Crime. SECTION 1. Justices of the peace shall, subject to the provisions of this chapter, take inquests upon the view of the dead bodies of such persons as shall have come to their death suddenly, or by violence, and of such persons as shall have died in prison. SEC. 2. As soon as any justice of the peace shall have notice of the dead body of any person found or lying within the county, who is supposed to have come to his death in any manner described in the preceding section and the petition of not less than five citizens, none of whom shall be a constable or deputy sheriff of the township, city or village, in which the dead body may be lying, shall have been filed with said justice praying that an inquest be had in such case or on the written request of the prosecuting attorney of the county or the attorney general, he shall forthwith summon six good and lawful men, electors of the county to appear before him, at such place as he shall appoint within said county. SEC. 3. When the jurors thus summoned have appeared, Oath. the justice of the peace shall call over their names and there, in view of the dead body, shall administer to them an oath or affirmation in substance as follows: "You do solemnly swear (or affirm as the case may be), that you will diligently inquire in behalf of the people of this state, when, in what manner and by what means, the person whose body lies here dead, came to his death and that you will make a true inquest thereof according to your knowledge and such evidence as shall be laid before you." witnesses. SEC. 4. The justice of the peace may issue subpoenas for May witnesses returnable forthwith or at such time and place as he subpoena shall therein direct; and the attendance of the persons served with such subpoenas may be enforced in the same manner and they shall be subject to the same penalties as if they had been served with a subpoena in behalf of the people of this state, to attend a justice's court: Provided, That in all such Proviso. cases it shall be lawful for the magistrate holding any such inquest, to require by subpoena the attendance of a competent physician or surgeon for the purpose of making a postmortem examination and of testifying as to the result of the same; and he may also employ a chemist in cases affording reasonable ground of suspicion that death has been produced by poison and the amount of compensation for the attendance and services of such physician, surgeon or chemist shall be audited and allowed by the board of supervisors of the proper county, or board of county auditors in counties having such board. ministered. SEC. 5. An oath or affirmation to the following effect shall Oath adbe administered to each witness by the justice of the peace: "You do solemnly swear (or affirm) that the evidence you shall give at this inquest, concerning the death of the person here lying dead, shall be the truth, the whole truth and nothing but the truth." writing. SEC. 6. In all cases where any murder or manslaughter is Testimony supposed to have been committed, the testimony of all wit- reduced to nesses examined before the inquest, shall be reduced to writing by the justice of the peace, or some other person by his direction and subscribed by the witnesses. what to SEC. 7. The jury, upon the inspection of the dead body, Inquisition, and after hearing the testimony of the witnesses and making certify. all needful inquiries, shall draw up and deliver to the justice of the peace their inquisition under their hands, in which they shall find and certify when, in what manner and by what means the deceased came to his death, and his name, if known, Form of. When returned to together with all the material circumstances attending his death; and if it appear that he came to his death by unlawful means, the jurors shall forthwith state who if known was guilty, either as principal or accessory, or was in any manner the cause of his death. SEC. 8. Such inquisition to be called a coroner's inquest, may be in substance in the following form: County of SS. in said county, on before one of the justices of the peace of the said county, upon the SEC. 9. If the jury find that any murder, manslaughter or circuit court. assault had been committed upon the deceased, the justice of the peace shall forthwith return to the circuit court of said county the inquisition, written evidence and examinations by him taken. Warrant, when issued. When body buried. SEC. 10. If any person charged by the inquest with having committed any such offense shall not be in custody, the justice of the peace shall have power to issue process for his apprehension, and such warrant shall be made returnable before him or any other magistrate or court having cognizance of the case, who shall proceed thereon in the manner that is required of magistrates in like cases. SEC. 11. When any justice of the peace shall take an inquest upon the dead body of a stranger, or being called for that purpose shall not think it necessary, on view of such body, that an inquest should be taken, he shall cause the body Expenses of. to be decently buried; and if the justice of the peace shall certify that, to the best of his knowledge and belief, the person found dead was a stranger not belonging to this state, the expenses of the burial, with the justice's fees, and all the expenses of the inquisition, if any were taken, shall be paid. to the justice of the peace from the state treasury, the account of such expenses and fees being first allowed by the circuit court for the county; in all other cases the expenses and fees shall be paid by the county in which the inquisition was taken: Provided, That when an inquest is held on the body of any person who dies in any prison or public reformatory of this state, the expense of such inquest shall be audited and paid by the state, as other charges against the state are audited and paid. Proviso. |