Former service cause of challenge.

Challenges.

When new jury summoned.

Oath.

To hear proofs, etc.

Verdict, delivery, etc.

may be present and disinterested, to summon any of the bystanders or others who may be competent and against whom no cause of challenge shall appear, to act as jurors in the

cause.

SEC. 16. It shall be a good cause of challenge to any juror in any justice or police court in any city, township or village in this state, in addition to the other causes of challenge allowed by law, that such person has served as a juror in any justice or police court in any such city, township or village. in this state two times within one year previous to such challenge.

SEC. 17. In all criminal cases the attorney appearing for the people may challenge five jurors peremptorily and the defendant may challenge five jurors peremptorily; and the attorney appearing for the people may challenge five talesmen peremptorily and the defendant may challenge five talesmen peremptorily.

SEC. 18. If the officer to whom the venire shall have been delivered shall fail to return the same as thereby required, or if the jury shall fail to agree and shall be discharged by the court, a new jury shall be selected and summoned in the same manner and the same proceedings shall thereupon be had, as herein prescribed in respect to the first jury, unless the accused shall consent to be tried by the court, in which case the court shall proceed to the trial of the issue, as if no jury had been demanded.

SEC. 19. To each juror shall administer the following oath or affirmation: "You do solemnly swear (or, "You do solemnly and sincerely declare and affirm", as the case may be) that you will well and truly try this cause between the people of the state of Michigan and... . . . the accused,

and a true verdict give according to law and the evidence. given you in court, unless discharged by the court, so help you God."

SEC. 20. After the jury shall have been sworn they shall sit together and hear the proofs and allegations in the case, which shall be delivered in public and in the presence of the accused; and after hearing such proofs and allegations, the jury shall be kept together in some convenient place, until they agree on a verdict, or are discharged by the court, and a sheriff or constable shall be sworn to take charge of the jury, in like manner as upon trials in justices' courts in civil proceedings.

SEC. 21. When the jurors have agreed on their verdict they shall deliver the same to the court, publicly, who shall enter it in the minutes of its proceedings, and the jurors shall each be entitled to the same fees as are or may be provided by law for jurors sworn in civil cases before justices of the peace, and a certificate thereof from the justice in whose court such jurors served, countersigned by the prosecuting attorney of the county, given to each of said jurors, shall authorize the county clerk of the county to draw an order upon the

county treasurer for the payment of the fees of such juror, which order shall be paid in like manner as jurors' fees in courts of record are paid.

SEC. 22. Whenever the accused shall be tried and found Judgment rendered. guilty, either by the court or by a jury, or shall be convicted of the charge made against him upon a plea of guilty, the court shall render judgment thereon and inflict such punishment, either by a fine or imprisonment or both as the nature of the case may require, together with such costs of prosecution as the justice of the peace shall order; but such punishment shall in no case exceed the limit fixed by law for the offense charged, and in rendering such judgment and inflicting such punishment the court may award against such offender a conditional sentence, and order him to pay a fine with or without the costs of prosecution, within a limited time, to be expressed in the sentence and in default thereof to suffer such imprisonment as is provided by law and awarded. by the court, in all cases where the offender shall be convicted of an offense punishable at the discretion of the court, either by fine or imprisonment or both.

SEC. 23. Whenever the accused shall be acquitted, he shall Acquittal. be immediately discharged; and if the court before whom the trial is had shall certify in its minutes that the complaint was wilful and malicious and without probable cause, it shall be the duty of the complainant to pay all the costs that shall have accrued to the court and the sheriff or constable and jury in the proceedings had upon such complaint, or to give satisfactory security by bond to the people of the state, with one or more sureties to pay the same in thirty days after the said trial.

etc.

SEC. 24. If the complainant shall refuse or neglect to pay Refusal to such cost or to give such security, the court may forthwith bay costs, enter judgment against him for the amount of such costs and forthwith issue execution thereon, in the same manner and with the like effect as in case of an execution issued by a justice of the peace on a judgment in an action for a trespass or other wrong; and such moneys when collected shall be paid over to such court and be applied to the payment of the costs for which the judgment was rendered.

execution.

SEC. 25. The judgment of every such court shall be exe- Judgment cuted by the sheriff or any constable of the county where the conviction shall be had, by virtue of a warrant under the hand of the justice who held the court, to be directed to such officers and specifying the particulars of such judgment.

SEC. 26. All fines imposed by any such court, if paid before Fines, the accused is committed, shall be received by the magistrate disposition who constituted the court before which the accused was convicted, and by such magistrate paid over to the county treasurer, within thirty days after the receipt thereof, to be distributed according to law.

SEC. 27. If the accused be committed, payment of any fine When or costs imposed on him shall be made to the sheriff of the committed.

accused

Neglect to pay.

Proviso.

Certificate of conviction.

Where filed.

Certified copy evidence

In courts.

Report of justice, what

county who shall, within thirty days after the receipt thereof, pay over the same to the county treasurer for the purpose aforesaid.

SEC. 28. If any person who shall have received any such fine or costs or any part thereof, shall neglect to pay over the same pursuant to the foregoing provisions, it shall be the duty of the county treasurer immediately to commence a suit therefor, in the name of the people of the state of Michigan, and to prosecute the same diligently to effect. Any person neglecting to pay over such fine to the county treasurer within sixty days after receiving the same, shall be deemed guilty of a misdemeanor and on conviction thereof shall pay a fine of not less than fifty nor more than one hundred dollars or be imprisoned in the county jail of such county not less than thirty nor more than ninety days, or both, in the discretion of the court: Provided, That all justices of the peace shall keep an exact record of all proceedings had before them, and failing to do so, shall be liable to the same penalties as above.

SEC. 29. Whenever any conviction shall be had before a court held by a justice of the peace, the justice shall make a certificate of such conviction under his hand in which it shall be sufficient briefly to state the offense charged, and the conviction and judgment thereon, and if any fine has been collected, the amount thereof.

SEC. 30. Within twenty days after such conviction, the said magistrate shall cause such certificate to be filed in the office of the clerk of the county in which the conviction shall have been had.

SEC. 31. Every certificate of conviction made and filed under the foregoing provisions, or a duly certified copy thereof, shall be evidence in all courts and places of the facts therein contained.

SEC. 32. Within ten days after the final disposition of any to embrace. criminal or other proceedings before any justice of the peace, to which the people of this state are a party, or wherein the county may be liable for any costs, it shall be the duty of the justices before whom such proceedings shall be had to make a report of the same to the prosecuting attorney of the county, which report shall embrace the following items: The title, or the case; the date of filing complaint; the offense charged; the plea; the names of attorneys or others who appear to prosecute or defend; the date of the trial, examination or hearing; the verdict or findings and any certificate made by the court as to the probable cause for making the complaint; the names and attendance of jurors, and the names, mileage and attendance of witnesses sworn, and an itemized statement of the officers' and court fees and how the same were disbursed, Where filed. if paid to such justice. The prosecuting attorney shall, immediately after making his annual report to the attorney general, file said report with the county clerk. It shall also be the duty of every justice of the peace to issue to each juror impaneled in any such proceedings a certificate of his at

tendance of such juror and the amount of fees to which he is entitled, and deliver the same to such juror at once upon the discharge of the jury, and also to issue to each witness subpoenaed by the people upon his proving his mileage and attendance as provided by law, a certificate of the same. The prosecuting attorney shall furnish to justices suitable blanks for such reports and certificates, and the actual expense of procuring the same shall be audited by the board of supervisors and paid in the same manner as other contingent claims against the county.

justice to

SEC. 33. In case any justice of the peace shall neglect Failure of or refuse to make a report to the prosecuting attorney within make report. twenty days after the disposition of any such proceeding before him, as herein provided, he shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine of twenty-five dollars and shall forfeit all right to any fees for his services in every proceeding in which he so neglects or refuses to make such report.

recog

SEC. 34. The person so charged with and convicted by any Appeal. such justice of the peace of any such offense, may appeal from the judgment of such justice of the peace to the circuit court: Provided, That such person shall enter into a recognizance to Proviso, the people of the state of Michigan in a sum not less than fifty nizance. nor more than five hundred dollars within ten days after the rendition of the judgment, with one or more sureties, conditioned to appear before said court on the first day of the next term thereof to prosecute his appeal at said term to effect and to abide the orders and judgment of said court; and the justice from whose judgment an appeal is taken shall thereupon discharge the person so convicted or order his discharge, shall make a special return of the proceedings had before him and shall cause the complaint, warrant and the return together with the recognizance and the testimony taken by him, to be filed in the said circuit court on or before the first day of the circuit court next to be holden for said county. In case there shall be any objections to the complaint, warrant or other proceedings and the decision of the justice thereon which would not be allowed to be made on the trial of the appeal, the same may be set forth specifically in such recognizance. Such justice shall in addition to his return as required by this section, make a full and complete return as to all matters specifically mentioned in such recognizance, and the same shall be deemed issues of law for the determination of such circuit court.

certiorari.

SEC. 35. A writ of certiorari to remove into the circuit Writ of court of the proper county a conviction had before a justice of the peace, may be allowed by the circuit judge or the circuit court commissioner on the application of the party convicted. The party desiring such certiorari or someone in his behalf, shall apply for the same within twenty days after such conviction shall have been had and shall make an affidavit spe cifying the alleged error or errors complained of.

Allowance,

when made.

Service of.

When

sentence suspended.

Return of amended writ, etc.

When

appearance

etc.

SEC. 36. If the person to whom application for such certiorari be made, shall be satisfied that error has been committed in the proceedings or judgment, he shall indorse upon the affidavit his allowance thereof.

SEC. 37. The writ of certiorari and affidavit shall be served upon the justice before whom such conviction was had within ten days after said allowance, and the justice shall make a return to all the matters specified in such affidavit and shall cause such writ, affidavit and return to be filed in the office of the county clerk of the county within ten days after the service of such writ.

SEC. 38. After the service of the writ of certiorari as provided in the preceding section, if the party convicted shall enter into recognizance with surety or sureties satisfactory to such justice or to the person allowing the certiorari, conditioned that he will appear at the next term of the circuit court to be held in and for said county and abide the order and determination of the court, the justice shall order that the sentence be suspended; and if the defendant shall have been committed to jail on such sentence, the justice shall order the jailer to set such prisoner at liberty, who is hereby required to comply with such order. The person receiving such recognizance shall within twenty days thereafter, cause the same to be deposited with the county clerk.

SEC. 39. The circuit court shall have power to compel a return or an amended or further return to all writs of certiorari issued under the provisions of this act.

SEC. 40. It shall not be necessary for the defendant to not required, appear in the said circuit court upon the prosecution of such certiorari unless the court otherwise direct; nor shall any assignment or rejoinder in error be necessary but the said court shall proceed to hear the parties and give judgment on the return made to such writ of certiorari as the right of the matter may appear.

Notice of argument.

May require new recognizance, etc.

When defendant discharged,

etc.

SEC. 41. At least four days' notice of argument upon any such matter shall be given to the prosecuting attorney of the county where the offense was committed, before the time at which a hearing is intended to be had.

SEC. 42. The circuit court in which the person recognized shall be bound to appear, shall have power to continue such recognizance or to require a new recognizance with further or other security until a decision shall be had in such case; and in default thereof, the same court may commit the party so convicted to close confinement.

SEC. 43. If the conviction and judgment of the justice be reversed, the circuit court shall discharge the defendant; but if the judgment of such justice be affirmed, the said circuit. court shall order that such sentence be executed; and if the defendant shall have been let out of prison as herein before provided, he shall be remanded back to such prison for the length of time that remained unexpired of his sentence at the period he was so let out of prison.