SEC. 7. Whenever a demand shall be made upon the gov- When governor to ernor of this state by the governor of any other state or issue territory in any case authorized by the constitution and laws warrant. of the United States for the delivery over of any person charged in such state or territory with treason, felony or any other crime and there shall be produced with such demand a copy of the indictment found or information filed, or affidavit or complaint made before a magistrate of the state or territory demanding, charging the person so demanded with having committed treason, felony, or other crime within such state or territory, duly certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, with due proof of the fleeing, it shall be the duty of the governor of this state to issue an order or warrant to the sheriff of the county in which such person so charged may be found, commanding him to forthwith arrest such alleged fugitive and to deliver him to the duly authorized agent appointed by the executive authority making such demand to receive him and remove him to the proper place for prosecution. But the sheriff, while May have the alleged fugitive is in his custody and before delivering examination. him up to the agent of the demanding state, shall afford him every facility to enable him to have a judicial examination if he desires it, by habeas corpus or otherwise, to ascertain whether the demand and arrest have been made comformably to the requirements of law so that such person if he ought not to be delivered may be duly discharged, and the attorney general when required by the governor shall forthwith investigate the grounds of demand and report to the governor all material facts, which may come to his knowledge, as to the situation and circumstances of the person so demanded, and especially whether he is held in custody or is under recognizance to answer for any offense against the laws of this state, or of the United States or by virtue of any civil process, and also whether such demand was made conformably to law, so that such person ought not to be delivered up.

judicial

execute

SEC. 8. If the governor shall be satisfied that the demand Agent to is conformable to law, and ought to be complied with, he shall warrant. issue his warrant, under the seal of the state, authorizing the agents who make such demand, either forthwith or at such time as shall be designated in the warrant, to take and transport such person to the line of this state, at the expense of such agents, and shall also by such warrant require the civil officers within this state to afford all needful assistance in the execution thereof.

committed

SEC. 9. Whenever any person shall be found within this Offense state charged with any offense committed in any other state in other or territory and liable by the constitution and laws of the state. United States to be delivered over upon the demand of the governor of such other state or territory, any court or magistrate authorized to issue warrants in criminal cases, may upon complaint on oath setting forth the offense, and such other

Recognizance.

When committed to prison.

When discharged.

Proviso.

Complainant to

pay costs.

When prose-
cutors not
to defend.

When criminal case

matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same or some other court or magistrate, within this state, to answer to such complaint as in other cases.

SEC. 10. If, upon the examination of the person charged, it shall appear to the court or magistrate that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the governor, he shall if not charged with a capital crime, or with murder in the first degree, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before such court or magistrate at a future day, allowing a reasonable time to obtain the warrant of the governor, and to abide the order of such court or magistrate in the premises.

SEC. 11. If such person shall not recognize, or if he shall be charged with a capital crime, or with the crime of murder in the first degree, he shall be committed to prison and there detained until such day in like manner as if the offense charged had been committed within this state; and if the person so recognizing shall fail to appear according to the condition of his recognizance, he shall be defaulted and the same proceedings shall be had as in the case of other recognizances entered into before such court or magistrate.

SEC. 12. If the person so recognized or committed, shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him, or unless the court or magistrate shall see cause to commit him, or to require him to recognize anew for his appearance at some other day; and if, when ordered, he shall not so recognize, he shall be committed and detained as before: Provided, That whether the person so charged shall be recog nized, committed or discharged, any person authorized by the warrant of the governor may, at all times, take him into custody and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.

SEC. 13. The complainant in any such case shall be answerable for all the actual costs and charges and for the support in prison of any person so committed, to be paid weekly or otherwise as may be ordered by the court or magistrate; and if the charge for his support in prison shall not be so paid, the jailer may on the failure of the complainant discharge such person from his imprisonment.

SEC. 14. It shall be unlawful for any prosecuting attorney of this state to defend or assist in the defense of any person charged with crime within the county of which he is prosecuting attorney.

SEC. 15. When any criminal cases commenced by the people of the state of Michigan within any county of this transferred. state shall be transferred to another county for trial for any reason whatsoever, the prosecuting attorney of the county to which said cause is transferred shall be prohibited from de

fending or assisting in the defense of the cause so transferred; and in case the prosecuting attorney of the county to which said cause is transferred shall be employed to assist in the prosecution of said cause, the county from which said cause. was transferred shall pay such charges to such prosecuting attorney as the court may allow.

prosecutor

defend.

SEC. 16. It shall not be lawful for the law partner or Law partpartners of any prosecuting attorney to be directly or indi- ners of rectly engaged or interested in the defense of any person or not to persons charged with any offense, when it is the duty of such prosecuting attorney in his official capacity to prosecute such person or persons.

SEC. 17. Any person violating the provisions of the pre- Penalty for ceding section shall be deemed guilty of a misdemeanor and violation. upon conviction thereof before any court of competent jurisdiction shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding three months, or both in the discretion of the court.

may procure

SEC. 18. The prosecuting attorney may, under the direction Prosecutor of the court, procure such assistance in the trial of any person assistance. charged with a felony as he may deem necessary for the trial thereof, and the prosecuting attorney may, under the direction of the court, in case of disability of the prosecuting attorney, appoint an assistant to perform his duties during the disability of the prosecuting attorney, and such assistant shall be allowed such reasonable compensation as the board of supervisors or the board of county auditors in counties having county auditors shall determine, for his services to be paid by the county treasurer upon presenting to said board the certificate of the circuit judge of the county for which such services were performed, certifying to the services rendered by such assistant: Provided, That no person or attorney shall Proviso. be employed or appointed as assistant who is interested as attorney or otherwise in any case involving the same facts or circumstances involved in the cases to be conducted or tried by said assistant, or who has received any compensation from any person or persons who are interested in such cases.

reward.

SEC. 19. The board of supervisors is hereby authorized to Supervisors offer and pay out of the general fund of the county not to may offer exceed two thousand dollars as a reward for the arrest and conviction, or for information leading to the arrest and conviction of any person or persons having committed a crime within the county or having escaped from any penal institution therein Provided, That the powers granted hereby may Proviso. be exercised by the finance committee of the board of supervisors when said board of supervisors is not in session.

Acts, etc., repealed.

CHAPTER XVII.

Repeals.

SECTION 1. The following sections, chapters, acts, and all acts and parts of acts amendatory thereto, are hereby repealed, namely:

Chapter ninety-four of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand seven hundred sixty-nine to fifteen thousand seven hundred ninety-six inclusive, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred fifty-one of the revised statutes of eighteen hundred forty-six, being sections fifteen thousand six hundred twenty-three to fifteen thousand six hundred twentysix inclusive, of the compiled laws of nineteen hundred fifteen; Chapter one hundred sixty-one of the revised statutes of eighteen hundred forty-six, being sections fifteen thousand six hundred three to fifteen thousand six hundred twenty-two inclusive, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-two of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand six hundred twenty-seven to fifteen thousand six hundred forty-three inclusive, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-three of the revised statutes of eighteen hundred forty-six, as amended and added to, being sections fifteen thousand six hundred sixty-five to fifteen thousand six hundred ninety-eight inclusive, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-four of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand seven hundred two to fifteen thousand seven hundred thirty-eight of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-five of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand eight hundred fifteen to fifteen thousand eight hundred twenty-nine inclusive, except section fifteen thousand eight hundred twenty, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-six of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand eight hundred thirty-six to fifteen thousand eight hundred forty-two inclusive, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-seven of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand six hundred forty-five to fifteen thousand six hundred fifty-five of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-eight of the revised statutes of eighteen hundred forty-six, as amended, being sections fifteen thousand eight hundred forty-three to fifteen thousand eight hundred fifty-five, inclusive, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred sixty-nine of the revised statutes of eighteen hundred forty-six, as amended, except section four, being sections fifteen thousand eight hundred ninety-six to fifteen thousand nine hundred six, inclusive, except section. fifteen thousand nine hundred, of the compiled laws of nineteen hundred fifteen;

Chapter one hundred seventy of the revised statutes of eighteen hundred forty-six, as amended and added to, being sections fifteen thousand eight hundred seventy-nine to fifteen thousand eight hundred ninety-six of the compiled laws of nineteen hundred fifteen;

Act ninety-eight of the public acts of eighteen hundred forty, being section fifteen thousand six hundred ninety-nine of the compiled laws of nineteen hundred fifteen;

Act seventy-seven of the public acts of eighteen hundred forty-nine, being sections fifteen thousand nine hundred seven, fifteen thousand nine hundred eight and fifteen thousand nine hundred nine of the compiled laws of nineteen hundred fifteen;

Act two hundred twenty-six of the public acts of eighteen hundred forty-nine, being section fifteen thousand nine hundred eleven of the compiled laws of nineteen hundred fifteen;

Act two hundred fifty-eight of the public acts of eighteen hundred forty-nine, being sections fifteen thousand seven hundred ninety-seven to fifteen thousand eight hundred eight inclusive, of the compiled laws of nineteen hundred fifteen;

Act one hundred nineteen of the public acts of eighteen hundred fifty, being sections fifteen thousand three hundred forty-seven, fifteen thousand three hundred forty-eight and fifteen thousand three hundred forty-nine of the compiled laws of nineteen hundred fifteen;

Section three of act one hundred sixty-two of the public acts of eighteen hundred fifty, being section fifteen thousand eight hundred fifty-six of the compiled laws of nineteen hundred fifteen;

Section three of act one hundred sixty-six of the public acts. of eighteen hundred fifty-one;

Act seventy-seven of the public acts of eighteen hundred fifty-five, being sections fifteen thousand seven hundred thirtynine to fifteen thousand seven hundred fifty-nine inclusive, of the compiled laws of nineteen hundred fifteen;

Act one hundred nine of the public acts of eighteen hundred fifty-seven, being sections fifteen thousand nine hundred twelve, fifteen thousand nine hundred thirteen and fifteen thousand nine hundred fourteen of the compiled laws of nineteen hundred fifteen;