Current expenses. How paid out. Tax clause, [No. 104.] AN ACT making appropriations for the Michigan Soldiers' The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for current expenses of the Michigan Soldiers' Home for the fiscal year ending June thirty, nineteen hundred fourteen, the sum of two hundred thousand dollars, and for the fiscal year ending June thirty, nineteen hundred fifteen, the sum of two hundred thousand dollars. SEC. 2. The several sums appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of the Michigan Soldiers' Home at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder. SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred thirteen, the sum of two hundred thousand dollars, and for the year nineteen hundred fourteen, the sum of two hundred thousand dollars, which when collected shall be credited to the general fund to reimburse the same for the money hereby approriated. This act is ordered to take immediate effect. Approved April 22, 1913. Defendant, when placed [No. 105.] AN ACT to provide a uniform system of probation throughout the State of Michigan; the appointment of probation officers and to prescribe the powers, duties and compensation of such officers; to provide a penalty for the violation of his duties; and to repeal act number ninety-one of the Public Acts of nineteen hundred three, as amended. The People of the State of Michigan enact: SECTION 1. In all prosecutions for crimes or misdemeanors, on probation except murder and treason, where the defendant has been found guilty, upon verdict or plea, and where the court has power to sentence such defendant to fine or imprisonment, and where it appears to the satisfaction of the court that the defendant is not likely again to engage in an offensive or criminal course of conduct, and that the public good does not require that the defendant shall suffer the penalty imposed by law, said court shall have the power to place the defendant on probation under the charge and supervision of a probation officer. term, etc. SEC. 2. Orders granting probation shall be entered of Probationary record in courts of record and in regular court journals in courts not of record, and the court shall determine the conditions and period of probation which, in the case of any defendant found guilty by verdict or plea of an offense less than a felony, shall not in any event exceed two years, and in the case of any defendant found guilty by verdict or plea, of a felony, not to exceed five years. SEC. 3. The conditions of probation shall include the fol- Conditions, lowing: 1. That the probationer shall not, during the term of his probation, violate any criminal law of the State of Michigan, or any ordinance of any municipality of said State; 2. That he shall not during the term of his probation, leave the State without the consent of the court granting his application for probation; 3. That he shall make a report to the probation officer, either in person or in writing, monthly, or as often as the latter may require. The court in its discretion may also impose additional conditions including any one or all of the following conditions: 1. That the probationer shall abstain from the use of liquor and avoid saloons; 2. That he shall make restitution in whole or in part, immediately, or within the period of probation, to the person or persons injured or defrauded; 3. That he shall make contribution from his earnings for the support of those dependent upon him; 4. That he shall pay immediately, or within the period of his probation, a fine imposed at the time of being placed on probation; 5. That he shall pay toward the expense of probationary oversight, not exceeding one dollar per month, during the continuance of his probation, and all money received for such probationary oversight shall be paid into the general fund out of which probation officers are paid. what to include. SEC. 4. At any time during the period of probation the Revocation, court may, upon report by a probation officer or other satis. etc. factory proof of the violation by the probationer of any of the conditions of his probation, revoke and terminate the same, and issue a warrant for the arrest of the probationer, which warrant may be served by any probation officer in the State, or by any officer authorized to serve criminal process. Upon the probationer being brought before the court for violation of his probation, the court, in its discretion, may Termination. Proviso. Entry of discharge. Chief probation officer, ment, etc. revoke and terminate such probation and impose the sentence provided by law, and in computing the period for which he is to be confined, the time between his release upon probation and his return to custody shall not be taken to be any part of the term of sentence. SEC. 5. Upon the termination of the probation period, the probation officer shall report the fact to the court and also the conduct of the probationer during the period of probation, and the court may thereupon discharge the probationer from further supervision and enter a judgment of suspended sentence, or extend the probation period, as the circumstances require: Provided, That the maximum period of probation herein limited shall not be exceeded. SEC. 6. When a probationer is discharged upon the expiration of the probation period, or upon its earlier termination by order of the court, entry of the discharge shall be made in the records of the court, and the probationer shall be entitled to a certified copy thereof. SEC. 7. The circuit court of each of the several judicial etc., appoint- circuits through the State of Michigan may recommend a chief probation officer and may also recommend assistant probation officers who shall be appointed by the Governor, and each of whom shall act as such probation officer in the Compensation judicial circuit in which he may be appointed, and who shall receive such compensation as the boards of supervisors of the several counties shall provide. In cities having a municipal court, or a superior court, or a recorder's court, or a police court, the judge or judges of said courts may appoint a chief probation officer and may also appoint assistant probation officers, each of whom shall act as such probation officer within the limits of the territorial jurisdiction of such courts, and who shall receive such compensation as the boards of supervisors of the several counties or the common councils of the several cities may provide: Provided, That the number of probation officers appointed for any city or county shall in no event exceed one for every fifty thousand inhabitants or less of said city or county: Provided further, That in cities where there are two or more courts, each having different jurisdictions, the judge of each such court shall appoint the probation officer or officers for his own court; and where there are two or more judges of any such court, they shall jointly appoint the probation officer or officers for their own court: Provided further, That when a judicial circuit shall consist of more than one county, the court may appoint at least one assistant probation officer for each county. Proviso. Further proviso. Further proviso. Notice of appointment. SEC. 8. Notice of the appointment of any chief probation officer or of any assistant probation officer shall be given in writing to the secretary of the Board of Corrections and Charities within thirty days after such appointments shall be made. SEC. 9. Before entering upon the duties of his office, each Oath of office. probation officer shall take and subscribe the constitutional oath of office, which oath shall be filed in the office of the Secretary of State. SEC. 10. The court in cases of those probation officers ap- Removal. pointed by the court, and the Governor in cases of those probation officers appointed by the Governor, shall have the power to remove such officer or officers for incompetency or misconduct. SEC. 11. Probation officers shall not be members of a regular police force, nor serve as deputy sheriffs, or constables. SEC. 12. The salary and necessary expenses of the chief Salary, etc.. how payable. probation officer and each assistant probation officer shall be paid monthly out of the treasury or treasuries of the county or counties composing the circuit within which such probation officer or officers shall act, where provision has been made by the board of supervisors of such county or counties for their payment; if said probation officer is appointed by a criminal court of record of general jurisdiction, of any city, out of the treasury of the county in which said city is located, where provision for their payment has been made by the board of supervisors of the county in which said city is located; if said probation officer is appointed by a police court, out of the treasury of the city in which such police court is located, where provision for payment has been made by the common council of such city. Said salary and expenses shall be paid by the city or county treasurer upon an order of the clerk of the court, properly audited by the officer or board of the city or county in whom the power or duty of auditing accounts is vested. etc., unlawful SEC. 13. Any probation officer receiving compensation from Gratuities, any public funds under the provisions of this act, who shall to receive. receive any compensation, gift or gratuity whatever from any person under probation or from any person, firm or corporation, for doing or refaining from doing any official act in any way connected with his work as probation officer, or in any way connected with any proceeding then pending or about to be instituted in any court with which said probation officer has to do, shall be deemed guilty of a misdemeanor and may be punished accordingly. SEC. 14. Every probation officer when so directed by the Duty of probacourt, shall inquire into the antecedents, character and cir- tion officer. cumstances of any person or persons accused within the jurisdiction of such court, and shall report thereon in writing to such court or magistrate. He shall preserve complete and accurate records of cases investigated by him and of all cases placed in his care by the court and of any other duties performed 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 proba May act as etc. tioner full instructions as to the terms of his release upon probation. SEC. 15. Any probation officer may act as parole officer parole officer, for any penal or reformatory institution in the 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 any compensation paid for such services shall be deducted from the salary of said probation officer. Duty of board SEC. 16. The Board of Corrections and Charities shall preof corrections and charities. Scribe 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. Said board 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 act 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. This act shall not be construed as limiting or repealing act number six of the public acts of the extra session of nineteen hundred seven, and amendments thereto. Act repealed. Act number ninety-one of the public acts of nineteen hundred three, and amendments thereto, are hereby repealed. Approved April 22, 1913. [No. 106.] AN ACT to make uniform the law of transfer of shares of stock in corporations. The People of the State of Michigan enact: SECTION 1. (How title to certificates and shares may be transferred.) Title to a certificate and to the shares represented thereby can be transferred only, (a) By delivery of the certificate indorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby, or (b) By delivery of the certificate and a separate document containing a written assignment of the certificate or a power of attorney to sell, assign, or transfer the same or the shares represented thereby, signed by the person appearing by the certificate to be the owner of the shares represent |
