act number one hundred forty-four of the Michigan public acts of nineteen hundred seven, entitled "An act to prevent a desertion and abandonment of wife or children by persons charged by law with the maintenance thereof; to make such abandonment and desertion a felony and to prescribe punishment therefor; to provide for the care of the dependent wife and children, and to repeal act number thirty-nine of the public acts of nineteen hundred three;" act number two hundred eighty-four of the Michigan public acts of nineteen hundred seven, entitled "An act to provide punishment for wife desertion in certain cases;" act number three hundren fourteen of the Michigan public acts of nineteen hundred seven, entitled "An act to provide for the punishment of the persons responsible for or contributing to the delinquency of children;" act number two hundred of the public acts of nineteen hundred five, entitled "An act to provide for the compulsory education of children, for penalty for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same, as amended by act number seventy-four of the public acts of nineteen hundred seven, and act number two hundred fifty-five of the public acts of nineteen hundred eleven," and under and by virtue of any and all other statutes amendatory of, or supplementary to any of the statutes above specified, and any and all other statutes relating to the crimes, misdemeanors and offenses above specified.

domestic

SEC. 4. In all cases determined by any police court or Appeal to justice of the peace within the limits of their respective court of counties, under either or any of the statutes herein before relations. specified, an appeal may be taken to the court of domestic relations of the same county, in the same manner and with the same effect as prescribed by the general laws of the State for appeals from convictions by justices of the peace within this State to the circuit court in criminal cases; and said courts of domestic relations are hereby given exclusive jurisdiction of all appeals from convictions under said statutes.

SEC. 5. Said court of domestic relations shall have power writs, process. to issue all lawful writs and process, and to do all acts which may be necessary and proper to carry into complete effect the powers and jurisdiction given by this act. further, in all prosecution and proceedings for the punishment of misdemeanors, under and by virtue of the statutes above mentioned, to issue all writs and process, and to do all acts which justices of the peace within their respective jurisdictions may issue and do by the laws of this State, and shall therein as far as applicable be governed by the provisions of law regulating criminal cases and proceedings before justices of the peace.

Practice and proceedings.

Wife desertion, mainte

nance.

Proceedings, practice, etc.

Custody, etc., of minor children.

SEC. 6. In the hearing and trial of all cases pending in the circuit courts of the same county, the trial of all felonies, and the trial and hearing of all causes and proceedings in the exercise of its appellate jurisdiction, the practice and proceedings of said court of domestic relations shall be the same as those prescribed by law for circuit courts in this State, in like cases, unless otherwise limited by this act; and the rules prescribed by the supreme court for the guidance and practice of circuit courts shall be the rules of said court of domestic relations in its proceedings above specified in this section so far as the same may be applicable; but it shall have the same power and make rules for its practice and proceedings as is by law given to circuit courts, or the judges thereof.

SEC. 7. Whenever a husband shall, without good and sufficient cause, desert his wife, or shall have deserted his wife, or being of sufficient ability to support her, shall refuse or neglect to properly provide for and suitably maintain her, being a resident of this State, the court of domestic relations of any county in this State in which said husband or wife shall reside, shall, on the application of the wife by petition, allot, assign, set apart and decree to her as alimony, the use of such part of her husband's real and personal estate, or such proportions of his earnings, income or revenue, as the court may determine, in its discretion, and during the pendency of the proceeding may require the husband to pay such sums to carry on the proceeding, or for her support as it shall deem necessary, in like manner as provided by section eight thousand six hundred twenty-eight of the compiled laws of eighteen hundred ninety-seven, in case of suits for divorce.

SEC. 8. In every proceeding pursuant to the preceding section the proceedings and practice therein shall be the same, as near as may be, as is now provided for by law in cases of a petition or bill for divorce and alimony, and said court of domestic relations shall have and exercise the same power and authority therein.

SEC. 9. In all proceedings brought pursuant to the two last preceding sections, the court may order and decree concerning the care, custody and maintenance of the minor children of the parties, and may determine with which of the parties the children, or any of them, shall remain, and during the pendency of the proceeding, may assign and decree to the wife the possession of any of the real and personal estate of the husband, and the court may decree the payment of a fixed sum of money for the support of such wife and minor children, and that the payment of the same be secured upon real estate, or otherwise, at such times and in such manner as may be proper, and may enforce the performance of such decree by the sale of the real estate of the husband, or otherwise, as may be necessary. And the court shall have power to change the allowance

from time to time, according to circumstances, and may revoke such allowance altogether on satisfactory proof of a voluntary and permanent reconciliation: Provided, however, Proviso, That such allowance shall be only during the joint lives of allowance. such husband and wife.

courts.

SEC. 10. In relation to any and all children of parents Power of who shall or may be brought before said court, under and juvenile by virtue of the provisions of sections seven, eight and nine of this act, and of parents who shall be parties to any suit for divorce, or for the annulment of marriage, said court of domestic relations shall have and exercise all the jurisdiction, power and authority of juvenile courts, under and by virtue of act number three hundred twenty-five of the public acts of nineteen hundred seven, during the pendency of such proceedings.

officers,

SEC. 11. The judge may appoint one or more persons to Probation act as probation officers and such other clerical assistance duties of. as may be necessary, to be paid from such funds as may be appropriated for the purpose from time to time by the county board of supervisors. The judge of said court may appoint other probation officers who shall receive no compensation from the public treasury for the duties performed under such appointment. A probation officer shall hold office during the pleasure of the court and shall act upon all cases in obedience to the orders of the court: Provided, Proviso. That the court shall notify the State Board of Corrections and Charities of the appointment of all probation officers who shall make such reports to said board as said board may from time to time demand.

SEC. 12. No person shall be eligible to any office in this Officers, eligibility. court who is not a citizen of the State of Michigan and a resident of the county in which said court is located. No person shall be eligible to the office of judge of the court of domestic relations who is not an attorney-at-law authorized to practice in the supreme court of this State. No person shall be eligible to be appointed probation officer who is not a discreet person of good moral character. The Oath of office. judge and officers of this court shall, before entering upon the duties of their respective offices, take and subscribe the constitutional oath of office before an officer authorized by law to administer oaths, which same shall be filed in and become a part of the permanent records of said court. The clerk and all officers who may from time to Bonds. time be authorized by the judge to collect and disburse money of probationers in obedience to court orders shall give a bond to the people of the State of Michigan in amount double that which may usually be handled by them in one month, said amount to be determined by judge of said court.

SEC. 13. The clerk of the county wherein said court is located, or such deputy county clerk or deputies, as the judge of said court may direct, shall be clerk of said court; and as such, it shall be the duty of said clerk and deputy clerks to keep a true record of the proceedings of said court in the proper books to be provided therefor; to enter and record all orders, decrees and judgments, and to file and safely keep all books and papers belonging to, or pertaining to said court; shall sign and seal all writs and process issuing from said court; shall have power generally to administer oaths, take affidavits and acknowledgments, and to do all acts authorized to be done by law by clerks of the cir cuit courts of this State, so far as the same may be applicable. He shall receive all fines and costs imposed by said court, and within a reasonable time pay the same to the county treasurer of the county wherein said court is located, and take a receipt therefor.

SEC. 14. The sheriff of the county, or such deputy or deputies as the judge of said court may direct, shall attend the sittings of said court, and he and they shall have the power, and it shall be their duty, under the direction of said sheriff, to execute all lawful precepts and commands of said court, and serve all lawful writs and process issuing therefrom, except as herein otherwise provided.

SEC. 15. All writs and process for crimes and offenses under the laws of this State as above specified, shall be directed to the sheriff of the county wherein said court of domestic relations is located, or to the superintendent, or any member of the metropolitan police of the city wherein such court may be located, and all writs and process of said court may, within the corporate limits of such city, be served by the superintendent or any member of the metropolitan police thereof, except in those cases where by the constitution of this State, such process is required to be served by the sheriff of such county, or his deputy. All writs and process shall run, In the name of the People of the State of Michigan, be sealed with a seal of the court, signed by the clerk of said court, dated on the day on which the same may issue, and be tested in the name of the judge of said court.

SEC. 16. A stenographer for each of said courts shall be appointed by the Governor, on the recommendation of the judge of the said court. The person so appointed shall take and subscribe the official oath prescribed by the constitution, which oath shall be administered by the presiding judge. He shall be deemed an officer of the court, and shall hold the position during the pleasure of the Governor: Provided, The court shall have the power to suspend him for incompetency or misconduct, and in such case of suspension he shall thereafter cease to hold the office of stenographer, unless by order of the court his suspension be rescinded.

SEC. 17. No person shall be allowed to appear or practice Attorneys, in this court as an attorney and counselor, unless he shall be eligibility. an attorney licensed to practice in the State supreme court: Provided, That none shall be prohibited from appearing in Proviso. person in his own behalf. All trials in this court shall be public, except that the judge may exclude from the court room any person whose presence is deemed prejudicial to the interests of the person or persons before the court or the public, when such person does not have a recognized personal interest in the case. The offices of this court Court, hours shall be open daily at reasonable hours for the transaction of the general business thereof, and said court shall be deemed in law always open for the purpose of taking complaints, issuing warrants and admitting prisoners to bail in cases arising under this act.

SEC. 18. The court of domestic relations shall have power to punish as for criminal contempt any person who shall be guilty of any act, conduct or behavior, for which such person would be punishable as for a criminal contempt in any circuit court, and the said court shall follow the usual practice of circuit courts in cases of contempt, and may inflict like punishment.

of.

SEC. 19. The judge of the court of domestic relations, the Bail. judge of the circuit court in the same county, or any judge thereof, and the supreme court of this State, or any justice thereof, and no other court magistrate or justice whatever, shall have power to hold to bail any prisoner or person held in custody by order of this court.

tachment of, release, etc.

SEC. 20. If it shall appear to the court of domestic rela- Witnesses, attions by affidavit or other appropriate evidence under oath that any person is a material witness in any criminal cause pending before said court, and upon information and belief that said person will not appear unless security be given by such person to appear, the said court may attach such person and commit him or her to the custody of the sheriff of that county, there to be held for a period not longer than thirty days or until bail in and sureties satisfactory to said court shall be given by such person to appear to testify in said cause without further notice.

SEC. 21. Any complainant or defendant in any cause in Appeal to equity, who may think himself aggrieved by any decision, supreme decree, or order made therein by said court of domestic relations, may appeal therefrom to the supreme court; such appeal may be taken in such like cases, and the proceedings on appeal shall be similar in all respects to those prescribed by statute in cases of appeal from circuit courts; and the supreme court may issue all writs of error, certiorari, prohibition, mandamus, and other writs directed to the said court of domestic relations, or the judge thereof, as it may issue directed to the circuit court or the judge thereof, and shall have like superintending control over the said court