« 이전계속 »
Seventh, When either party shall make and file an affidavit of the bias, prejudice, or interest of the judge, before whom
the said cause is pending, or for other cause shown. Court to make And direct the issue to be tried in the circuit court of for removing, etc. another county, and make all necessary rules and orders for
the certifying and removing such cause, and all the matters
relating thereto, to the court in which such issue shall be orJurisdiction of
dered to be tried; and the court to which such cause shall be trial court.
removed shall proceed to hear, try and determine the same and execution may thereupon be had in the same manner as
if the same had been originally prosecuted in their county, When defendant except that in all criminal causés, when the defendant shall imprisoned.
be convicted and be sentenced to imprisonment in a common jail or to pay a fine, or to both such imprisonment and fine the court awarding such sentence shall have authority to direct and shall direct, that the defendant be imprisoned in
the common jail of the county in which such prosecution Where fine paid. commenced; and that such fine when paid shall be turned
over to the county treasurer of the county in which such
prosecution commenced, in the same manner as is now proExpenses, where vided by law for paying over fines to county treasurers; and
in every criminal case where a change of venue is ordered,
all expenses of such trial shall be a charge upon the county in When may be which the prosecution originated; and when there shall be tried in another circuit. a disagreement of the jury on the trial of any criminal cause,
in the circuit court to which such cause was ordered for trial,
This act is ordered to take immediate effect.
AN ACT to regulate the practice of circuit courts upon
motions to quash, demurrers and dilatory pleas, and to provide for the review of decisions thereon by the Supreme Court.
The People of the State of Michigan enact:
Motions, etc., decisions on, how reviewed
SECTION 1. Whenever in any action at law in a circuit court a motion to quash the writ or declaration upon jurisdictional grounds, or the issues raised on a demurrer, plea to the jurisdiction or other dilatory plea shall be decided adversely to the party filing such motion, demurrer or plea, the decision may be reviewed by writ of certiorari forthwith. Upon the Stay of pro
ceedings. issue of such writ the Supreme Court may upon proper cause shown, stay the proceedings in the circuit court pending their decision on such writ. Or such decision may be reviewed by assignment of error under a writ of error sued out to review the final judgment in the cause in case such party shall plead over and a final judgment upon the merits shall be rendered against him. Sec. 2. This act shall not affect existing remedies.
Not to affect This act is ordered to take immediate effect.
existing remedies. Approved June 17, 1905.
AN ACT relative to the cost of bonds to be furnished by State
The People of the State of Michigan enact:
Bonds, where SECTION 1. That whenever a bond is required by the laws may be procured;
This act is ordered to take immediate effect.
AN ACT to regulate the treatment and control of dependent,
neglected, and delinquent children and to establish juvenile courts.
The People of the State of Michigan enact:
SECTION 1. This act shall apply only to minors. For the Words purpose of this act the words “dependent child” and “neg "dependent child" lected child" shall mean any child who for any reason is des- child," how titute or homeless or abandoned or dependent upon the public for support or who has not proper parental care or guar
dianship or who habitually begs or receives alms or who is found living in any house of ill-fame or with any vicious or disreputable person or whose home by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or other person in whose care it may be, is an unfit place for such child; any child under the age of ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street as a business, or giv
ing any public entertainment or who accompanies or is used in Words the aid of any person so doing. The words “delinquent child" "delinquent child," how
shall include any boy under sixteen years of age, or girl under seventeen years of age, who violates any law of this State or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated; or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public pool-room or bucket shop, or who wanders about the streets in the nighttime without being on any lawful business or occupation, or who habitually wanders about any railroad yard or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane, or indecent language, or is guilty of immoral conduct in any public place or about any schoolhouse; every child who does not attend school and who is vicious, incorrigible, or immoral in conduct while attending school, or who is an habitual truant from school, or jvho habitually wanders about the streets and public places during school hours without any lawful occupation or employment. Any child committing any of the acts herein mentioned shall
be deemed a juvenile delinquent person and shall be proceeded Certain evidence against as such in the manner hereinafter provided. A dispopot lawful against such child. sition of any child under this act, or any evidence given in
such cause, shall not in any civil, criminal, or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever excepting
in subsequent cases against the same child under this act. Jurisdiction of SEC. 2. In counties in this State having over one hundred
thousand population, the circuit court of the said counties
shall have original jurisdiction in all cases coming within the Circuit court terms of this act. In counties in this State having less than
one hundred thousand population and more than twenty-five thousand population, the circuit court commissioner, or in case there are more than one circuit court commissioner, either of them shall have original jurisdiction in all cases coming within the terms of this act. In counties having twenty-five thousand population or less, the probate court shall have original jurisdiction in all cases coming within the
terms of this act. In all trials under this act, any person Right of
Sec. 3. In counties having over one hundred thousand Who to designate population, a majority of the judges of the circuit court shall certain counties. designate one or more of their members whose duty it shall be to hear all cases coming under this act. A court room to “Juvenile court be designated as a “Juvenile Court Room” shall be provided and courts.com for the hearing of such cases, and the findings of the court shall be entered in a book or books to be kept for that purpose and known as the "Juvenile Record”; and these courts shall be called the “Juvenile Courts.”
SEC. 4. The Governor may appoint in each county of this "County agent," State an agent of the State Board of Corrections and Chari-governor to ties, for the care and protection of ill-treated, dependent, and delinquent children, who shall hold his office during the pleasure of the Governor and shall be known as the “County Agent” for the county for which he is appointed. Before To file oath entering upon the duties of his office and within thirty days after receiving notice of his appointment, the said agent shall take and file with the county clerk of the county for which he was appointed, the oath of office prescribed by the constitution of this State; and upon such qualification, it shall be Duty of the duty of the county clerk to immediately transmit notice county clerk thereof to the judge of the juvenile court and circuit court commissioners and to the superintendents of all State and incorporated institutions authorized to receive or place out on contract, indenture, or adoption, any child. The said agent Compensation of shall receive as compensation for his services under this act county agent. his necessary official expenses together with the sum of three dollars in full for each day ordered by the court, the superintendent of any State institution, or the State Board of Corrections and Charities, but not exceeding three dollars for any one day's service; which shall be audited by the Board of Bills, how audited, State Auditors and paid from the general fund; and when
certified, etc. such services and expenses relate to the indenture, adoption, or visiting of children placed in families by State institutions, the amounts therefor shall be certified by the superintendent of the institution to which the child may belong; and when such services shall be ordered by the court or commissioner the amounts therefor shall be certified by the court or commissioner so ordering such service. Such bills shall specify What bills to time spent, miles traveled, manner of travel, and each item of specify. the expense incurred.
Sec. 5. Any reputable citizen being a resident in the county Any citizen may having a knowledge of a child in his county who appears to be file complaint. either neglected, dependent, or delinquent, may file with the court or commissioner having jurisdiction in the matter, a petition in writing, setting forth such factor facts duly
When summons shall issue,
verified by affidavit, and it shall be sufficient that such affiCourt to notify
davit shall be upon information and belief. Whenever such petition is filed, it shall be the duty of such court or commissioner, and before any further proceeding is had in the
case, to give notice in writing of pendency to said agent, if Duty of agent. there be one in said county, who shall have opportunity al
lowed him to investigate the facts and circumstances surrounding the case, and, upon receiving such notice, the agent shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child and all the facts and circumstances of the case, and report the same to the said court or commissioner who shall advise and counsel with the agent; and if, upon such consultation, and after full investigation, it shall appear to the court or commissioner that the public interest and the interest of the child will be best subserved thereby, a summons shall issue requiring the person or persons having custody or control of the child or with whom the child may be, to appear with the
child at a place and time which shall be stated in the sum-. Parent or mons; and if such person is other than the parent or guardian guardian to be notified.
of such child, then said parent or guardian shall be notified Proviso as to of the pendency of the case: Provided, That when said parnon-residents.
ents or guardians are non-residents or cannot be found, then Persons in such notice shall not be required. If persons so summoned contempt of court.
as herein provided shall fail without reasonable cause to appear with the child and abide the order of the court, he may be proceeded against for contempt of court under and in accordance with the provisions of chapters thirty-eight
and three hundred one of the Compiled Laws of eighteen hunWhen warrant dred ninety-seven. In case the summons cannot be served, may issue,
or parties fail to obey the summons, and in any case when it shall appear to the court or commissioner that such summons will be ineffectual, upon complaint on oath and in writing, a warrant may issue either against the parent or guardian or other person having custody of the child or with whom the child may be, or against the child itself and said child
may be committed to the care of any person or association Proviso, as to pending the final disposition of the case: Provided, That appearance of prosecuting
when a warrant is so issued, the prosecuting attorney of the attorney. county shall be notified and shall appear in the case for the
people, if such appearance does not result in an undue delay Court may order in the disposition of the case. On return of the summons or return of child to parents, etc.
warrant, or as soon thereafter as may be, the court or commissioner shall proceed to hear and dispose of the case, and if it shall appear to the court or commissioner that the public interests and the interests of such child will be best sub
served thereby, he may make an order for the return of such Impose fine, child to his or her parents or guardians or friends; or upon suspend sentence, conviction may impose a fine, or suspend sentence for a
definite or an indefinite period, and may place such child while so on suspended sentence, under charge of the county agent on probation under the provisions of act ninety-one
Act to govern.