Page images
PDF
EPUB

ings of the board, to be audited and approved by the circuit judge of the circuit in which such county may be located, and be paid by the county treasurer on the certificate of the county clerk.

of lists.

SEC. 151. Said board shall meet annually on the second Meeting. Monday of April in each year, at the hour of ten o'clock in the forenoon, or as soon thereafter as shall be found practicable, at the office of the clerk of said county, and shall then and there select from the tax rolls of the cities, wards and townships of the said county for the preceding year, a list of Selection names of persons to serve as petit jurors in the circuit court of the said county for the succeeding year. The county clerk Clerk. shall be the clerk of the said board, and shall keep a record of their doings in a book to be provided for that purpose, which record shall, at the close of each meeting of the board, Record. be signed by the members thereof, and attested by the said clerk, and shall then be evidence in all courts and places of the doings of the said board.

on lists.

SEC. 152. No names shall be placed upon said lists, except Names those of persons being citizens and having the qualifications of electors, and such only as are not exempt from serving on juries, who are in possession of their natural faculties, and are not infirm or decrepit, of good character, of approved integrity and sound judgment, and well informed and conversant with the English language, free from all legal exceptions, and who have not made, and in whose behalf there has not been made to said commissioners, or either of them, any application to be selected and returned as jurors.

of names.

SEC. 153. Said lists shall consist of four names from each Number township and ward in such county having four hundred population, or less, according to the last federal census, and of one name additional for each additional one hundred population, and in the case of cities not divided into wards there shall be one name for each one hundred population in said city. In case there is not sufficient population in any county so that at least one hundred names shall be returned, then it shall be the duty of said commission to add to such list of names, a sufficient number from each city, ward and township, in accordance with the population thereof, to make a list of one hundred names.

SEC. 154. Said commissioners shall also make a list of Lists for grand jurors. names of persons of like qualifications to serve as grand jurors, consisting of two names from each township and ward in the county. Such list shall not contain any name already on the list of petit jurors. In the case of cities not divided into wards, they shall place upon said list one name for each five hundred population, according to the last census. any case, where according to the foregoing provisions, there shall not be at least fifty names on said list, then it shall be the duty of said commissioners to add to such list of names, a sufficient number from each city, ward and township, in accordance with the population thereof, to make a list of fifty

names.

In

Subsequent proceedings.

Referendum.

Submission.

Ballot.

Adoption of provisions.

Proviso, present lists valid.

Submission of proposition.

Present provisions continued.

SEC. 155. After the completion of said lists of petit and grand jurors, the subsequent proceedings shall be the same in all respects as is or may be provided by law, for the drawing and impaneling of juries.

SEC. 156. The provisions of the six last preceding sections shall not be in force or take effect in any county, until a majority of the voters voting thereon at an election as hereinafter provided, shall have voted in favor of the same. The question of the adoption of the provisions of such sections may be submitted to the voters of each county at any general election, after the passage of this act, by resolution of the board of supervisors, and like notice of the submission of the same shall be given as is required by law in the case of elections to elect county officers, and shall be submitted in substantially the following form:

Shall the provisions of sections one hundred fifty, one hundred fifty-one, one hundred fifty-two, one hundred fifty-three, one hundred fifty-four and one hundred fifty-five of chapter two of act number (here insert number of this act) of the Public Acts of nineteen hundred fifteen, providing for a board of jury commissioners, be adopted by this county? Yes [ ].

No [ ].

SEC. 157. If a majority of the electors voting on such proposition in any county, as determined by the canvass of votes cast, shall vote in favor thereof, from and after such determination, the provisions of said sections one hundred fifty, one hundred fifty-one, one hundred fifty-two, one hundred fifty-three, one hundred fifty-four and one hundred fifty-five shall be in force, and all other provisions of law relating to the making up of lists of jurors shall be superseded and repealed in such county: Provided, however, That the jury lists then on file and in use in such county, shall continue to be valid and to be used until such time as the board of jury commissioners herein provided for shall have been appointed, and shall have completed and filed the lists herein required to be made by them.

SEC. 158. The board of supervisors shall submit such proposition to the electors at the next general election whenever petitions for such submission, signed by ten per cent of the qualified electors of said county as shown by the last preceding general election, shall be filed with the county clerk of said county.

SEC. 159. In all counties of this State now having a board of jury commissioners, or in which jury lists are returned in any manner other than that provided by the general law of the State, the laws providing for such boards of jury commissioners, or such special manner of making said lists, shall continue to be in force until superseded by the adoption of the provisions of section one hundred fifty, one hundred fiftyone, one hundred fifty-two, one hundred fifty-three, one hundred fifty-four and one hundred fifty-five, as herein provided for, or until otherwise repealed.

CHAPTER III.

Of the Probate Courts.

and term.

SECTION 1. Judges of probate shall be elected in the coun- Election ties in which they reside and shall hold office for four years and until their successors are elected and qualified. They shall be elected on the Tuesday succeeding the first Monday of November, nineteen hundred sixteen, and every four years thereafter.

SEC. 2. In counties having two hundred fifty thousand in- Two and three judges. habitants there shall be two judges of probate and in counties having five hundred thousand inhabitants there shall be three judges of probate who shall be elected as hereinafter provided. They shall have equal powers, duties and com- Powers, pensation, except that the power of appointment, nomina- duties, etc. tion and removal of the several employes provided by law for such court and the offices connected therewith, and the gen- Appointment eral direction and control of the business of such court, in- and direction of employes cluding the division of the work between the judges, shall be of business. vested in the judge having served for the longest period continuously. Whenever the United States census shall show Additional judges. that any county has two hundred fifty thousand inhabitants and it has but one judge of probate, the additional office first herein provided for shall be deemed to be created and vacant, and whenever the United States census shall show that any county has five hundred thousand inhabitants the additional office next herein provided for shall be deemed to be created and vacant, which vacancy or vacancies shall be filled by appointment of the Governor and the person so appointed shall hold office until his successor is elected and qualified. At the next general election a successor to such officer shall be elected who shall hold office until his successor shall be elected at the next alternate biennial election provided for in section fourteen of article seven of the constitution, and shall have qualified.

Salaries of Probate Judges.

SEC. 3. The judges now elected, or to be hereafter elected, Salaries. shall each receive an annual salary, to be paid monthly out of any money in the county treasury of their respective counties, which shall neither be increased nor diminished during the term for which they shall have been elected, except as changed by the increase or diminution of population of their respective counties. The amount of such salary to be paid How based. to the judge of probate of the several counties shall be based upon and determined by the population of their respective counties as shown by the last preceding federal census, and such salary shall be in full compensation for all services performed by them as such judges, except as is or may otherwise be provided by law.

Scale of salaries.

Proviso, minimum salary. Proviso, additional salary.

Further proviso,

clerk hire.

Report

of salary to treasurer.

SEC. 4. Said salary shall be, for counties having a population of two hundred fifty thousand and upwards, six thousand dollars; for counties having a population of one hundred fifty thousand and less than two hundred fifty thousand, three thousand dollars; for counties having a population of one hundred thousand and less than one hundred fifty thousand, two thousand nine hundred dollars; for counties having a population of seventy thousand and less than one hundred thousand, twenty-eight hundred dollars; for counties having a population of less than seventy thousand and not less than sixty thousand, twenty-six hundred dollars; for counties having less than sixty thousand and not less than fifty-five thousand, twenty-five hundred dollars; for counties having less than fifty-five thousand and not less than fifty thousand, twenty-two hundred dollars; for counties having less than fifty thousand and not less than forty-five thousand, twentyone hundred dollars; for counties having less than forty-five thousand and not less than forty thousand, two thousand dollars; for counties having less than forty thousand and not less than thirty-five thousand, seventeen hundred fifty dollars; for counties having less than thirty-five thousand and not less than thirty thousand, fifteen hundred dollars; for counties having less than thirty thousand and not less than twenty-five thousand, fourteen hundred dollars; for counties having less than twenty-five thousand and not less than twenty thousand, thirteen hundred dollars; for counties having less than twenty thousand and not less than fifteen thou sand, twelve hundred dollars; for counties having less than fifteen thousand and not less than ten thousand, nine hundred dollars; for counties having less than ten thousand and not less than seven thousand five hundred, seven hundred fifty dollars; for counties having less than seven thousand five hundred and not less than five thousand, six hundred dollars; for counties having less than five thousand, ten cents for each inhabitant of such county: Provided, That such salary in any county of the class last mentioned shall not be less than three hundred dollars: Provided, however, That the board of supervisors of the several counties of this State may, by a majority vote of all the members elect, give such additional salary to the judge of probate of their respective counties as they deem just: And Provided further, That the board of supervisors of each county may, in their discretion, allow a sufficient amount to pay clerk hire, when such clerk is actually necessary and employed. All local and special acts and provisions relating to the salary and compensation of probate judges are hereby repealed.

SEC. 5. The county clerk of each county shall report the amount of the salary allowed the judge of probate of his county, in pursuance of the preceding section, to the county treasurer, who shall pay the same to said judge as hereinbefore provided.

stationery,

SEC. 6. Each county shall provide all books, printed blanks Books, and other stationery necessary for keeping the records in the blanks, office of the judge of probate, and all furniture, equipment etc. and supplies necessary for equipping and maintaining said office.

of record.

Seals.

of seal.

SEC. 7. Every probate court shall be a court of record and Court have a seal. The seals of the several probate courts now used by them respectively, shall continue to be the seals of such courts until others shall be provided according to law. SEC. 8. In case the probate court of any county shall have Procurement no proper seal, the judge shall, at the expense of his county, cause a seal to be made for his office, with such device as he shall think proper, and with the words "probate seal," and the name of the county inscribed thereon, and shall deliver a description thereof to the Secretary of State, to be deposited and recorded in his office.

SEC. 9. There shall be a probate court held in each county Terms at the seat of justice, on the first Monday of each month, and of court. on such other days as the judge of probate shall appoint, and

in case any matter shall not be heard at the time appointed

for hearing same, said matter shall stand continued until the Continuance. next stated term of said court, unless the court shall otherwise order; and the court may adjourn such hearing in absence of the petitioner, or otherwise, in his discretion: Pro- Proviso, open vided, however, Said court shall be deemed open at all times at all times. for the transaction of any ordinary business which may be necessary therein, when previous notice is not required to be given to the person interested: Provided further, In case an Further executor, administrator, guardian or trustee shall be appoint- case of ed at any such hearing, such appointee shall have twenty days executor, etc. thereafter, or such other and further time as the court may order, in which to qualify; and unless otherwise ordered, said matter shall stand continued until the next stated term of said court, after the lapse of such period, and in case of failure to qualify, such other appointment shall thereupon be made as the court may order.

proviso,

SEC. 10. The judge of probate shall have possession of the Possession seal, records, books, files and papers belonging to said court, of seal, and shall keep a true and correct record of each order, sentence and decree of the court, and of all other official acts made or done by him, and of all wills proved therein with the probate thereof, of all letters testamentary, and of administration, and of all other things proper to be recorded in said court. Such records may be inspected without charge by all persons interested.

Holding Court by Other Judges.

SEC. 11. If a judge of probate shall remove out of his Absence, etc., county, or shall be temporarily absent therefrom, or shall die, of probate judge. resign, or shall be necessarily occupied in the performance of other duties required of him by law, or otherwise become incapacitated for executing the duties of his office, the judge

« PreviousContinue »