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clause.

SEC. 4. All acts and parts of acts contravening the pro- Repealing visions of this act are hereby repealed. Approved May 26, 1909.

[No. 134.]

AN ACT to amend section six of act number one hundred eighty-four of the public acts of nineteen hundred five, entitled "An act to provide for the indeterminate sentence as a punishment for crime, upon the conviction thereof, and for the detention and release of persons in prison or detained on such sentence, and for the expense attending the same," approved June seven, nineteen hundred five, and to add three new sections to said act to stand as sections eighteen, nineteen and twenty.

The People of the State of Michigan enact:

sections

SECTION 1. Section six of act number one hundred eighty- Section four of the public acts of nineteen hundred five, entitled "An amended, act to provide for the indeterminate sentence as a punish- added. ment for crime, upon the conviction thereof, and for the detention and release of persons in prison or detained on such sentence, and for the expense attending the same," is hereby amended and three new sections are hereby added to said act to be known as sections eighteen, nineteen and twenty, said amended and added sections to read as follows:

where made.

SEC. 6. Application shall be made to the Governor or to Applications, the Advisory Board in the Matter of Pardons upon uniform blanks prescribed by the Governor and the Advisory Board in the Matter of Pardons acting jointly and supplied by the secretary of the Advisory Board in the Matter of Pardons to the wardens or superintendents of the penal institutions named in section one of this act. It shall be the duty of Duty of warden. the warden or superintendent, when requested by a prisoner whose minimum term of imprisonment has expired and is eligible to a parole, to furnish such prisoner with a blank application for parole. The application shall be filled out Application, and delivered to the warden or superintendent who shall im- overd mediately forward the same to the Governor or to the Advisory Board in the Matter of Pardons, with his recommendation endorsed thereon. Upon receipt of such application Investigation. and recommendation, the Governor or the Advisory Board in the Matter of Pardons shall make such investigation in the matter as they may deem advisable and necessary and may, in their discretion, grant such application and issue a parole or permit to such applicant to go at large without the en

delivered.

Convict

entitled to good time.

Proviso, residence of paroled convict.

Clothing and transportation.

Duty of warden.

Issuance of

clerk of board.

closure of the prison. The convict so paroled, while at large by virtue of such parole, shall be deemed to be still serving the sentence imposed upon him, and shall be entitled to good time the same as if confined in prison: Provided, That whenever the convict so paroled shall have been committed to or confined in any such prison or reformatory from a county other than the county in which the prison or reformatory in which he has been last confined is situated, it shall be made a condition of his parole that he shall not live or remain in the county in which the prison or reformatory in which he was last confined is situated, without the express consent of the officer or board granting such parole, which consent may be granted or revoked by such officer or board, for cause shown at any time before such convict is finally discharged.

SEC. 18. Whenever any prisoner is released upon parole he shall receive from the State, clothing not exceeding ten dollars in cost and a non-transferable ticket at his own expense to the county where his first friend resides. The warden may, in his discretion, at the risk of the State, advance to any paroled prisoner the cost of a ticket as above provided and expenses not to exceed two dollars, and failure on the part of the paroled prisoner to return the money so advanced within sixty days may be declared a violation of parole warranting the return of the violator to prison.

SEC. 19. Whenever the parole of any prisoner shall be parole, duty of ordered by the Advisory Board in the Matter of Pardons or the Governor, the clerk of the said board shall at once notify the sheriff of the county or the chief of police of the city to which he is paroled, of the issuance of such parole, naming the county where convicted, the crime for which convicted, the name and address of first friend and the length of time which said prisoner shall be required to report before receiving final discharge.

First friend, compensation,

etc.

SEC. 20. Any sheriff, chief of police or truant officer shall, upon request of the Governor or the Advisory Board in the Matter of Pardons act as first friend and advisor for paroled prisoners while on parole from any prison or reformatory in the State, and shall, upon the approval of the secretary of the Advisory Board in the Matter of Pardons, be paid from the general fund of the State not otherwise appropriated, one dollar per month for each paroled prisoner for such services. Whenever the term of office of any such officer acting as first friend shall expire while any such parole is in force, the duties of such first friend shall be assumed by the successor in office of such officer.

This act is ordered to take immediate effect.
Approved May 26, 1909.

[No. 135.]

AN ACT authorizing the appointment of certain officers for the supreme court.

The People of the State of Michigan enact:

SECTION 1. The supreme court may appoint a crier for Crier, how said court, who shall hold his office during the pleasure of salary, duty. appointed, the court. The said crier so appointed shall receive a salary of twelve hundred dollars per annum. He shall have sole charge of the supreme court room and of the rooms assigned to the justices of the supreme court in the capitol, and shall perform such other duties as shall from time to time be required by the said court. The said crier may with the con- Assistant sent of the court appoint an assistant crier, who shall re- etc. ceive a salary of ten hundred dollars per annum, and shall perform such duties as shall be prescribed by the court.

crier, salary,

orders,

SEC. 2. The person so appointed crier shall, upon filing When crier with the clerk of said court such bond as is required by law may serve to be given by sheriffs, to be approved by the chief justice of writs, etc. said court, have power to serve all orders, processes or writs issued from said court, and shall collect for such service the fees allowed by law to sheriffs. Any and all fees collected Fees, where by the crier shall be paid into the State treasury to be accredited to the general fund.

how paid.

SEC. 3. The salary of the crier and of the assistant crier Salaries, shall be paid by the State Treasurer monthly out of any money in the general fund in the State treasury not otherwise appropriated in the manner now provided for the payment of salaries of other State officers. The Auditor General Tax levy. shall incorporate in the State tax for the year nineteen hundred nine and every year thereafter a sufficient amount to reimburse the general fund in the State treasury for the amounts appropriated by this act.

This act is ordered to take immediate effect.
Approved May 26, 1909.

Additional judge.

When deemed vacant.

Term.

Laws, etc., applicable.

Powers and duties.

Apportionment of business.

[No. 136.]

AN ACT to provide one additional judge in the judicial circuit in which the county of Ingham is, or may be situated, being now the thirtieth judicial circuit.

The People of the State of Michigan enact:

SECTION 1. There shall be one additional judge in the judicial circuit in which the county of Ingham is, or may be situated, the same now being the thirtieth judicial circuit.

SEC. 2. The additional office of circuit judge, created by this act, shall be deemed vacant from and after the day when this act shall take effect, and such vacancy shall be filled by appointment of the Governor. The judge so appointed shall qualify and enter upon the discharge of his duties within ten days after his appointment, and continue until his successor shall be elected and qualified.

SEC. 3. All laws and rules of court relative to circuit courts, and the terms thereof, and the powers and duties of circuit judges shall apply to such judge and to the court held by him.

SEC. 4. The two judges of such circuit shall have equal and co-ordinate powers and duties, except as otherwise herein provided, and one of them shall constitute a quorum for the transaction of business. The judge holding office at the time when the judge appointed to fill the vacancy declared by this act enters upon the duties of his office, shall assign and apportion from time to time, by order entered on the journal of the court, the business of said court between the said judges for the balance of the year. The other judge shall assign and apportion the business of the court between them for the next year, and thereafter the two judges and their successors, shall alternate in assigning and apportioning the business of the court. They may sit separately or together, in the hearing or trial of causes, or on all questions coming before them, and either may reserve for the consideration of both any question of law arising upon the trial or hearing, or that may Findings, etc., otherwise be submitted. When sitting together, the findings, orders, rulings, decisions, judgments or decrees shall be made by the judge to whom the cause was assigned, and the other shall be advisory only.

Sittings.

by whom made.

Hearing, etc.

SEC. 5. Each judge shall proceed to hear, try and dispose of the business so assigned to him, with the same force and effect as if he was the only judge of said court, subject to and with the power and authority conferred by all the rules of practice, and of law applicable to circuit courts having only one judge; and thereupon said judge may proceed with the trial or hearing or other business so assigned to him, in the principal court-room, or in a separate court-room, at

tended by the clerk or one of his deputies, and by the sheriff or one or more of his deputies, by a stenographer and by jurymen, not engaged in the trial of other causes, if it be a cause to be tried by jury, and such judge, while so sitting for the transaction of business, shall have all the powers of any circuit judge, sitting in any circuit court in this State, and the proceedings shall be recorded as proceedings of the circuit court had in open court and at a session of said circuit court. If a sufficient number of jurors shall not be in Talesmen. attendance upon the court who are not engaged in the trial of other causes, said judge may direct talesmen to be summoned in the manner provided by law. The said judges may make rules from time to time in relation to the making up of the trial docket, and as to the disposition of the business of the court not inconsistent with the general laws of the State.

SEC. 6. In the absence, illness, or inability from other In case of cause of either judge to do any business assigned to him, the absence, etc. same shall be done by the other except as otherwise provided.

record of

SEC. 7. A record of the proceedings before the judges To keep shall be kept on the journal of the court, each entry showing proceedings. before what judge the proceedings were had. Each judge shall sign the record of all the proceedings before him and each judge shall sign all orders and decrees made by him.

etc.

SEC. 8. All cases made, motions for new trial, bills of ex- Cases, etc., how heard, ceptions and settlement of cases for review in law and chancery shall be heard, settled and certified by the judge before whom the trial or hearing was had except as provided in section six. No order shall be stayed, nor shall any stay of proceedings or injunction be had or set aside, modified or dissolved, except by the judge trying the case or making the order or granting the injunction, excepting that in case of the absence from the county, sickness or other cause disabling such judge from acting, the other judge shall have power to stay, modify, set aside or dissolve such order or injunc tion. Neither judge shall grant an application which shall have been denied by the other.

courtroom,

SEC. 9. Such additional court-room and facilities shall be Additional provided by the board of supervisors of Ingham county for etc. courts held at the city of Mason, and by the common council of the city of Lansing for courts held at such city, on the passage of this act, as shall be requisite for the prompt and decent dispatch of business.

stenographers.

SEC. 10. The circuit judge, or either of them, may author- Assistant ize the stenographer in said circuit to employ one or more temporary assistant stenographers, and in such case the judge so authorizing such employment shall fix the compensation to be paid for such services, and shall from time to time audit and allow the account of such assistant, but in no Compensation, instance shall the compensation exceed five dollars per day, and thereupon the county clerk shall draw an order on the

limit of.

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