Judges, qualifications and nomination

of.

[No. 369.]

AN ACT to supplement existing laws providing for the establishment and maintenance of municipal courts of record and defining the jurisdiction of such courts; to fix the number of judges thereof; to provide a presiding judge; to define the privileges of such presiding judge; to modify the procedure in and extend the jurisdiction of said courts in certain respects, and to provide for the abolishing of any police courts or other courts not of record having exclusive criminal jurisdiction existing in any city in which the provisions of this act become operative.

The People of the State of Michigan enact:

SECTION 1. Subject to the provisions hereof any municipal court of record now existing in any city of the State shall continue in accordance with the laws pertaining thereto. The number of judges in any such court shall be determined on the basis of one judge for each seventy thousand population or majority fraction thereof according to the federal census of nineteen hundred ten. No person shall be eligible to the office of judge of any such court who does not possess the qualifications now prescribed by law for holding such office. Candidates for election for the office of judge of such court shall be nominated and elected in the manner now provided Proviso, pres- by law therefor: Provided, That nothing in this act shall be construed to affect the tenure of any judge, clerk, deputy or assistant clerk in said court holding office at the time that this act becomes operative in such municipality.

ent office holders.

Presiding judge, how chosen, etc.

Presiding judge pro tempore.

SEC. 2. In any such court of record having more than two judges, one of such judges shall be presiding judge. Such presiding judge shall be chosen by the members of the court at such time and for such term as the members of said court shall determine. No member of the court who has served as presiding judge thereof shall be again eligible to said office until each of the other members have likewise served in that capacity. The presiding judge shall exercise all the powers and privileges possessed by other members of the court and in addition thereto shall be charged with the general supervision and superintendence of the work of the court. He shall preside at all meetings of the judges and shall assign the members of the court to the different divisions thereof and to particular kinds of work in such divisions in accordance with the rules and regulations of the court. It shall be the duty of each member of the court to perform all such duties as may be thus assigned, and neglect or refusal so to do shall be deemed to be misconduct in office. At the time of the selection of the presiding judge, a presiding judge pro tempore

shall also be designated who shall act in case of the disability

of the presiding judge.

of work.

SEC. 3. In order to facilitate the work of the court the Classification business thereof shall be classified; and the members of the court or a majority thereof may establish and maintain specialized branches or divisions thereof, as may be deemed expedient and proper. Insofar as possible. [,] the business of the court shall be so arranged that minors shall be kept separate and apart from other offenders. The court shall also Psychopathic department. have power to make provision for a psychopathic department of the court and have medical and psychopathic investigations and examinations and treatment of persons coming before said court: Provided, however, That no money shall be Proviso, exexpended for such purpose in excess of the sums that may be appropriated therefor by the legislative body of the city in which the court is situated.

penditures.

clerk, etc.

SEC. 4. The court, or a majority of the judges thereof Clerk, deputy shall have authority to appoint, subject to the provisions hereof, a clerk and deputy clerk, and such other clerical and stenographic assistants as may be necessary and to fix the compensation thereof. The total amount so expended shall not, however, exceed the sums appropriated therefor by the legislative body of the city. All clerks, deputies, assistants or other employes appointed by the court shall hold office at the pleasure thereof, except as herein expressly provided.

Duty of

members, etc.

SEC. 5. Sessions of the said court shall be held each secu- Hours of lar day from nine-thirty a. m. to twelve-thirty p. m., and from court. two to four p. m., and at such other hours as may be fixed by the court. It shall be the duty of members of the court to be in attendance thereat unless excused for cause by the presiding judge; and persistent or repeated absence therefrom without such permission shall be deemed to constitute malfeasance in office. No judge of said court shall engage in private practice; nor shall he be in any way connected with any attorney or firm of attorneys engaged in such practice. SEC. 6. Any judge or the chief clerk or deputy clerk of any Cash bail. such court may allow cash bail in cases in which such court has jurisdiction wherein a bond is required to be given by any person. It shall be lawful for the parties from whom any such bond is required, in lieu thereof, to deposit with the clerk of the court, cash, or a certified clerk on.any national or state bank of this country payable to the order of the clerk of the court, or the bonds of any municipality in the United States or securities issued by any state or by the United States government, which bonds or securities are negotiable by delivery. Such money or securities shall be taken and accepted by the said judge, or clerk, and shall be deposited with the chief clerk, who shall give the person so depositing a receipt setting forth the amount of money or the character of the securities and the purpose for which the deposit is made. The clerk shall within forty-eight hours deposit such

cash or other security with the county treasurer and said treasurer shall hold the same in special fund or in a special place of deposit subject to the further order of the court or the judge accepting such security. Any such security so accepted shall be forfeited or discharged in the same manner discharge, etc. as bonds are forfeited or discharged. In case of discharge,

How forfeited.

In case of

an order to that effect shall be entered on the records of the court together with a statement of the amount to be returned to the person, or that the securities deposited by him are to be returned. Upon presentation to him of a copy of such order certified by the clerk of the court, the county treasurer shall pay to the person named in such order or to the order of such person, the amount specified, or shall turn over the securities deposited as the case may be. In case of forfeiture, an order to that effect shall be entered in the records of the court and on presentation to him of a copy of such order duly certified by the chief clerk of such court the said treasurer shall deal with said cash deposit or security in the same manner as the proceeds of a forfeited bond in said court are or may be required by law to be dealt with. In case such cash or security is still in the hands of said clerk at the time the same is declared discharged or forfeited by the court, the clerk shall make the same disposition of such security as the county treasurer would be required to make in similar circumstances. Garnishment. Money or securities deposited hereunder shall not be subject. to garnishment.

Referendum on question, how submitted, etc.

Recount.

Additional judges, how appointed, etc.

SEC. 7. This act other than this section shall not become operative in any municipality of the State unless and until it is submitted to a vote of the qualified electors thereof and ratified by a majority of the electors voting thereon. The legislative body of any city now having a municipal court of record may by a majority vote thereof submit to the qualified electors the question of adopting the provisions of this act or said questions may be submitted by initiatory petition in the same manner and with like effect as is or may be provided by law for the proposal and submission of amendments to the charter of any such city. All proceedings with reference to the submission of the question shall conform as nearly as may be to the requirements of the State law governing the submission of charter amendments; and the votes cast on the question shall be counted, canvassed and returned and the result declared in the same manner. A recount of the votes so cast may also be had in the same manner as is or may be provided for a recount of the ballots cast on proposed charter amendments.

SEC. 8. If in any city wherein the provisions of this act may be adopted, as provided in the preceding sections, the number of judges of the municipal court of record now existing in such city is less than the number of judges hereby contemplated, such additional number of judges shall be appointed by the Governor. Each judge so appointed shall

assume office immediately following his appointment and shall hold the same until the next general election. Successors to the judges so appointed by the Governor shall be elected at such general election and shall hold office until January first, nineteen hundred twenty-four. At the April election next preceding the expiration of the term of office of such additional judges, their successors shall be elected in the same manner as is, or may be, provided for by law for the election of judges of said court.

of existing

SEC. 9. Nothing in this act shall diminish the powers, Powers, etc., duties or jurisdiction of any municipal court of record now courts. existing, or of the members of said court, nor as altering the practice or procedure thereof except as herein otherwise provided, it being the intention that said court shall continue the same except as to the changes herein named.

Abolishment

courts, etc.

Transfer of

undetermined proceedings,

etc.

SEC. 10. Any police court or other court of exclusive criminal jurisdiction and not of record existing in any city by of police virtue of any local or special acts shall immediately after this act becomes operative in any such city by virtue of the action of its legislative body, as herein provided, be abolished and discontinued, and all the powers, duties and jurisdiction thereof, including the holding of examinations and trials and the taking of bail, shall be exercised and performed by such municipal court of record under the provisions of this act. SEC. 11. All cases, matters and proceedings pending and undetermined in any such police court or other court of exclusive criminal jurisdiction, not of record, and which is so abolished and discontinued, shall, upon the abolishment of such court as herein provided, stand transferred to the municipal court of record now existing in such city, and to which the provisions of this act apply, and shall therein be heard, tried and determined, or otherwise lawfully disposed of as though originally commenced in such municipal court of record, and as near as may be according to the law and practice thereof; all records, books, files, bonds, recognizances, and other papers belonging to said court in the office of the clerk, shall be by such clerk promptly delivered to the clerk of such municipal court of record and shall be kept and filed in the office of such court, or where they shall have the same force and effect and be used for the same purpose as though originally filed in said office.

SEC. 12. The procedure in all cases where motion is made for a new trial shall be the same as is provided for under the general laws of this State for circuit court. In cases cognizable by justices of the peace, motion for new trial must be filed within fifteen days from rendition of judgment. Such motion shall be heard by the presiding judge or shall be assigned to some justice other than the one who sat in the trial of such action and shall be determined within ten days after said motion is filed: Provided, That in any case wherein the conviction shall have been had on the trial before the

Procedure in case of motrial.

tion for new

Proviso, trial without jury.

Salary of judges.

court without a jury, the respondent shall be entitled to have such motion allowed as a matter of right on the filing of a bond in such amount and in such form as may be fixed and approved by the court. Upon the approval of such bond, execution of sentence shall be stayed.

SEC. 13. Each judge of said court, including the presiding judge, shall receive an annual salary from the county in which said court is located in the same amount as that paid by the State to circuit judges, and in the same manner as salaries are paid to county officers, and such additional salary as shall be fixed by the common council or other legislative body of the city in which said court shall exist, which salary shall be paid semi-monthly by the treasurer of the city in the same manner as the salaries of city officials in said city are paid. Approved May 13, 1919.

Section amended.

[No. 370.]

AN ACT to amend section one of act number two hundred fourteen of the Public Acts of eighteen hundred ninetynine, entitled "An act to provide relief outside of the Soldiers' home for honorably discharged indigent soldiers, sailors and marines, and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors and marines and to repeal act number one hundred ninetythree of the Public Acts of eighteen hundred eighty-nine, as amended by act number two of the Public Acts of eighteen hundred ninety-three, and act number two hundred fifty-three of the Public Acts of eighteen hundred ninetyfive," being section one thousand six hundred ninety-two of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section one of act number two hundred fourteen of the Public Acts of eighteen hundred ninety-nine, entitled "An act to provide relief outside of the Soldiers' home for honorably discharged indigent soldiers, sailors and marines, and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors and marines and to repeal act number one hundred ninety-three of the Public Acts of eighteen hundred eighty-nine, as amended by act number two of the Public Acts of eighteen hundred ninetythree, and act number two hundred fifty-three of the Public Acts of eighteen hundred ninety-five," being section one thousand six hundred ninety-two of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: