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Sections amended.

Chief probation officer, etc.

Compensation.

Proviso, number.

Further proviso.

[No. 143.]

AN ACT to amend sections seven, ten, eleven and fifteen of act number one hundred five of the Public Acts of nineteen hundred thirteen, entitled "An act to provide a uniform system of probation throughout the state of Michigan; the appointment of probation officers and to prescribe the powers, duties and compensation of such officers; to provide a penalty for the violation of his duties; and to repeal act number ninety-one of the Public Acts of nineteen hundred three, as amended," being sections two thousand thirtyfive, two thousand thirty-eight, two thousand thirty-nine and two thousand forty-three of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Sections seven, ten, eleven and fifteen of act number one hundred five of the Public Acts of nineteen hundred thirteen, entitled "An act to provide a uniform system of probation throughout the State of Michigan; the appointment of probation officers and to prescribe the powers, duties and compensation of such officers; to provide a penalty for the violation of his duties; and to repeal act number ninetyone of the Public Acts of nineteen hundred three, as amended," being sections two thousand thirty-five, two thousand thirtyeight, two thousand thirty-nine and two thousand forty-three of the Compiled Laws of nineteen hundred fifteen, are hereby amended to read as follows:

SEC. 7. The circuit court of each of the several judicial circuits throughout the state of Michigan may recommend a chief probation officer, may also recommend assistant probation officers who shall be appointed by the Governor, each of whom shall act as such probation officer in the judicial circuit in which he shall have been appointed, and who shall receive such compensation as the boards of supervisors of the several counties shall provide. In cities having a municipal court, superior court, recorder's court or police court, the judge or judges of said courts may recommend a chief probation officer and may also recommend assistant probation officers each of whom shall be appointed by the Governor and shall act as such probation officer within the limits of the territorial jurisdiction of such courts, and who shall receive such compensation as the boards of supervisors of the several counties or the common councils of the several cities may provide: Provided, That the number of probation officers appointed for any city or county shall in no event exceed one for every fifty thousand inhabitants or less of said city or county: Provided further, That in cities where there are two or more courts each having different jurisdictions the judge of each such court shall recommend the probation officer or officers for

his own court, and where there are two or more judges of any such court, they shall jointly recommend the probation officer or officers for their own court: Provided further, Further That when a judicial circuit shall consist of more than one proviso. county, the court may recommend at least one assistant probation officer for each county which officer shall be appointed by the Governor.

SEC. 10. The Governor shall have the power to remove Removal.. such officer or officers for incompetency, misconduct or failure to carry out the orders of the court, or neglect of any duty imposed by the court. Such removal may be made upon the certification of the circuit judge of the county where such probation officer resides, which certificate shall set forth that a full hearing has been had before said circuit judge and as a result thereof the court has determined that such probation officer is incompetent or has been guilty of misconduct, neglect of duty or refusal to carry out the order of the court.

deputy, etc.,

SEC. 11. Probation officers in counties having a population May be of more than fifty thousand shall not be members of a regu- sheriùs. lar police force, but may be deputy sheriffs or constables.

etc.

SEC. 15. Any probation officer may act as parole officer May act as for any penal or reformatory institution in this state when parole officer, so requested by the authorities thereof, or may act as county agent when regularly appointed as such, and may act as probation officer for the several probate courts of the state in juvenile cases when so appointed, and may act as "Friend of the Court," as defined in act number four hundred twelve of the Public Acts of nineteen hundred nineteen, when so appointed, and any compensation paid for such services shall be deducted from the salary of said probation officer. Approved May 10, 1921.

[No. 144.]

AN ACT to provide a primary election system for the nomination of village officers.

The People of the State of Michigan enact:

SECTION 1. The village council of any village in the state, Referendum, upon petition of ten per centum of the qualified voters thereof, purpose. shall submit the question as to whether said village shall come under the provisions of this act and if adopted by a majority vote of the qualified voters participating in said election then this act shall be in force and effect and the nomination of all candidates of all political parties or organizations for village. offices shall be conducted as herein provided.

Caucus, laws applicable.

Proviso.

Separate

Nominating petition.

SEC. 2. The caucus for such nomination shall be open from two o'clock p. m. to eight o'clock p. m. on the day designated therefor. All votes cast at such caucus shall be by ballot, and all laws applicable to the furnishing of ballots and the depositing, counting, and canvassing of the same, provided by general law for the election of such village officers are hereby made applicable for such caucus: Provided, That the village council may direct that the polls of said caucus be held open from eight o'clock a. m. until eight o'clock p. m. on the day designated therefor.

SEC. 3. There shall be separate ballots for the nomination party ballots. of candidates for each political party or organization in such village. In order to secure the placing of his or her name upon any ballot it shall be necessary for such candidate to file with the village clerk, not less than ten days before the date designated for the holding of such caucus, a petition signed by not less than one nor more than four per centum of the electors of such village as shown by the registration books thereof, asking that his or her name be placed upon such ballot and designating the office and the political party or organization upon whose ballot he or she desires to have such name so placed.

Nominee,

who declared.

Return to old system.

Proviso, petition for.

SEC. 4. The candidates receiving the highest number of votes on each political party ballot, for the office designated, shall be declared the nominees for such offices of such party at the ensuing annual village election.

SEC. 5. Any village adopting the provisions of this act may at any time thereafter return to the system of nominating candidates for office as provided under the general election laws of the state by following the same procedure as provided in this act for adopting the provisions thereof: Provided, That such action to return to the system of nominating candidates under the general election law shall be made only upon a petition signed by ten per centum of the qualified electors of such village.

Approved May 10, 1921.

[No. 145.]

AN ACT to amend section six of chapter fifteen of the Revised Statutes of eighteen hundred forty-six, entitled "Of resignations, vacancies and removals, and of supplying vacancies," being compilers' section two hundred fortyfive of the Compiled Laws of nineteen hundred fifteen, as amended by act number thirty-eight of the Public Acts of nineteen hundred nineteen.

The People of the State of Michigan enact:

amended.

officers,

SECTION 1. Section six of chapter fifteen of the Revised Section Statutes of eighteen hundred forty-six, entitled "Of resignations, vacancies and removals, and of supplying vacancies," as amended, being compilers' section two hundred forty-five of the Compiled Laws of nineteen hundred fifteen, relative to removal from office, is hereby amended to read as follows: SEC. 6. The Governor may remove all county officers chosen County by the electors of any county or appointed by him; and shall governor may also remove all justices of the peace and township officers remove. chosen by the electors of any township; or city or village officers chosen by the electors of any city or village, or any ward or voting district thereof, when he shall be satisfied from sufficient evidence submitted to him as hereinafter provided, that such officer is incompetent to execute properly the duties of his office, or has been guilty of official misconduct, or of wilful neglect of duty, or of extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it shall appear by a certified copy of the judgment of a court of record of this state that such officer after his election or appointment shall have been convicted of a felony; but the Governor shall take no action upon any such charges made to him against any such officer until the same shall have been exhibited to him in writing, verified by the affidavit of the party making them, that he believes the charges to be true. But no such officer shall be removed for such miscon- Charges exduct or neglect unless charges thereof shall have been exhibited to the Governor as above provided and a copy of the same served on such officer and an opportunity given him of being heard in his defense: Provided, That the service of Proviso, such charges upon the person or persons complained against shall be made by handing to such person or persons a copy of such charges, together with all affidavits or exhibits which may be attached to the original petition if such person or persons can be found; and if not, by leaving a copy at the last place of residence of such person or persons, with some person of suitable age, if such person can be found; and if not, by posting it in some conspicuous place upon his last Ineligibility, known place of residence. No officer who has been removed period of.

hibited.

service.

in accordance with the provisions of this section shall be eligible to election or appointment to the same office for a period of three years.

Approved May 10, 1921.

Section amended.

"Friend of the court", who to appoint, etc.

Proviso.

Further proviso.

[No. 146.]

AN ACT to amend section one and to repeal section five of act number four hundred twelve of the Public Acts of nineteen hundred nineteen, entitled "An act for the protection of dependent minor children and to compel enforcement of chancery decrees where there are minor children in divorce cases, who are liable to become public charges and are not properly cared for by their custodians and to enforce the payment of amounts decreed them in court of chancery."

The People of the State of Michigan enact:

SECTION 1. Section one of act number four hundred twelve of the Public Acts of nineteen hundred nineteen, entitled "An act for the protection of dependent minor children and to compel enforcement of chancery decrees where there are minor children in divorce cases, who are liable to become public charges and are not properly cared for by their custodians and to enforce the payment of amounts decreed them in court of chancery," approved May thirteen, nineteen hundred nineteen, is hereby amended to read as follows:

SEC. 1. It shall be the duty of the prosecuting attorney, by and with the advice and consent of the circuit judges in each of their respective counties in the state of Michigan, to appoint a duly qualified and licensed attorney as a "Friend of the Court" for the purpose of enforcing payment of all delinquent payments duly ordered and decreed by said circuit courts for the support, maintenance and education of dependent minor children, where parents have been divorced, where said dependent minor children for any reason are not receiving proper care, maintenance and education and are liable to become a public charge and are not properly cared for by their custodian: Provided, That such "Friend of the Court" need not be a duly qualified and licensed attorney, but may be any person competent for such work, and may be the same person who is probation officer or assistant probation officer in such counties: And Provided further, That if such "Friend of the Court" is not a duly qualified and li censed attorney, the circuit judge of such county may ap point any duly qualified and licensed attorney to assist such "Friend of the Court" when such circuit judge shall deem legal assistance necessary, and such attorney so appointed shall be paid such sum or sums as the circuit judge shall fix

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