Page images
PDF
EPUB

hold

SEC. 12. Any coroner shall have power to hold inquests Coroner may anywhere within the county for which he shall be elected, inquest. and all provisions of law relating to the holding of inquests and the disinterment of dead bodies for the purpose of holding inquests thereon by justices of the peace, are hereby made applicable to inquests so held by coroners; and all powers by the general laws of this state conferred upon justices of the peace relative to such inquests are hereby conferred upon such coroners. All powers conferred upon peace officers by the general laws of this state are hereby conferred upon such

coroners.

surgeon, etc.

SEC. 13. Any coroner or justice of the peace holding such May employ inquest, shall have power to summon the attendance of a competent surgeon, whenever he shall deem such attendance necessary, and a chemist may be employed in cases affording reasonable ground of suspicion that death has been produced by poison. Any chemist or surgeon so employed shall, upon the certificate of the coroner acting in the case, receive such compensation for his or their services as shall be allowed by the county auditors of counties having a board of auditors or the supervisors of other counties, as is otherwise provided by law.

justice not

SEC. 14. It shall not be competent for justices of the peace, When within the incorporated cities of this state in which a county to hold coroner resides, to hold inquests on the view of dead bodies inquest. unless both of the coroners of the county in which they are situate shall be absent, or incapacitated to act from illness or otherwise; but such inquests, within said city, shall be held by one of the coroners elected for the county in which such cities are severally situate, whenever in the judgment of such coroner, an inquest shall be necessary and that the coroners' juries shall consist of six persons only.

complain

SEC. 15. Whenever complaint in writing and upon oath To examine shall be made to any justice of the peace that any person has ant. died and that such person was buried in the county where such justice resides, and specifying in what township or city said person was buried, and containing a further statement that the complainant knows or has good reason to believe that the said deceased person came to his or her death by means of poison or violence, or in consequence of any criminal act committed by any person known or unknown, it shall be the duty of such justice to examine the complainant and such witnesses as may be produced by him on oath and reduce the same to writing and if such justice shall be satisfied from such examination that there is just cause to believe that the deceased person named or described in such complaint came to his or her death by means of poison or violence, or in consequence of any criminal act, and that a post-mortem examination of Postthe body of such deceased person is necessary or will materially aid in the prosecution of any person charged or who may be charged with any criminal act resulting in the death of such deceased person, it shall be the duty of such justice

mortem.

Body

disinterred.

Reinterment.

Money, etc., found upon body.

Deposit of, by clerk.

Sudden deaths without medical

attendance.

of the peace to issue an order under his hand, directed to the sheriff of the county, commanding such sheriff, in the name of the people of the state of Michigan, forthwith to proceed with his undersheriff, or one of his deputies, to the place where such body was buried, and to disinter and remove the body to some suitable and convenient place in the township or city where such body was buried for the purpose of holding an inquest over the same; and said justice shall also proceed at once to summon a jury of inquest in the same manner as is in this act provided and as soon as the sheriff shall have removed such body to a suitable place as above provided, the justice as well as the jury so summoned, shall proceed in the same manner and shall have and exercise the same powers and duties as prescribed in this act.

SEC. 16. As soon as the inquest shall have been completed, as provided for in the preceding section, the sheriff shall at once cause the body of the deceased person to be reinterred in the same place from whence he removed the same.

SEC. 17. Whenever any money or valuable property shall be found upon the body of an unknown deceased person within this state, it shall be the duty of the coroner or justice holding the inquest over said body, or of any person who shall come into possession of said money or valuable property, to deliver all of said money or valuable property so found to the county clerk of the county where said body shall be found or be at the time of death, within ten days after said money or property shall have come into his possession.

SEC. 18. It shall be the duty of said county clerk to deposit the same with the county treasurer, who shall safely keep said money or property for the period of two years from the time of receiving the same, unless the same shall be called for by the heirs or proper representatives of the deceased person, in which case the said money or valuable property shall be delivered to them, but if at the expiration of said two years no demand for the same shall have been made, said county treasurer shall sell the same in such manner and after such notice as is required by law for constable sales, and shall within ten days thereafter pay into the state treasury all the proceeds to be credited to the general fund of the state. SEC. 19. It shall be the duty of any physician and of any person in charge of any hospital or institution, or of any person who shall have first knowledge of the death of any person who shall have died suddenly, accidentally, violently or as the result of any suspicious circumstances or without medical attendance up to and including at least thirty-six hours prior to the hour of death, or in any case of death due to what is commonly known as an abortion, whether selfinduced or otherwise, to immediately notify the coroner of the death. It shall be unlawful for any undertaker, embalmer or other person to remove any body from the place where such death occurred, or to prepare same for burial or shipment,

without first notifying the coroner and receiving permission

to remove the body.

turned over

SEC. 20. All moneys or effects that shall be upon the per- Moneys, etc., son of the deceased at the time of death or prior to the death, to coroner. shall be turned over to the coroner whose duty it shall be to make a record of the sums and a listing of other effects in the property book and retain the same in the coroner's office until the coroner shall be able to deliver such property and effects to the personal representatives of the deceased or dispose of the same as otherwise provided by law.

inquest

SEC. 21. Where, in the discretion of the prosecuting at When torney, an inquest is deemed necessary, the coroner upon the deemed written order of the prosecuting attorney, shall summon six necessary. men all of whom shall be citizens of the United States, residents of the county, and shall administer the oath as provided for by this chapter except that the jurors need not view the body of the deceased.

meanor,

deemed.

SEC. 22. Any persons who shall fail to comply with the Misdeprovisions of this chapter shall be deemed guilty of a mis- what demeanor and upon conviction thereof shall be sentenced to pay a fine not to exceed one hundred dollars or to be imprisoned in the county jail for a period not to exceed ninety days or both.

not repealed.

SEC. 23. Nothing herein contained shall be construed to Provisions repeal any of the provisions of act three hundred forty-five of the public acts of nineteen hundred nineteen, or any acts amendatory or supplementary thereto.

CHAPTER XIV.

Jurisdiction and Procedure of Justices' Courts in
Criminal Cases.

of justices'

SECTION 1. Any justice of the peace shall have power to Jurisdiction hold a court subject to the provisions hereinafter contained, courts. to hear and determine charges for all offenses arising within his county punishable by fine not exceeding one hundred dollars, or punishable by imprisonment in the county jail not exceeding three months, or punishable by both said fine and imprisonment; and any justice of the peace is empowered and authorized to perform all official acts and duties and to exercise jurisdiction in criminal causes in any township or city situate in the county within which the justice of the peace was elected and qualified, with the same rights and powers as though performed and exercised within the city or township in which such justice of the peace was elected and qualified: Provided, That whenever in any criminal case, Proviso. tried before any justice of the peace, the defendant shall be adjudged guilty and punishment by fine or imprisonment shall be imposed in excess of that allowed by law, the judgment shall not for that reason alone be adjudged altogether void nor be wholly reversed and annulled, but the same shall be

Docket entry in criminal cases.

To be public records.

Examination by justice.

Plea.

When issue tried.

Judgment rendered.

When tried.

valid and effectual to the extent of the lawful penalty and shall be reversed and annulled only in respect to the lawful

excess.

SEC. 2. Justices of the peace of townships, police justices of incorporated villages and cities of this state, and other officers exercising the jurisdiction of justices of the peace, shall make a full and complete docket entry of the proceedings in each and every criminal case brought before them in a similar manner as is now required by law in civil cases.

SEC. 3. The dockets containing the entries as provided for in the preceding section of this act, shall be public records and subject to inspection and examination at all times and shall be delivered, together with the civil docket and other books and files, to the successors in office of the respective officers herein named, and when filled shall be filed in the office of the county clerk to be and remain a public record.

SEC. 4. Upon complaint made to any justice of the peace, by any constable or other person that any offense cognizable by a justice of the peace, has been committed within the county, he shall examine the complainant on oath and witnesses produced by him, and shall reduce the complaint to writing and cause the same to be subscribed by the complainant, and if it shall appear that such offense has been committed, the said justice shall issue his warrant reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to arrest the accused and bring him before such justice or some other justice of the same county, to be dealt with according to law; and in the same warrant may require the officer to summon such witnesses as shall be named therein, to appear and give evidence at the trial.

SEC. 5. The charge made against the accused, as stated in the warrant of arrest, shall be distinctly read to him at the time of his arraignment and he shall be required to plead thereto, which plea the court shall enter in its minutes; if the accused refuse to plead, the court shall enter the fact with a plea of not guilty in behalf of such accused in its minutes.

SEC. 6. If the plea of the accused be not guilty, and he waive trial by jury the said court shall proceed to try such issue and to determine the same according to the evidence which may be produced against and in behalf of such accused.

SEC. 7. If the accused shall plead guilty to such charge the court shall thereupon render judgment thereon.

SEC. 8. On the return of the warrant with the accused, if he shall plead not guilty or refuse to plead to the charge in the warrant, the said justice shall proceed to hear, try and determine the cause within ten days after the return of the same, unless the absence of witnesses from the county without the fault or connivance of the party seeking such continuance shall render such continuance necessary, or unless the sickness of witnesses or of the accused shall render a continuance of such cause necessary; in which case it shall and may be competent for the justice to adjourn or continue the same for

such time as may be necessary to secure the ends of justice: Provided, That in case of the absence of witnesses the party Proviso. seeking to obtain a continuance for that cause shall further show to the satisfaction of the court that he has used due diligence to obtain the testimony of such witness. Such showing shall be the same as is required in civil cases.

witnesses.

SEC. 9. Any justice of the peace may issue subpoenas to Subpoena compel the attendance of witnesses and may administer all necessary oaths.

to appear,

SEC. 10. In case any person summoned to appear before Failure any court held by a justice of the peace pursuant to the pro- etc. visions of this chapter, as a juror or witness shall fail to appear, or if any witness appearing shall refuse to be sworn or to testify, he shall be liable to the same penalties and may be proceeded against in the same manner as provided by law in respect to jurors and witnesses in justices' courts in civil proceedings.

SEC. 11. From the time of the return of the warrant until Bail. the time of the trial the accused may give bail with one or more sufficient sureties for his appearance at the time fixed for the trial, or in the event of failure so to do, may be committed to jail for safe keeping by warrant of said justice, or left in custody of the arresting officer.

SEC. 12. After the joining of issue, and before the court Jury. shall proceed to an investigation of the merits of the cause, and the accused shall not have waived his right to a trial by jury, thereupon the court shall direct the sheriff, or any constable of the county, to make a list in writing of the names of eighteen inhabitants of the county, qualified to serve as jurors in the courts of record in this state, from which list the complainant and accused may each strike out six names: Provided, That no such officer shall make out said list if he Proviso. be complainant in said cause or in any wise interested, nor shall the jury consist of less than six persons.

venire.

SEC. 13. In case the complainant or the accused shall To issue neglect to strike out such names, the court shall direct some suitable disinterested person to strike out the names for either or both the parties so neglecting; and upon such names being struck out, the justice shall issue a venire directed to the sheriff, or any constable of the county, requiring him to summon the six persons whose names shall remain upon such list to appear before such court, at the time and place to be named therein, to make a jury for the trial of such offense.

SEC. 14. The officer to whom such venire shall be delivered Summoning of jurors. shall summon such jurors personally, and shall make a list of the persons summoned, which he shall certify and annex to the venire, and return the same with such venire to the court within the time therein specified.

to attend.

SEC. 15. If any of the jurors named in such venire shall Failure fail to attend in pursuance thereof, or if there shall be any legal objection to any that shall appear, the court shall supply the deficiency by directing the sheriff or any constable who

« PreviousContinue »