Canvass, etc. Sinking fund, who to control. "No", shall be counted against the question of levying the tax stated in the resolution of the board of supervisors. All ballots cast at any election on such question, shall be received, counted, canvassed and returned in the manner now governing for the election of county officers. If at any election a majority of the electors voting on such question shall decide in favor of authorizing the board of supervisors to levy the tax in the amount and for the period of years set forth in said resolution, it shall be the duty of the board of supervisors to levy said tax, commencing with the next annual tax roll following said election and continuing for the full period of years as set forth in said resolution. SEC. 5. The sinking fund to be created under the provisions of this act shall be under the control of the board of county sinking fund commissioners provided by act number fortytwo of the public acts of nineteen hundred thirteen, the same being sections two thousand three hundred eighty-six to two thousand three hundred ninety-six of the compiled laws of nineteen hundred fifteen, or provided by act number one hundred sixty-one of the public acts of nineteen hundred twenty-three, subject to the supervision and direction of the board of supervisors. This act is ordered to take immediate effect. Commission created. To elect chairman, etc. [No. 15.] AN ACT creating a commission to inquire into and investigate criminal court procedure in this state and to recommend changes in such procedure, defining the powers and duties of such commission and making an appropriation therefor. State The People of the State of Michigan enact: SECTION 1. A commission is hereby created consisting of seven members, three to be appointed by the speaker of the house of representatives from the present membership of the house, three to be appointed by the president of the senate from the present membership of the senate and one who is not now a member of either branch of the legislature, to be appointed by the governor. Such commission shall be known. as the "Commission of Inquiry Into Criminal Procedure" and hereinafter referred to as the "Commission." SEC. 2. The commission shall organize by electing one of its members chairman and one vice-chairman. A secretary may be chosen either from the members of the commission or may be a person who is not a member. Four members of the commission shall constitute a quorum for the transaction of any business. It may adopt its own rules of procedure and may employ such legal and clerical assistance as it shall deem necessary and fix the compensation therefor. SEC. 3. Meetings of the commission may be called at the Meetings. pleasure of the chairman to be held at such places as he may designate. SEC. 4. The commission shall prepare for presentation to Duty of. the regular session of the legislature in nineteen hundred twenty-seven, a complete codification of the laws pertaining to crime and criminal court procedure and shall also submit at the same time, its findings and recommendations relative to improving present laws dealing with bail and recognizance, selection of juries, revocation of fines, the effect of the workings of the law authorizing the probation of persons charged with crime by the courts of this state and for the co-ordination of all law enforcement agencies. tional SEC. 5. Should a constitutional convention convene in nine- Constituteen hundred twenty-seven, the commission may prepare and amendment. recommend to the constitutional convention, such amendments to the constitution as it may deem advisable. SEC. 6. Each member of said commission who is a member Expenses. of the legislature shall be allowed his actual and necessary traveling or other expenses incurred in the exercise of his duties as a member thereof but shall receive no salary or other compensation therefor. tion. SEC. 7. There is hereby appropriated out of the general Appropriafund of the state, the sum of fifteen thousand dollars, or so much thereof as may be necessary to defray the actual and necessary expenses of the commission and the members thereof for legal services, clerical help, stationery, hotel bills, traveling and other expenses incurred while in the performance of the duties of said commission. No member of the commission, who is a member of the present legislature, shall receive any compensation for his services other than the actual and necessary expenses herein mentioned. All such money shall be expended under the general supervision and control of the state administrative board. This act is ordered to take immediate effect. Act repealed. Subsequent proceedings valid. [No. 16.] AN ACT to repeal act number three hundred eighty-three of the public acts of nineteen hundred twenty-five, entitled "An act to provide for the service of process or notice upon the occupants of land included in any action or proceeding for the foreclosure of any mortgage, or for the cancellation or forfeiture of any land contract," and to validate any foreclosure proceedings thereunder notwithstanding failure to comply with the provisions of said act. The People of the State of Michigan enact: SECTION 1. Act number three hundred eighty-three of the public acts of nineteen hundred twenty-five, entitled "An act to provide for the service of process or notice upon the occupants of land included in any action or proceeding for the foreclosure of any mortgage, or for the cancellation of any land contract," is hereby repealed. Any proceedings to foreclose a mortgage since said act became effective shall not be held invalid because of failure to comply with any provision thereof. This act is ordered to take immediate effect. May admin surety. [No. 17.] AN ACT providing a method of pledging real estate to the people of the state of Michigan by sureties on criminal bonds and recognizances in courts of record in this state; making such pledge and lien upon such real estate in favor of the people of the state of Michigan; and providing a means of releasing such liens. The People of the State of Michigan enact: SECTION 1. In every court of record in this state having 1ster oath to criminal jurisdiction, each judge thereof shall have power, in his discretion, to administer an oath to any proposed surety upon any recognizance given for the release of a person accused of any crime, offense, misdemeanor or the violation of any city or village ordinance, to ascertain his financial condition. Each of the judges of any such court shall have power, in his discretion, to require any surety upon any criminal recognizance taken before him to pledge to the people of the state of Michigan, real estate owned by said surety and located in the county in which such court is established, the value of the interest of said surety in said real cuted. estate being at least equal to the penal amount of the said recognizance. Whenever such a pledge of real estate shall be Recognizrequired by any such court or by any of the judges thereof, of ance exeany proposed surety, there shall be executed by said surety the usual form of recognizance and in addition there shall be included in said recognizance, as a part thereof, an affidavit of justification in substantially the following form. Such affidavit shall be executed by the said proposed surety under an oath administered by the said court or any of the judges thereof. residing at being first who offers himself as surety for .. and described as follows to-wit: that the title to the same is in his name only; that the value Subscribed and sworn to before me this Form of affidavit. Each of the judges of any such court may, in his discretion Deposition. and in addition to the above affidavit, require the proposed surety to depose under oath that he is not at the time of executing said recognizance and affidavit surety upon any other recognizance, and that there are no unsatisfied judgments, or executions against him. Each of the judges of any such court may, in his discretion, require such proposed surety to depose to any other fact which is relevant and material to a correct determination of the proposed surety's sufficiency to act as bail. SEC. 2. Upon the execution of any recognizance in the usual Lien to form and an affidavit of justification containing a description attach. of real estate there shall immediately attach to the said real estate, described in said affidavit of justification, a lien in favor of the people of the state of Michigan in the penal amount of the recognizance, which lien shall remain in full Form of notice. force and effect during the time that said recognizance remains effective, or until the further order of said court. Upon the acceptance by any of the judges of any such court of a recognizance in the usual form containing the above described affidavit of justification, and description of real estate, the said recognizance shall be immediately filed with the clerk of such court. The clerk of such court shall forthwith upon the filing with him of said recognizance file with the register of deeds of the county in which said real estate is located, a notice of lien in writing in substantially the following form: To Whom It May Concern TAKE NOTICE that the hereinafter described real estate located in the county of has been pledged for .....) to the the sum of ... dollars ($. People of the state of Michigan, Plaintiff, vs. Defendant, known and identified in said court as Cause Description of Real Estate What to constitute. Notice of discharge. Form. Said notice of lien, when filed, shall constitute notice to everyone that the real estate therein described has been pledged to the people of the state of Michigan as security for the performance of the conditions of a criminal recognizance, in the penal amount set forth in said recognizance. SEC. 3. Whenever by the order of such court a recognizance in the above form shall have been cancelled, discharged or set aside, or the cause in which said recognizance is given shall have been dismissed, the clerk of such court shall forthwith file with the register of deeds of the county in which the real estate is located, a notice of discharge in writing in substantially the following form: To Whom It May Concern TAKE NOTICE that by the order of the......court of the (city) of ..., the recognizance of (county) as Principal and .... as Surety, given in the cause of the People of the state of Michigan, Plaintiff vs. |