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When courts

may place

probation.

[No. 91.]

AN ACT to authorize the several courts of the State having jurisdiction in criminal cases, to hold or place persons, convicted of a crime or misdemeanor, on probation, under the care of probation officers provided in this act.

The People of the State of Michigan enact:

SECTION 1. Provided the defendant has never before been defendant on convicted in this State or elsewhere, of a crime or misdemeanor, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where a discretion is conferred upon the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases where it may appear to the satisfaction of the court, that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner:

May place in

tion officer.

First, Before passing sentence, the court before whom he care of proba- stands convicted may place the defendant in the custody and under the supervision of the probation officer and under such terms and conditions as it may determine.

When court may revoke probation.

Who to be probation officer.

Proviso.

Powers and duties of.

Second, At any time during the probationary term of a person convicted and released on probation as aforesaid, the court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may, in its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may immediately pronounce judgment, imposing fire or imprisonment or both any time thereafter within the longest period for which the defendant might have been sentenced.

SEC. 2. The county agent of the State Board of Corrections and Charities, in the respective counties, shall be exofficio the probation officer for the county: Provided, That wherever and whenever, in the opinion of the court, the county, agent is disqualified and cannot discharge the duties of a probation officer in any case, the court shall have power to designate a probation officer in his stead.

SEC. 3. Every probation officer shall, when so directed by the court, inquire into the nature of any criminal case brought before the court under whose jurisdiction he acts, and may recommend that the defendant be placed upon probation. Each person released upon probation shall be furnished by the probation officer with a written statement of the terms and conditions of his release, and each probation officer shall keep full record of the cases investigated by him, and of all cases placed in his care by the court, and of any other duties

report.

performed by him under this act, the necessary record books and blanks for which shall be furnished and paid for by the respective counties. All persons serving as probation officers To whom to shall make a report annually through the clerk of the county in which they serve to the State Board of Corrections and Charities, showing in detail the working of the probation system in the respective counties for the fiscal year ending June thirtieth, all necessary blanks for which report shall be prescribed by said board and supplied by the Secretary of State to the order of the respective county clerks. This information shall be compiled by said board and by it reported in writing to the Governor, biennially, accompanied by such recommendations as the board in its discretion may see fit to make, and shall be included in its regular published report.

SEC. 4. Probation officers shall have, as to persons com- Powers of, mitted to their care, the powers of a sheriff, and shall be fees, etc. allowed the same fees as sheriffs are allowed for traveling, and the sum of two dollars a day for making investigations and report. The bills therefor upon approval by the court ordering such services, shall be paid by the county for which said services are rendered, in the same manner as are juror and witness fees.

apply to other

SEC. 5. The court of one county may apply to the proba- When may ́tion officer of another county for an investigation and report officers. in any case before it where the accused has resided in such other county, and it shall be the duty of such officer to make investigation and report to the court so directing it, and the fees and per diem charge shall be paid by the county in which the accused is held for trial, upon approval by the court in the manner provided for in section four of this act.

SEC. 6. The benefits of this act shall not extend to any Application person now engaged in serving sentence in any penal, reforma- of act. tory or industrial institution in this State, and shall not apply in any case after commitment.

SEC. 7. It shall be the duty of the probation officer to re- Report of port to the court any violation or breach of the terms and con- officers. probation ditions imposed by said court upon the persons placed in his

care.

SEC. 8. This act is to have force and effect regardless of Force of act. all previous acts which may be inconsistent herewith.

Approved May 7, 1903.

Appropria

tion.

How used.

To be incorporated in state tax.

[No. 92.]

AN ACT to provide for the purchase, for the state law library, of the bound volumes of the records and briefs of the United States Supreme Court from the year eighteen hundred seventy-three to date.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated, out of the general fund of the State treasury, the sum of five thousand dollars, to be expended by the State Librarian for the purchase for the state law library, in the same manner as other books are purchased for said library, of a complete set of bound volumes of the records and briefs of the United States Supreme Court, from the year eighteen hundred seventy-three to date, containing one thousand volumes.

SEC. 2. The Auditor General shall incorporate in the state tax for the year nineteen hundred three the sum of five thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.

This act is ordered to take immediate effect.
Approved May 7, 1903.

Title and section amended.

Unlawful to spear.

[No. 93.]

'AN ACT to amend the title and sections one an [and] two of act number one hundred four of the public acts of eighteen hundred ninety-nine, entitled "An act for the protection of fish in the Kalamazoo river and its tributaries in the townships of Saugatuck and Manlius in the county of Allegan."

The People of the State of Michigan enact:

SECTION 1. The title and sections one and two of act number one hundred four of the public acts of eighteen hundred ninety-nine, entitled "An act for the protection of fish in the Kalamazoo river and its tributaries in the townships of Saugatuck and Manlius in the county of Allegan," are hereby amended so as to read as follows:

An act for the protection of fish in the Kalamazoo river and its tributaries in the township of Saugatuck, in the county of Allegan, and to repeal all acts or parts of acts contravening the provisions of this act.

SEC. 1. It shall not be lawful for any person or persons to spear, or attempt to spear, any fish in the waters of the Kalamazoo river, or its tributaries, in the township of Saugatuck in the county of Allegan.

SEC. 2. It shall not be lawful for any person or persons to Use of nets. set, place or use any pound, trap, stake, gill or set nets or seines or to use any device of any kind for the catching of fish except that of hook and line in the water of the Kalamazoo river and its tributaries in the township of Saugatuck in the county of Allegan: Provided, That it shall not be unlawful to Proviso. take any suckers, red sides, mullets, grass pike, sturgeon or German carp from said Kalamazoo river or its tributaries by the use of spears or dip nets during the months of March and April except in the said township of Saugatuck.

This act is ordered to take immediate effect.
Approved May 7, 1903.

[No. 94.]

AN ACT to amend section five of act number two hundred of the public acts of eighteen hundred ninety-seven, entitled "An act to incorporate societies for the study of literature, for general culture and for educational and philanthropic work," the same being sections eight thousand one hundred seventy-eight to eight thousand one hundred eighty-two, inclusive, of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section five of act number two hundred of the Section amended. public acts of eighteen hundred ninety-seven, entitled "An act to incorporate societies for the study of literature, for general culture and for educational and philanthropic work," the same being sections eight thousand one hundred seventyeight to eight thousand one hundred eighty-two, inclusive, of the Compiled Laws of eighteen hundred ninety-seven, is amended so as to read as follows:

articles.

SEC. 5. The associates shall meet for organization and To adopt adopt articles of association as prescribed in section three, which articles shall be signed by each of the associates and acknowledged and recorded in the same manner as is required in case of manufacturing corporations. Approved May 7, 1903.

Section amended.

Examinations when held, certificates may grant.

[No. 95.]

AN ACT to amend section four of act number one hundred forty-seven of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being section four thousand eight hundred eleven of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section four of act number one hundred fortyseven of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being section four thousand eight hundred eleven of the Compiled Laws of eighteen hundred ninetyseven, is hereby amended so as to read as follows:

SEC. 4. The board of school examiners shall, for the purpose of examining all persons who may offer themselves as teachers for the public schools, hold two regular public examinations in each year at the county seat, which examinations shall begin on the second Thursdays of March and August in each year. From these two examinations certificates of all grades may be granted. The said board of examiners may also in their discretion hold two other regular public examinations. which shall begin on the third Thursdays of June and October and at such places as in the judgment of the board the best interests of the teachers may require. From these two examinations only certificates of the second and third grade may be granted. It shall be the duty of the county commissioner to make out a schedule of the times and places of holding such examinations and to cause it to be published in one or more newspapers of the county, at least ten days before such examination.

This act is ordered to take immediate effect.
Approved May 7, 1903.

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