shall not for that reason be void, but the prisoner so sentenced court to furn SEC. 3. When a criminal shall be sentenced to prison by When clerk of any court, the clerk of that court shall furnish the warden or ish record to superintendent of the institution to which the criminal is warden. sentenced, a record containing a copy of the information or complaint and of any special plea; the name and residence of What to the judge presiding at the trial, names and postoffice ad- contain. dresses of the jurors and of the witnesses sworn on the trial, together with a statement of any fact or facts which the presiding judge may deem important or necessary for the full comprehension of the case, and such record duly signed by the clerk of the court, shall be prima facie evidence against the convicted person in all proceedings for the release of such person by a writ of habeas corpus or otherwise. Said record shall be delivered to the warden or superintendent at the time of the delivery of the prisoner. In each case in which he Compensation shall perform the duties required by this act, the clerk of the of clerk for. court shall be entitled to such compensation as shall be certified to be just by the presiding judge at the trial, not to exceed two dollars in any one case, which shall be paid by the county in which the trial is had, as a part of the court expenses. for parole, SEC. 4. A uniform blank form of application for parole Applications shall be prescribed by the Governor and supplied by the Sec- when to be retary of State to the penal institutions named in section one made. of this act. Upon the expiration of the minimum term for which he was sentenced as aforesaid, any prisoner may apply to the warden or superintendent of the institution wherein he is confined, and thereupon an application for parole shall be scut by the warden or superintendent to the Governor. Upon Who to investigate. receipt of said application the Governor may order such investigation by the Advisory Board in the Matter of Pardons as he may deem advisable and necessary. Authority to grant Who to grant paroles under such rules and regulations as he may adopt is parole, hereby conferred exclusively upon the Governor: Provided, Proviso. That no prisoner who has been twice previously convicted of a felony shall be eligible to parole under the provisions of this act: Provided further, That while at large by authority Further of a parole granted as aforesaid, the person so paroled shall proviso. be deemed to be still serving out the sentence imposed upon him, and shall be entitled to good time the same as if confined in prison. Paroled con victs to remain under whose control. When treated prisoner. SEC. 5. Every such convict while on parole, shall remain in the legal custody and under the control of the Governor, and shall be subject at any time to be taken back within the inclosure of the prison from which he was permitted to go at large, for any reason that shall be satisfactory to the Governor, and at his sole discretion; and full power to retake and return any such paroled convict to the prison from which he was permitted to go at largé is hereby expressly conferred upon the Governor, whose written order duly executed, shall be a sufficient warrant, authorizing all officers named therein to return to actual custody in the prison from which he was permitted to go at large, any such paroled convict, and it is hereby made the duty of all officers to execute said orders the same as in ordinary criminal process. For such service, officers, other than an officer of the prison, shall be entitled to receive the same fees therefor, and the actual traveling expenses incurred in the case, as are allowed sheriffs for conveying convicts to prison. SEC. 6. When any prisoner violating the conditions of his as an escaped parole or conditional release is declared a delinquent by resolution adopted and entered in the records of the board of control of the institution from which said prisoner was paroled, he shall thereafter be treated as an escaped prisoner owing service to the state, and shall be liable when arrested to serve out the unexpired period of his maximum possible imprisonment, and the time from the date of his declared delinquency to the date of his arrest shall not be counted as any part or portion of the time to be served. And any prisoner committing a crime while at large upon parole or conditional release, and being convicted and sentenced therefor, shall serve the second sentence, to commence from the date of the termination of the first sentence, after the first sentence is served or annulled. Absolute discharge, when made. Proviso. Convicts to report to warden. Warden to report to governor. SEC. 7. Application for absolute discharge of any prisoner upon parole, shall be made to the board of control of the prison from which said convict was paroled. If upon consideration of an application for absolute discharge, it shall appear to the said board of control that it would be advisable to fully discharge such prisoner from imprisonment, then the said board shall make such recommendation in writing to the Governor, stating therein their reasons therefor, and the Governor may exercise his discretion and authority to issue to said prisoner an absolute discharge from imprisonment: Provided, Applications for absolute discharge shall be made only for prisoners upon parole. SEC. 8. On the last day of each month, each paroled convict shall make a written report to the warden or superintendent of the prison from which he was released, showing his conduct during the current month, his employment, earnings and expenditures, his probable postoffice address and place of employment for the coming month; and the warden or superintendent in charge of each prison of this state named in section one of this act, shall, not later than the tenth day of each month, tabulate and report to the Governor in writing, the information thus received, and he shall communicate to the Governor immediately all violations and infractions of the rules governing such paroled convicts, also any information which may be conveyed to said warden or superintendent, as to the disorderly conduct of such paroled convicts. The Governor shall also be informed of the release of such paroled convicts upon the expiration of their terms of imprisonment. kept. where filed. SEC. 9. There shall be kept in each prison named in sec- Record to be tion one of this act, by the warden or superintendent thereof, a book containing a full and accurate record of each and every transaction had under the provisions of this act. A sum- Summary mary of such record for the fiscal year ending June thirtieth, shall be filed with the Advisory Board in the Matter of Pardons to be by said board compiled and included in the annual report of the advisory board, which report shall be submitted in writing to the Governor on or before the first day of December in the year one thousand nine hundred four, and on or before December first of each year thereafter, and said report shall be accompanied by such recommendations as the said board may see fit to make. clause. SEC. 10. All acts and parts of acts in conflict with the pro- Repealing visions of this act are hereby repealed: Provided, That nothing in this act contained shall be construed to impair the Proviso. power to grant pardon or commutation in any case provided by law. Approved May 21, 1903. [No. 137.] AN ACT to amend section one of act number one hundred ninety-nine of the public acts of eighteen hundred ninetynine, entitled "An act regulating the practice in courts held by justices of the peace in suits brought against two or more defendants," by regulating the liability of sureties upon appeal from justice court to the circuit court in suits brought against two or more defendants. The People of the State of Michigan enact: amended. SECTION 1. Section one of act one hundred ninety-nine of Section the public acts of eighteen hundred ninety-nine, entitled "An act regulating the practice in courts held by justices of the peace in suits brought against two or more defendants" is hereby amended to read as follows: In case of suits brought ants. SECTION 1. When an action is brought in justice court against two or against two or more defendants, the plaintiff shall, at any more defend- time before the final submission of the case, be allowed to discontinue as against any of the defendants upon payment of costs to them, as in case of non-suit and upon such other terms as the justice, before whom the case is pending, shall direct. And the plaintiff may thereupon amend his declaration and proceed against the other defendant or defendants in like manner as if the action had originally been brought against them alone. But in case an action is brought against two or more defendants, the plaintiff shall not be required to discontinue as to any of them, but the jury shall show by their verdict, or the justice by his finding, in a trial by the justice without a jury, which of them are and which are not liable to the plaintiff, and judgment shall be given accordingly. And in case the defendants, or any two or more of them, shall take any cause where they are joint defendants by appeal to the circuit court from the justice court, and shall file a bond on appeal, and, on the trial in the circuit court, a verdict shall be rendered for one or more of such defendants so appealing, the surety or sureties on such appeal bond shall not be released from his or their liability on such bond by reason of such verdict, but judgment shall enter against said surety or sureties as well as against the defendant or defendants against whom verdict is rendered on such trial in the circuit court. Approved May 21, 1903. Section amended. Polls when opened. [No. 138.] AN ACT to amend section thirty-three of chapter sixteen of the Revised Statutes of eighteen hundred forty-six, the same being section two thousand three hundred three of the Compiled Laws of eighteen hundred ninety-seven, relative to the manner of conducting township elections. The People of the State of Michigan enact: SECTION 1. Section two thousand three hundred three of the Compiled Laws of eighteen hundred ninety-seven is hereby amended to read as follows: (2303) SEC. 33. The polls of the election shall be opened at seven o'clock in the forenoon, or as soon thereafter as may be, and shall close at the hour of five o'clock in the afternoon, and the inspectors shall cause proclamation to be made upon opening the polls and shall also cause proclamation to be made of the closing of the polls one hour, thirty minutes and fifteen minutes, respectively, before the closing thereof. Approved May 21, 1903. [No. 139.] AN ACT to amend section seven of chapter eighty-three of the Revised Statutes of eighteen hundred forty-six, as amended by act number eighty-five of the Public Acts of eighteen hundred seventy-three, the same being section eight thousand five hundred ninety-four of the Compiled Laws of eighteen hundred ninety-seven, relating to the solemnization of marriage. The People of the State of Michigan enact: amended. solemnize SECTION 1. Section seven of chapter eighty-three of the Section Revised Statutes of eighteen hundred forty-six, as amended by act number eighty-five of the Public Acts of eighteen hundred seventy-three, the same being section eight thousand five hundred ninety-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended so as to read as follows: SEC. 7. Marriage may be solemnized by any justice of the Who may peace or judge of probate in the county in which he was marriages. chosen, or judge of a municipal court in the municipality in which he was chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained according to the usages of his denomination, and who is a pastor of any church or churches in this state, or who shall continue to preach the gospel in this State: Provided, That Proviso. all non-resident ministers of the gospel, who are authorized by this act to solemnize marriages, shall keep proper records and make returns as required by section two, chapter sixteen of the Compiled Laws of eighteen hundred seventy-one. Approved May 21, 1903. [No. 140.] AN ACT to provide for the taking of fish by the use of a seine from the waters of Ottawa lake, in the township of Whitford, county of Monroe, State of Michigan. The People of the State of Michigan enact: SECTION 1. In order to guard against the decay of fish, Use of seine. which thereby becomes a nuisance by producing unwholesome and offensive odors, which are dangerous to the public health, it is hereby made lawful at any season of the year, to take by the use of a seine, any and all fish from the waters of the lake commonly known as Ottawa lake situated in the township of Whitford, in the county of Monroe and State of Michigan. clause. SEC. 2. All acts or parts of acts contravening or in any wise Repealing inconsistent with the provisions of this act are hereby repealed. This act is ordered to take immediate effect. Approved May 21, 1903. |