TITLE XVI.

THE INTERNAL POLICE OF THE STATE.

CHAPTER LIII. Disorderly persons.

CHAPTER LIV. The maintenance of illegitimate children.

CHAPTER LV. The observance of the first day of the week, and the prevention and punishment of immorality.

CHAPTER LVI. The law of the road, and the regulation of public carriages. CHAPTER LVII. Timber and lumber floating upon waters, or carried upon adjoining lands.

CHAPTER LVIII. Lost goods and stray beasts.

CHAPTER LIX. Running at large of animals.

CHAPTER LX. The disposition of unclaimed property in certain cases.

CHAPTER LXI. Fire departments in cities and villages.

CHAPTER LXII. Certain municipal regulations of police.

CHAPTER LXIII. The protection of fish and preservation of fisheries.

CHAPTER LXIV. The protection of game and muskrats.

CHAPTER LXV. Dissection in certain cases.

CHAPTER LXVI. Trespass upon cranberry marshes.

CHAPTER LXVII. The destruction of wolves, and other noxious animals.

CHARTER LXVIII. Preventing the spread of Canada thistles.

CHAPTER LXIX. The manufacture and sale of intoxicating drinks as a beverage

Chapter thirty-nine of Revised Statutes of 1846.

(1960.) SEC. 1. All persons who do run away, or threaten to run away, who, being of sufficient ability, refuse or neglect to support their families, or leave their wives or children a burden on the public; all persons pretending to tell fortunes, or where or with whom lost or stolen goods may be found; all common prostitutes, all keepers of bawdy houses, or houses for the resort of prostitutes;

all drunkards, tipplers, gamesters, or other disorderly persons; all persons who have no visible calling or business to maintain themselves by, or who do for the most part support themselves by gaming; all jugglers, common showmen, and mountebanks, who exhibit or perform for profits, any puppet-show, wire or rope dancing, or other idle shows, acts, or feats; all persons who keep in any highway, or in any public place, any gaming-table, wheel of fortune, box, machine, instrument, or device for the purpose of gaming; all persons who go about with such table, wheel of fortune, box, machine, instrument, or device, exhibiting tricks, or gaming therewith; all persons who play in the public streets or highways, with cards, dice, or any instrument or device for gaming; and all vagrants, shall be deemed disorderly persons.'

offenders, and

behavior.

(1961.) SEC. 2. Upon complaint made on oath to any justice of Apprehension of the peace, against any person as being disorderly, he shall issue his security for good warrant for the apprehension of the offender, and cause him to be brought before such justice for examination; and if it shall appear by the confession of the offender, or by competent testimony, that he is a disorderly person, the justice may require of the offender a recognizance, with sufficient sureties, for his good behavior for the term of not less than sixty-five days nor more than one year thereafter. 2

conviction to be

fender commit

(1962.) SEC. 3. In default of such sureties being found, the when record of justice shall make up, sign, and file in the county clerk's office made, and of a record of conviction of such offender, as a disorderly person, td. specifying generally the nature and circumstances of the offence, and shall, by warrant under his hand, commit such offender to the common jail of the county, there to remain until such sureties be found, or such offender be discharged according to law.

breach of recog

(1963.) SBC. 4. The committing of any of the acts which con- What deemed a stitute the person so bound a disorderly person, shall be deemed a nizance. breach of the condition of such recogizance.

rities may be re

quired, or offend

er committed.

(1964.) SEC. 5. Upon a recovery being had upon any such recog- When new secu nizance, the court before which such recovery shall be had may, in its discretion, either require new sureties for good behavior to be given, or may commit the offender to the common jail of the county, for any time not exceeding six months.

committed may

(1965.) SEC. 6. Any person committed to the common jail for How person not finding sureties for good behavior, may be discharged by any be discharged.

1 As amended by Aet 89 of the Laws of 185, p. 147, approved March 2, 1865.

As amended by Act 17, of the Laws of 1869, p. 24, approved and toak effect February 24,

Jailor to report to circuit court list of persons committed to

jail.

Court to exam

ine record of conviction.

Powers of court in relation to

sons.

two justices of the peace of the county, upon giving such sureties for good behavior as were originally required from such offender.

(1966.) SEC. 7. It shall be the duty of the keeper of every jail to lay before the circuit court for his county, on the first day of every term, a list of all the persons committed to the jail as disorderly persons, and then in his custody, with the nature of their offenses, the name of the justice committing them, and the time of their imprisonment.'

(1967.) SEC. 8. The said circuit court before [which] such list shall be laid, shall inquire into the circumstances of each case, and hear any proofs that may be offered, and shall examine the record of conviction, which shall be deemed presumptive evidence of the facts therein contained until disproved.1

(1968.) SEC. 9. The circuit court may discharge such disorderly disorderly per person from confinement, either absolutely or upon receiving sureties for his good behavior, in the discretion of the court, or the said circuit court may, in its discretion, authorize the superintendents of the poor of the county to bind out such disorderly persons as shall be minors, in some calling, as servants or apprentices, or otherwise, until they shall be of full age, respectively, or to contract for the service of such disorderly persons as shall be of full age, with any person, as laborers or servants, for any time not exceeding one year, which binding out and contracts shall be as valid and effectual as the indenture of any apprentice with his own consent and the consent of his parents, and shall subject the persons so bound out or contracted for to the same control of their masters, respectively, and of such circuit court, as if they were bound as apprentices.'

Court may order disorderly per

(1969.) SEC. 10. Such court may, in its discretion, order any such son kept at labor disorderly person to be kept in the common jail for any time not exceeding six months, at hard labor.

order keeper to

ment, etc.

When court may (1970.) SEC. 11. If there be no means provided in such jail for furnish employ employing offenders at hard labor, such court may direct the keeper thereof to furnish such employment as it shall specify, to such disorderly person as may be committed thereto, either by a justice, or any court, and for that purpose to purchase any necessary raw materials and implements, not exceeding such amount as the court shall prescribe, and to compel such persons to perform such work as shall be allotted to them.

Expenses, how paid.

(1971.) SEC. 12. The expenses incurred in pursuance of such order shall be paid to the keeper by the county treasurer, on the

As amended by Act 155 of the Laws of 1863, p. 255, approved March 19, 1863.

production of a certified copy of the order of the court, and an account of the materials furnished, verified by his oath.

produce of labor,

(1972.) SEC. 13. The keeper shall sell the produce of such labor, Keeper to sell and shall account for the first cost of the materials furnished, and etc. for one-half of the surplus, to the board of supervisors, and pay the same into the county treasury; and the other half of the surplus shall be paid to the person earning the same, on his discharge from imprisonment; and such keeper shall also account to the court, whenever required, for all materials purchased, and for the disposition of the proceeds of the earnings of such offenders.

CHAPTER LIV.

THE MAINTENANCE OF ILLEGITIMATE CHILDREN.

Chapter Forty-two of Revised Statutes of 1846.

Complaint against father of

bastard child

and examination

4 Blackford, 188, Thacher's C. C20

(1973.) SECTION 1. When any woman who has been delivered of a bastard child, or is pregnant with a child which, if born alive, may be a bastard, shall make a complaint to any justice of the thereon. peace, and shall desire to institute a prosecution against the person 18 Metcalf, 246. whom she accuses of being the father of the child, the justice 269, 316. shall take her accusation and examination in writing, under oath, 10 Mich. 24. respecting the person accused, the time when and the place where the complainant was begotten with child, and such other circumstances as the said justice shall deem necessary for the discovery of the truth of such accusation.

ceedings there

on.

(1974.) SEC. 2. The said justice may issue his warrant against warrant; prothe party accused, which may be executed in any part of the State, and, after hearing him in his defense, may require him to enter into 4 Blackford, 20, recognizance with one or more sureties to the satisfaction of the i, 443. justice, in such sum as he may deem necessary, not less than one.

42.

Proceedings in circuit court.

Proviso.

Trial and judgment.

hundred nor more than five hundred dollars, upon condition to appear and answer to the said complaint at the next term of the circuit court for the county, and to abide the order of the court thereon, and may order him to be committed until he shall enter into such recognizance; and on the trial of the issue before the court, the examination taken as aforesaid shall be given in evidence. (1975.) SEC. 3. If, at the next term of the said court, the complainant shall not have been delivered, or shall not be able personally to attend, or if there shall be any other sufficient reason therefor, the court may order a continuance of the cause, from time to time, as they shall judge necessary, and such recognizance shall remain in force until final judgment: Provided, That if the sureties of any recognizance shall, at any term of said court, object to being any longer held liable, or if the court shall, for any cause, deem it proper, such court may order the defendant to enter into a new recognizance, with such sureties and for such amount as they shall direct; and he shall stand committed until such new recognizance shall be entered into.

(1976.) SEC. 4. Upon the trial of the cause, the woman making the complaint shall be admitted as a witness, unless she shall have been convicted of a crime which would by law render her incompetent as a witness in any other cause; and the issue to the jury shall be whether the defendant is guilty or not guilty; and if the 2 Cushing, jury shall find him guilty, or if he shall admit the truth of the accusation, he shall be adjudged to be the father of such child,

Johnson, 867.

10 Mich. 24.

1 Doug. Mich. 47 and shall stand chargeable with the maintenance thereof, with the assistance of the mother, in such manner as the court shall order.

Bond to secure performance of order, etc.

(1977.) SEC. 5. Such person so adjudged to be the father of such child shall give bond to the superintendents of the poor of the county, with sufficient sureties to the satisfaction of the court, to perform such order, and also to indemnify the county which might be chargeable with the maintenance of such child, and he may be 18 Metcalf, 372. committed to prison until he shall give such bond; but if on such trial he shall be found not guilty, the court shall order that he be discharged; and in either case the judgment of the court shall be final.1

2 Johnson, 375. 4 Denio, 518.

Relief of person imprisoned.

(1978.) SEC. 6. Any man who shall have been imprisoned ninety days for having failed to comply with the order of the circuit court, as provided in this chapter, shall have the benefit of the laws for the relief of poor prisoners committed on execution for debt, pro

1 No writ of error can be taken to the Supreme Court under this act. See 8 Mich. 118, 5 Mich. 925,