not be stal'd

indictment.

Sec. 7. It shall not be necessary to state any venue in the body of venue need any indictment, but the county, city, or other jurisdiction named in the in body of margin thereof, shall be taken to be the venue for all the facts stated in the body of such indictment: Provided, That in cases where a local Proviso. description is or hereafter shall be required, such local description shall be given in the body of the indictment.

formalities

indictments.

Sec. 8. No indictment for any offence shall be held insufficient for Certain inwant of the averment of any matter unnecessary to be proved, nor for not to vitiate the omission of the words "as appear by the record," nor because any person mentioned in the indictment is designated by a name of office, or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the offence was committed, in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding the indictment, or any impossible day, or on a day that never happened, nor for [want of] a proper venue, nor for a want of a proper and formal conclusion, nor for want of the statement of value or price of any matter or thing, or the amount of the damage, injury or spoil in any case where the value or price, or the amount of damage, injury or spoil is not of the essence of the offence.

ap- Objection to

to

be taken be

fore jury

shall be

Sec. 9. Every objection to any indictment for any formal defect parent on the face thereof, shall be taken by demurrer, or motion quash such indictment before the jury shall be sworn, and not after- sworn. wards; and every court before whom such objection shall be taken for any formal defect, may, if it be thought necessary, cause the indictment to be forthwith amended in such particular, and thereupon the trial shall proceed as if no defect had appeared.

Copy of reoord, plead

Sec. 10. Whenever in any indictment it shall be necessary to make any averment of any record, pleading, warrant, mittimus, or other pro- ing not neocees, or any written instrument, it shall be sufficient to describe the same by its purport, without setting out any copy thereof.

essary.

allowed in

Sec. 11. Any court of record in which the trial of an indictment is Amendmet had, may forthwith allow amendment in case of variance between the certain cas's. statement in the indictment on which the trial is had, and the proof, in the following cases: in the names of any county or place stated in the indictment, in the name or description of any person or body stated to

Other amendme'ts

Offence described in words of

statute suffi

be the owner of any property, which is the subject of the offence charged, or alleged to have been injured by the commission of the offence, or the christian or sir name of any person, the name or description of any thing, the name or description of any writing, as well records as others, or the ownership of any property described in the indictment, and in all cases whenever the variance between the facts alleged in the indictment, and those proved by the evidence, are not material to the merits of the case.

Sec. 12. Such court may direct such other amendments in other parts of the indictment, as the making of the amendments in the last section mentioned shall render necessary, and may in its discretion proceed in or postpone such trial.

Sec. 13. When the offence charged has been created by any statute, or the punishment of such offence has been declared by any statute, the cient after indictment shall, after verdict, be held sufficient to warrant the punishment prescribed by the statute, if it describe the offence, in the words of the statute.

verdict.

Misnomer

may be amended.

Money & sufficient de

bank notes,

&c.

Sec. 14. Whenever the plea of a misnomer shall have been pleaded to an indictment, the court in which it shall be pending may forthwith cause the indictment to be amended, and call upon the parties to plead thereto and to proceed as if no such plea had been pleaded.

Sec. 15. In any prosecution for larceny or robbery of the money, scription of bank notes or prommissory notes, or bills of exchange of any person, it 'shall be sufficient to allege generally in the indictment, a larceny or robbery of money; and it shall be sufficient to maintain the charge in the indictment, that any money, bank notes, promissory notes, or bills of exchange, were stolen or obtained by robbery.

Value of

cles may be stated collectively.

Sec. 16. In any indictment for larceny, or for any other offence in several arti. which the value or price of any property shall be stated, it shall be sufficient to state the value or price of several articles collectively; and in case the defendant shall be found guilty, or shall plead guilty as to only a part, and a jury shall find, or the defendant by his plea shall admit, the value of such property, the court shall render judgment in the same manner as if the separate value of each article of said property had been alleged in the indictment.

Facts con ferring jurisdiction

need not be stated.

Sec. 17. In pleading a judgment or other determination of, or proceedings before, any court or officer, the facts conferring jurisdiction need

not be stated; but it shall be sufficient to state that the judgment or determination was duly rendered or made, or the proceedings duly had before such court or officer.

tain facts

set forth.

Sec. 18. An indictment for libel need not set forth any extrinsic facts, In libel, cerfor the purpose of showing the application to the party libeled, of the need not be defamatory matter on which the indictment is founded, but it shall be sufficient to state generally that the same was cerning him:

published of and con

tinctions

Sec. 19. The distinction between an accessory before the fact, and a certain disprincipal, and between principals in the first and second degree in cases abolished. of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offence, or aid and abet in its commission, though not present, may hereafter be indicted, tried and punished, as principals, as in the case of a misde

meanor.

several

tive to same

Sec. 20. An indictment for larceny may contain also a count for ob- In larceny, taining property by false pretences, or a count for embezzlement, or for counts relareceiving, having in possession, or aiding in concealing the same proper- property ty, knowing it to have been stolen, and the jury may convict of either joined. offence; and the jury who shall try the same may find all or any of the persons indicted, guilty of either of the offences charged in the indict

ment.

may be

Sec. 21. The preceding sections shall apply to all pleas, replications To apply to or other pleadings.

Approved February 10, 1855.

pleadings.

[ No. 78. ]

AN ACT to establish a House of Correction for Juvenile Offenders.

House of

established.

SECTION 1. The People of the State of Michigan enact, That there shall be established in this State, an institution under the name correction and style of the "House of Correction for Juvenile Offenders," and that the sum of twenty-five thousand dollars be and the same is hereby Appro priaappropriated from the general fund, for preparing the grounds, for the erection of suitable buildings and fixtures therefor: Provided however,

tion.

Proviso.

Board of. control.

Body corporate.

That it shall not be lawful for the board of control hereinafter created, to draw upon the sum hereby appropriated, an amount exceeding twenty-five thousand dollars in any one year.

Sec. 2. The general supervision and government of said House of Correction, shall be vested in a board of control, to consist of six members, who shall be appointed by the Governor, by and with the advice and consent of the Senate; and thereafter there shall be two of said board appointed every two years, who shall hold their offices for six years, and until their successors are appointed and qualified. The members of said board of control, shall constitute a body corporate, under the name and style of the "Board of Control of the House of Correction for Juvenile Offenders," with the right of suing and being sued, of making and using a common seal, and of altering the same at pleasure: ProviWhen powded, however, That the powers of said board of control shall cease cease, &c. when a general system of government shall be provided by law under the provisions of this act; and upon demand by the officer designated under such new organization for that purpose, the said board of control shall deliver into his possession all the books, maps, plans, money, property and effects, grounds, fixtures and buildings of said institution, in the hands of said board or either of them, in virtue of the provisions of this act.

ers of board

of control to

Board of control to establish site, &c.

Proviso.

established,

certificate,

Sec. 3. The said board are hereby empowered to select and establish with all convenient dispatch, a site for the House of Correction, and for that purpose they are also hereby authorized to receive proposals for the donation of lands, money, or of building materials, for the location and erection of such House of Correction, in behalf of the State, and for the benefit of said institution: Provided, That good and sufficient atles to any lands thus granted, and securities for the payment of the money and delivery of the materials thus donated, shall be obtained by said board before any such site shall be fully established.

When site is Sec. 4. The said board having established a site for said institution, to deposite shall immediately deposit a certificate of their determination, together conveyance, with all conveyances of lands granted, and securities for moneys or materials donated, in the office of the Auditor General. They shall also prepare and adopt a plan for the grounds, buildings and fixtures neces

&c.

plan for

sary for such institution, of such form, dimensions, style and finish, as To prepare when completed, to come within the cost and limit of the sum here- buildings. inbefore appropriated.

tor propo

building,

Sec. 5. The board of control having secured a site, and adopted a To advertise plan for the grounds and buildings, which shall contain at least twenty sals for acres, shall forthwith proceed to advertise for proposals for the erection &c. and furnishing of such parts of the buildings in accordance with their plan, as may be necessary to put the said institution in readiness, at an early period, for the reception, confinement and discipline of youthful offenders; and upon the reception of such proposals, they may in their Make condiscretion, make contracts with such bidders as shall make proposals best conducive to the interests of the State, taking into consideration the price, time of performance, and the responsibility of the contractor, with such sureties as he may offer; which contracts, when duly executed, shall also be deposited in the office of the Auditor General.

tracts.

port to Sec.

Sec. 6. Said board shall make out and deliver to the Secretary of To make reState, on or before the first day of January in each year hereafter, a of State. detailed statement of their operations, and of all expenditures made by them in behalf of said institution. The traveling and other actual ex- Actual expenses necessarily incurred by the members of said board, as such, and allowed, &e. in the discharge of their duties, may be retained by them out of appropriations for said institution, subject to the determination of the Board of State Auditors, settling the proper amount upon an account stated.

penses to be

of board of

Sec. 7. It shall be the duty of the members of the board of con- Organizat'n trol to meet at such time and place as the Governor shall select, after control. their appointment, and perfect their organization by taking and subscribing the constitutional oath of office, and by electing of their own body, Oath. a treasurer, a clerk, and an acting commissioner, who shall severally hold their offices for one year, and until their successors are elected and qualified. The said commissioner shall have, under the general supervision of said board, the superintendence of the erection of the necessary buildings, and the management of the affairs of said institution generally. The salary of the said commissioner shall be seven hundred Compensadollars per annum, commencing with his election as such, and the sala- tion." ries of the other members of said board shall be at the rate of three dollars per diem, for the time actually devoted by them respectively to the business affairs of said institution: Provided, always, That the or