insane person shall so demand, a jury of twelve shall be summoned to determine the question of insanity. If proper and safe the alleged insane person shall have a right to be present at the hearing. The judge of probate shall appoint two reputable physicians, who shall examine the patient and certify under oath as to his condition. No person can be committed to an asylum without the physicians' certificate. If satisfactory evidence is adduced showing the person to be of unsound mind and in need of care or treatment, the judge of probate grants an order of commitment to some asylum or retreat. If the person is committed as a private patient to any one of the state asylums, the friends must enter into bonds for his support. If there is no estate nor any one to support him, he is maintained at the expense of the county if he has gained a legal settlement, otherwise at the expense of the state.

Dependent Children. It is the duty of the judge of probate to send to the State Public School at Coldwater all children over two and under twelve years of age, who, upon careful investigation, are found to be dependent on the public for support. The child must also be sound in mind. and body to be received. This institution serves as a temporary home and the children are placed in family homes as rapidly as possible to remain until they are twenty-one years of age.

Guardians and Wards.-The judge of probate may, when necessary, appoint guardians for minors and others. If the minor is under fourteen years of age, the judge nominates and appoints the guardian; if above the age of fourteen years, the minor may nominate his own guardian, who will be appointed if approved by the judge. The guardian shall have charge of the estate, and, if so ordered, have custody of the person and education of the minor until he

arrives at the age of twenty-one. Every guardian must give a bond to be fixed by the judge of probate.

Guardians may also be appointed by the judge of probate for insane persons or for persons who, by reason of extreme old age or other cause, are mentally incompetent, also for spendthrifts who, by drinking, gaming, idleness or debauchery, expose themselves or family to want or suffering, and also for any person who shall be an habitual drunkard or so addicted to the use of narcotics or noxious drugs as to need medical treatment and care.

Persons Missing. If a person shall be missing for three months or more and has property going to waste or in danger of loss, the judge of probate may, upon the petition of the wife or next of kin or one or more of his principal creditors appoint a temporary administrator to collect and take charge of the estate until the fact of his death or survival can be established and in case of death until the will, if any can be determined, and an executor or administrator appointed.

Suggestions and Material.

There are very few communities that do not offer practical illustrations of the workings of the probate court. These cases should be considered as far as good taste, propriety and the rights and feelings of others may permit. The beneficient work of this court should be clearly seen.

Questions on the Text.

What is the nature of a probate court?

What is the jurisdiction of the probate court?

When is the court open?

What is the probate-register?

What is a will? How is it made?

What are the provisions for adopting dependent children?

How are the insane cared for by the judge of probate? How are the interests of the insane protected?

How are they supported?

How may dependent children be cared for?

Under what circumstances are guardians appointed?
For whom may guardians be appointed?

What disposition can the judge of probate make of the property of missing persons?

Name in review the classes of persons who are protected and cared for by the probate court.

Home Study Questions.

What is the meaning of the word probate?
Does your county have a probate register?
What is meant by breaking a will?

What are executors? Administrators? Heirs?

What becomes of the property of a person who dies intestate?

What is the law of primo-geniture?

In what ways may a person's name be changed? Why should the changing of names be carefully restricted?

What is a monomaniac? A kleptomaniac?

When is a person who is missing considered legally dead?

11

CHAPTER XXI.

GENERAL JUDICIAL MATTERS.

Attorneys. Attorneys are officers of courts of justice empowered to appear and prosecute and defend. No person is permitted to practice as an attorney and counselor at law and solicitor until he is licensed to do so by the courts. Women are eligible. Graduates of the law department of the University of Michigan and those of the Detroit College of Law are admitted to practice in all the courts of the state upon the presentation of his diploma and taking the constitutional oath. A certificate of admission to the bar may be issued by the supreme court or any circuit court. Other persons may be admitted upon examination.

Law Examiners.—The state board of law examiners consists of five members appointed by the governor upon recommendation of the supreme court for a term of five years. Meetings of the board are held in April and October at Lansing.. The members receive ten dollars a day and expenses for time actually engaged. The examination fee required of the candidate is ten dollars.

Candidates shall be of full age, residents and citizens of the United States, and of good moral character. Successful applicants are granted certificates that they possess sufficient learning in the law to properly practice as an attorney. Admission to the bar is granted upon this certificate in the same manner as are graduates of law schools.

Attorneys may be removed or suspended who are "guilty of any deceit, malpractice, crime or misdemeanor." Disbarred attorneys cannot appear in any court of record.

Contempt of Court.-Every court has power to punish persons guilty of the following: Behavior or disturbance tending to interrupt the proceedings of the court or to cause loss of respect for its authority; willful disobedience of or resistance to the orders of the court; refusal of any person to be sworn as a witness or to answer proper questions; publication of a false or grossly inaccurate report. Punishment shall be by fine or imprisonment, or both, but the fine shall not exceed two hundred fifty dollars, nor the imprisonment thirty days.

Court House.-Circuit court is held at the court house, but when there is no court house, or when it is unsafe, unfit or inconvenient, the board of supervisors or the judge. may appoint another place and other than the appointed time for holding court may be named for the same reasons.

Restrictions on Judges.-A judge is not permitted to sit as such in any cause to which he is a party or in which he is interested. He cannot act as attorney or counsellor in the circuit of which he has been elected judge. No judge shall have a partner practicing in the circuit of which he is judge. He shall not receive any fee or compensation for giving advice or for drafting or preparing any papers in any suit pending before him except as provided by law.

Questions on the Text.

What is an attorney?

Who may practice law?

Board of Law Examiners.

Number.

Appointment.

Term. Meetings. Compensation.

What qualifications must candidate for examination have?

What is "contempt of court"?

Where is court held?

What prohibitions on judges? Give reasons for each.