law; and such appellate jurisdiction organized township, who shall be Supreme Court shall preside. When Sec. 10. The Supreme, circuit and probate courts shall be courts of record, and shall each have a common seal. Sec. 11. The respective circuit courts held in each county, shall appoint one or more persons residing therein, who shall be vested with such judicial and ministerial powers as shall be prescribed by law. Sec. 12. Whenever a judge shall remove beyond the limits of the district in which he was elected, his office shall become vacant; and whenever a justice of the peace shall remove from the township in which he was elected, or be placed without the limits thereof by a change of boundaries, he shall be deemed to have vacated his office. Sec. 13. Whenever a vacancy occurs in the office of judge of the Supreme, Sec. 19. The style of all process shall be: "In the name of the People of the State of Michigan. & Sec. 3. When an impeachment is ARTICLE VII. SECTION 1. There shall be elected at each general biennial election, a Secre- scribed by law. Sec. 4. No officer shall exercise his office after an impeachment is directed, until he be acquitted. Sec. 5. The Governor may make a provisional appointment to fill a vácancy occasioned by the suspension of an officer, until he shall be acquitted, or until the election and qualification of a successor. Sec. 6. For a reasonable cause, which shall not be sufficient ground for the impeachment of a judge, the Gov circuit or probate courts, it shall be perform such duties as may be pre-ernor shall remove him on a concurrent resolution of two-thirds of the Sec. 2. Their term of office shall members elected to each House of the commence on the first day of January, Legislature, after the party accused one thousand eight hundred and sixty-shall have had an opportunity to be such successor shall hold his office for nine, and of every second year there- | heard in his defense; but the cause for filled by appointment of the Governor, which appointment shall continue until a successor to fill such vacancy is elected and qualified. When elected, the residue of the unexpired term. Sec. 14. The clerk of each county organized for judicial purposes, shall be clerk of the circuit court of such county. The judges of the circuit courts within their respective jurisdictions, may fill vacancies in the offices of county clerk and prosecuting attorney. Sec. 15. Each of the circuit and Supreme Court judges shall receive a salary payable quarterly. They shall be ineligible to any other than a judicial office, during their continuance after. Sec. 3. Whenever a vacancy shall occur in any of the State offices, the Governor shall fill the same by appointment, by and with the advice and consent of the Senate, if in session. be stated at length in such resolution. or school district officers may be re- cause as may be provided by law. Sec. 4. The Secretary of State, State Sec. 8. The Governor shall have the Treasurer, and Commissioner of the power, and it shall be his duty, to exState Land Office, shall constitute a Board of State Auditors, to examine office, and the act of any State officer, amine into the condition of any State and adjust claims against the State, and to suspend such officer, except a scribed by law. They shall also con- for gross neglect of duty, or for corwithin such limits as shall be pre-judge or member of the Legislature, stitute a Board of State Canvassers, therein. All votes given for such judges, to determine the result of all elections rupt conduct in office, or any misfeasfor any office other than judicial, either for Governor, Lieutentant Governor, by the Legislature or the people, shall be void. all State officers, and such other officers ARTICLE IX. make a provisional appointment to fill ance or malfeasance therein, and to the vacancy occasioned thereby, and report the cause of such suspension to the Legislature, if in session, and if not, then at the commencement of the SECTION 1. The House of Represent-next session thereof, and the Legislaatives shall have the sole power of im-ture shall proceed to investigate such peaching civil officers for corrupt con- cause, and if found insufficient, such duct in office, and for crimes and mis-officer shall be reinstated for the unexdemeanors; but a majority of the mem-pired portion of his term. bers elected shall be necessary to direct Sec. 9. Whenever, during a recess of an impeachment. the Legislature, it shall, in the opinion Sec. 2. Every impeachment shall of the Governor, become necessary to be tried by the Senate. When the direct an impeachment of any civil Governor or Lieutentant Governor officer, he may, by proclamation, conshall be tried the Chief Justice of the vene the House of Representatives for Sec. 16. In each organized county there shall be a court of probate. It shall have such probate jurisdiction, IMPEACHMENTS AND REMOVALS FROM OFFICE. powers and duties as shall be prescribed by law. Other jurisdiction, civil and criminal, may also be conferred on any one or more courts of probate. Judges of probate shall hold their offices for a term of four years, and shall be elected by the electors of their respective counties or districts, as shall be provided by law. Sec. 17. There shall be not exceeding four justices of the peace in each that purpose; and if the House, when the amounts due to educational funds, levied on such property as shall be to and constitute a part of the primary Sec. 13. All assessments hereafter ARTICLE X. Sec. 16. A full account of the State indebtedness, and an accurate statement of receipts and expenditures of the public money, shall be attached to, and published with the laws passed at every regular session of the Legislature. Sec. 17. The State shall not assume any indebtedness of a county, township or city.. ARTICLE XII. EDUCATION. Sec. 6. The State may contract debts to repel invasion, suppress insurrection, or defend the State in time of war. SECTION 1. Religion, morality and The money arising from the contract-knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. receive an annual salary of two thou- Sec. 5. The State may contract debts ARTICLE XI. FINANCE AND TAXATION. Sec. 7. No money shall be paid out of the State treasury, except in pursuance of appropriations made by law. Sec. 2. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported. Sec. 3. The Legislature shall provide for a system of primary schools, by which a school shall be maintained in each school district in the State, free of charge for tuition, at least four months in the year. The instruction shall in all cases be conducted in the English language. Sec. 2. The Governor, Secretary of Sec. 10. The State shall not subscribe Sec. 4. The Legislature shall proState, State Treasurer, Commissioner to, or be interested in the stock of any vide for the establishment and mainof the State Land Office and Auditor company, association or corporation. tenance of a library in each township, General shall superintend in person Sec. 11. The State shall not be a and of at least one in each city. And the duties of their respective offices. party to, or be interested in any work all moneys belonging to the public of internal improvement, except the derived from fines, penalties, forfeitship canal at the Sault Ste. Marie, nor ures or recognizances, imposed or taken engage in carrying on any such work, in the several counties, cities or townSECTION 1. All specific State taxes otherwise than in the expenditure of ships, for any breach of the penal laws shall be applied in paying the interest grants to the State, of land or other of the State, after deducting the actual on primary school, university and other property. costs of collection, shall be apportioneducational funds, and the interest and Sec. 12. The Legislature shall pro-ed in the same manner, as is the inprincipal of the State debt, in the vide a uniform rule of taxation, except come of the primary school fund, and order herein recited, until the extin- on property, business and corporations paid over to the several cities and townguishment of the State debt, other than paying specific taxes. Taxes shall be ships of the county in which such mon tion. ey accrued, for the support of such ly applied to the specific objects of a county treasurer, a register of deeds, libraries: Provided, That the Legisla- the original gift, grant or appropria- a prosecuting attorney, and such other ture may authorize any township, by a officers as may be provided by law, vote of its electors, to apply its por- Sec. 11. All lands, the title of which chosen by the electors thereof once in tion of said money to the direct sup- shall fail from a defect of heirs, shall two years, and as often as vacancies port of its primary schools. escheat to the State; and the interest shall happen, whose duties and powers Sec. 5. There shall be elected eight on the clear proceeds from the sale shall be prescribed by the Legislature. regents of the University, whose term thereof, shall be appropriated exclu- The board of supervisors in any county of office shall be eight years, two of sively to the support of primary may unite the offices of county clerk whom shall be elected in every second schools. and register of deeds in one office, or disconnect the same. year, on the day of the annual township election, so as to succeed the regents now in office, as their several terms shall expire. When a vacancy shall ARTICLE XIII. Sec. 6. The sheriff shall hold no Sec. 5. The sheriff, county clerk, county treasurer, judge of probate, and SECTION 1. The militia shall be com-register of deeds, shall hold their offices occur in the office of regent, it shall posed of all able bodied male citizens at the couty seat. be filled by appointment by the Gov- between the ages of eighteen and fortyernor. The chief justice of the Su-five years, except such as are exempt- other county office, nor the office of preme Court shall be ex officio a mem-ed by the laws of the United States, supervisor. No person shall be eligible or of this State; but all citizens of any to the office of sheriff for more than ber of the board of regents. Sec. 6. The regents of the Univer- religious denomination, who, from scru- four in a period of six years. sity and their successors in office, shall ples of conscience, may be averse to county shall never be responsible for continue to constitute the body corpo- bearing arms, shall, in time of peace, his acts. rate, known by the name and title of be excused therefrom upon such terms "the Regents of the University of and conditions as shall be prescribed by law. Michigan. Sec. 2. The Legislature shall provide Sec. 7. The regents of the University shall, as often as necessary, elect a pres- by law for organizing, equipping and ident of the University, who shall be disciplining the militia in such manex officio a member of their board, ner as they shall deem expedient, not with the privilege of speaking but not incompatible with the laws of the Uniof voting. He shall preside at the ted States. Sec. 3. Officers of the militia shall be meetings of the regents, and be the principal executive officer of the Uni-elected or appointed, and be commisversity. The board of regents shall sioned in such manner as may be prohave the general supervision of the vided by law. University, and the direction and control of all expenditures from the University interest fund. ARTICLE XIV. COUNTIES. The Sec. 7. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. Sec. 8. Cities shall have such representation in the board of supervisors as the Legislature may direct; and one or more additional representatives on the board may be allowed by the Legislature to townships containing not less than three thousand inhabitants. Sec. 9. No county seat, once established, shall be removed until the place to which it is proposed to be removed shall be designated by a majority of the members elect of the board of supervisors of the county, and two-thirds of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law. Sec. 10. The board of supervisors of any county may borrow, or raise by tax, a sum not exceeding one and onehalf mill upon the dollar, of the assessed valuation thereof, for constructing or repairing public buildings, highways or bridges; but no greater sum shall be borrowed, or raised by tax, for such purpose, in any one year, unless authorized by a majority of the electors of such county voting thereon. SECTION 1. Each organized county Sec. 8. There shall be elected three shall be a body corporate, with such members of a State board of educa-powers and immunities as shall be estion, whose term of office shall be six tablished by law. All suits and proyears, one of whom shall be elected in ceedings, by or against a county, shall every second year, at the time of the be in the name thereof. election of regents of the University. Sec. 2. No new county shall be orThey shall enter upon the duties of ganized without submitting the questheir office on the first day of January tion to a vote of the electors residing next succeeding their election. The therein, nor unless a majority voting Superintendent of Public Instruction thereon shall vote for the same. shall be ex officio a member and sec- Sec. 3. No new county, containing retary of such board. The board shall less than sixteen towns, as surveyed by have the general supervision of the the United States, shall be organized State normal school, and their duties from one or more counties, nor shall shall be prescribed by law. any organized county be reduced by Sec. 9. The Legislature shall pro-, the organization of new counties to vide for the support and maintenance less than sixteen such towns, unless in of an agricultural college, for instruc- pursuance of law, a majority of the Sec. 11. The board of county audition in agriculture, and the natural votes cast by the electors residing in tors, in the county of Wayne, and in sciences connected therewith. the county, or each of the counties to such other counties as may be authorSec. 10. The proceeds from the sale be thereby so reduced below sixteen ized by law to elect county auditors, of all lands that have been or hereaf- townships, shall be in favor of such or- and in every other county the board ter may be granted by the United ganization: Provided, That nothing of supervisors, shall, except as otherStates to the State for educational herein contained shall be so construed wise provided by law, have power to purposes, and the proceeds of all lands as to prevent the Legislature from or- prescribe the compensation due for all or other property given by individuals, ganizing any county composed wholly services rendered for, and adjust all or appropriated by the State for like of islands within the territory of the claims against their respective counties, purposes, shall be and remain a per- State, or discontinuing any such county, and such determination and adjustpetual fund, the interest and income and attaching the same to the nearest ment shall be subject to no appeal. of which, together with the rents of all county or counties on the main land. Supervisors and county auditors shall such lands as may remain unsold, shall Sec. 4. In each organized county receive for their services such compenbe inviolably appropriated and annual- there shall be a sheriff, a county clerk, sation as shall be prescribed by law. ARTICLE XV. TOWNSHIPS. stocks of this State, or of the United land not his own, and claiming the same SECTION 1. There shall be elected annually, on the first Tuesday of March, in each organized township, one supervisor, one township clerk, one town- Sec. 4. In case of the insolvency of ship treasurer, one school inspector, any bank or banking association, the one commissioner of highways, not ex-bill-holders shall be entitled to prefceeding four constables, one overseer erence in payment, over all other credof highways for each highway district, itors of such bank or association. and such other township officers as the Sec. 5. The Legislature shall pass Legislature may by law provide, who no law authorizing or sanctioning the shall hold their offices until their suc- suspension of payments by any corpocessors are elected and qualified, and ration. whose terms of office, powers and duties shall be prescribed by law. Sec. 2. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings, by or against a township, shall be in the name thereof. ARTICLE XVI. * CITIES AND VILLAGES. SECTION 1. The Legislature shall provide for the incorporation of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit. Sec. 2. The mayor and aldermen of cities, and the president and trustees of villages, shall be elected, and all other officers shall be elected or appointed at such time, and in such manner as the Legislature may direct. ARTICLE XVII. CORPORATIONS OTHER THAN MUNICIPAL. SECTION 1. Organizations for the construction of railroads, for the purpose of banking, insurance, mining, telegraphing, transacting business as common carriers, and religious societies, shall be incorporated only under general laws. No special charter shall be granted, nor shall the franchises given thereby be enlarged without the assent of two-thirds of the members elect to each House. Every act passed pursuant to this section, may be amended, altered or repealed by a majority vote of the members elect to each House. Sec. 6. The Legislature shall pass no law altering or amending any act of incorporation granted prior to the first day of January, eighteen hundred and fifty-one, without the assent of twothirds of the members elected to each House. No such act shall be renewed or extended. Sec. 4. If the owner of a homestead die, or desert his family, leaving a widow, wife or children, such homestead shall be exempt from the payment of his debts so long as the widow shall be without other homestead of her own, and during the minority of the children, or while the deserted wife shall occupy said homestead. Sec. 5. The real and personal estate of every woman, acquired before marriage, and the property to which she may afterwards become entitled, by gift, grant, inheritance or devise, shall Sec. 7. No corporation shall hold be and remain the estate and property any real estate for a longer period than of such woman, and shall not be liable ten years from the time of acquiring for the debts, obligations or engagethe same, unless such real estate shall ments of her husband, and may be be actually occupied by such corpora- devised, bequeathed and alienated by tion in the exercise of its franchises. her, as if she were unmarried. No real estate shall hereafter be with held from market for a longer period ARTICLE XIX. MISCELLANEOUS PROVISIONS. SECTION 1. Members of the Legisla Sec. 8. The stockholders in any ture, and all officers, executive and corporation shall be individually liable judicial, shall, before they enter on for all labor done in behalf of such the duties of their respective offices, corporation during the time of their take and subscribe the following oath being such stockholders, equally and or affirmation: "I do solemnly swear ratably to the extent of their respective shares in the stock of such corporation. ARTICLE XVIII. EXEMPTIONS. SECTION 1. The personal property of (or affirm) that I will support the best of my ability." Sec. 2. Judicial and legislative proceedings shall be conducted, and the laws and public records promulgated and preserved in the English language. shall provide that whenever such moneys are deposited with any person or corporation, the interest thereon shall be paid to the fund to which such moneys belong. Sec. 3. The Legislature shall prohibit public officers, receiving or having charge of public moneys, from using or employing the same in any manner Sec. 2. The stockholders of every ing forty acres of land, and the dwell- for their private use or benefit, and corporation or association for banking ing house thereon, and the appurtepurposes, issuing bank notes or paper nances, to be selected by the owner credits, to circulate as money, shall thereof, owned and occupied by any be individually liable for all debts con-resident of this State, not exceeding in tracted during the term of their being value twenty-five hundred dollars, stockholders of such corporation or shall be exempt from forced sale for Sec. 4. Private property shall not be association, equally and ratably to the the collection of any debt on execu- taken for public use, or for private extent of their respective shares of tion or other final process of any roads, without the consent of the stock in any such corporation or as-court. Such exemption shall not ex- owner, unless the necessity for such tend to any mortgage thereon lawfully taking, and the just compensation to Sec. 3. The Legislature shall pro- obtained, but such mortgage or other be paid therefor, shall have first been vide for the registry of all bills or notes alienation of such land, by the owner ascertained and determined, and the issued or put in circulation as money, thereof, if a married man, shall not be compensation therefor paid or tendered by any bank organized under the laws valid without the signature of the wife in such manner as shall be prescribed of this State, and shall require secu-to the same. by law. Whenever private property shall be taken for any purpose without the limits of any incorporated city sociation. rity to the full amount of notes and Sec. 3. Any resident of this State, bills so registered, in interest-bearing owning and occupying a house on or village, except a public highway, SECTION 1. The common law and the year one thousand eight hundred and the necessity for the taking thereof, statute laws now in force, not repug- sixty-nine. The laws now in force as and the amount of compensation to nant to this Constitution, shall remain to the election, qualifications and du be paid therefor, shall be first ascer-in force until they expire by their own ties of township officers, except as tained and determined by a jury of limitation, or are altered or repealed changed by this Constitution, sha'l twelve freeholders, or three commis- by the Legislature. continue in force until altered or repealed by the Legislature. sioners appointed by a court of record; Sec. 2. All writs, actions, causes of and whenever such property shall be action, prosecutions and rights of in- Sec. 8. The present Governor and taken within the limits of any incor-dividuals and of bodies corporate, and other State officers, and the present porated city or village, the amount of of the State, and all charters of incor- Judges of the Supreme and Circuit compensation to be paid therefor shall poration, shall continue; and all indict- Courts, shall continue to hold their be first ascertained and determined ments and informations which shall respective offices until the expiration by a jury of twelve freeholders. have been found or filed, or which of the term for which they were elecSec. 5. The Legislature may author- may hereafter be found or filed, for ted. The present members of the ize the construction of dams across any crime or offense committed before State Board of Education, shall sevnavigable streams, and the improve- the adoption of this Constitution, may erally continue to hold their respecment of the navigation thereof; but be proceeded upon as if no change had tive offices until their successors are such authority shall not interfere with taken place. The several courts, except elected and qualified according to law. the public right to the use of any as herein otherwise provided, shall Sec. 9. The probate courts, the courts such stream for any purpose of which continue with the like powers and of justices of the peace, and all poit was susceptible before such dam jurisdiction, both at law and in equity, lice courts, shall continue to exercise was built or improvement made. as if this Constitution had not been the jurisdiction and powers now conadopted, and until the organization of ferred upon them respectively,, until the judicial department under this otherwise provided by law. Constitution. ARTICLE XX. AMENDMENT AND REVISION OF THE CONSTITUTION. or amendments shall be entered on Sec. 11. The Attorney General and Judges of the Supreme Court are required to prepare and report to the Legislature, at the commencement of the next session, such changes and modifications in existing laws as may be deemed necessary to adapt the same to this Constitution, and as may be best calculated to carry into effect its provisions. Sec. 10. It shall be the duty of the SECTION 1. Any amendment or Sec. 3. All fines, penalties, forfeit- Legislature, at its first session after amendments to this Constitution may be proposed in the Senate or House ures and escheats, accruing to the the adoption of this Constitution, to of Representatives. If the same be State under the present Constitution adapt the present laws to the provisand laws, shall accrue to the use of the ions of this Constitution. agreed to by two-thirds of the members elected to each House, such amendment State under this Constitution. Sec. 4. All recognizances, bonds, obtheir journals respectively, with the ligations, and all other instruments yeas and nays taken thereon, and the entered into or executed before the same shall be submitted to the electors adoption of this Constitution, to the at such time as the Legislature shall people of this State, or to any State, prescribe. And if a majority of the county or township, or any public offielectors, qualified to vote for members cer, or public body, or which may be of the Legislature, voting on the amend-entered into or executed under existing ment or amendments proposed, shall laws, "to the people of this State," to Sec. 12. Any territory attached, ratify and approve such amendment any such officer or public body, beor amendments, the same shall before the complete organization of the that may be attached to any county departments of government under this for judicial purposes, if not otherwise Sec. 2. At any time after the first Constitution, shall remain binding and represented, shall be considered as day of January, A. D. one thousand valid, and rights and liabilities upon forming a part of such county, so far eight hundred and eighty, the Legis- the same shall continue, and may be as regards elections for the purpose of lature may provide for a Convention prosecuted as provided by law. And representation. to revise or amend the Constitution. all crimes and misdemeanors, and peThe question of the revision or amend-nal actions, shall be prosecuted, tried submitted to the people for their adopment shall be submitted to the electors and punished, as though no change tion or rejection, on the first Monday qualified to vote for members of the had taken place, until otherwise pro- in April, in the year one thousand eight hundred and sixty-eight; and it shall Legislature, in such manner as may Sec. 5. All officers, civil and military, be the duty of the Secretary of State, be provided by law. And in case a come a part of the Constitution. vided by law. or Sec. 13. This Constitution shall be majority of the electors voting at such now holding any office or appoint- and all other officers required to give election, on such question, shall decide ment, shall continue to hold their re- or publish any notice in regard to genin favor of a Convention for such pur-spective offices, unless removed by com-eral elections, to give notice as proviin favor of a Convention for such pur-petent authority, until superseded un- ded by law in case of an election for pose, the Legislature, at the next ses-der the laws now in force, or under Governor, that this Constitution has sion thereafter, shall provide by law this Constitution. for the election of Delegates to such Convention. All amendments shall take effect at the commencement of the year after their adoption, except as otherwise provided by law, or by this Constitution. SCHEDULE. That no inconvenience may arise from the changes in the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared Vol. 2-No. 128. been duly submitted to the electors for See. 6. The members of the Senate their adoption or rejection on that day. and House of Representatives of the The elections in cities wherein there are Legislature of the year one thousand no elections held annually in the month eight hundred and sixty-seven, shall of April, shall be held and conducted, continue in office under the provisions as near as may be, in the same manner of law, until superseded by their suc- as in the case of elections for judges cessors, elected and qualified under of the Supreme Court or regents of this Constitution. the University. Every newspaper Sec. 7. All county officers, unless within this State, publishing, in the removed by competent authority, shall month of January next, this Constitucontinue to hold their respective offices tion as submitted, shall receive as a until the first day of January, in the compensation therefor the sum of |