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CONSTITUTION OF 1835.
CONSTITUTION OF 1850.
CONSTITUTION OF 1867.
either pardon or commute the sen- don or commute the sentence, direct.
don granted, and the reasons therefor. him, and the reasons therefor. ..
13. In case of the impeachment of Sec. 12. In case of the impeachment Sec. 12. In case of the impeachment the Governor, his removal from office, of the Governor, his removal from of- of the Governor, his removal from ofdeath, resignation, or absence from the fice, death, inability, resignation, or ab- fice, death, inability, resignation or abState, the powers and duties of the sence from the State, the powers and sence from the State, the powers and office shall devolve upon the Lieuten- duties of the office shall devolve upon duties of the office shall devolve upon ant Governor until such disability shall the Lieutenant Governor for the reši- the Lieutenant Governor for the resicease, or the vacancy be filled. due of the term, or until the disability due of the term, or until the disability
ceases. When the Governor shall be cease. But when the Governor shall out of the State in time of war, at the be absent from the State, at the head
head of a military force thereof, he of a military force thereof, he shall : shall continue commander-in-chief of continue to be Commander-in-Chief.
all the military force of the State. 14. If, during the vacancy of the Sec. 13. During a vacancy in the of- 'Sec. 13. During a vacancy in the office of Governor, the Lieutenant fice of Governor, if the Lieutenant office of Governor, if the Lieutenant Governor shall be impeached, displa- Governor die, resign, be impeached, Governor die, resign, be impeached, ced, resign, die, or be absent from the displaced, be incapable of performing displaced, be incapable of performing State, the President of the Senate, pro the duties of his office, or absent from the duties of his office, or absent from tempore, shall act as Governor, until the State, the President pro tempore of the State, the President pro tempore of the vacancy be filled.
the Senate shall act as Governor, until the Senate shall act as Governor until the vacancy be filled, or the disability the vacancy be filled or the disability cease.
cease. 15. The Lieutenant Governor shall, Sec. 14. The Lieutenant Governor Sec. 14. The Lieutenant Governor by virtue of his office, be President of shall, by virtue of his office, be Presi- shall, by virtue of his office, be Presithe Senate; in committee of the whole, dent of the Senate. In committee of dent of the Senate, and when there ho may debate on all questions; and the whole he may debate all questions; is an equal division he shall give the when there is , an equal division, he and when there is an equal division he casting vote. In committee of the shall give the casting vote. shall give the casting vote.
whole, he may debate all questions. : 16. No member of Congress, nor any Sec. 15. No member of Congress, Sec. 15. No member of Congress,
other person holding office under the nor any person holding office under the nor any person holding office under United States, or this State, shall exe- United States, or this State, shall exe- the United States, or other office of this cute the office of Governor. cute the office of Governor.
State, shall exécute the office of Govo:
ernor. 17. Whenever the office of Governor or Lieutenant Governor becomes yacant, the person exercising the powers of Governor for the time being shall give notice thereof, and the electors shall, at the next succeeding annual election for members of the Legislature, choose a person to fill such vacancy.
Sec. 16. No person elected Governor Sec. 16. No person elected Governor or Lieutenant Governor shall be eligi- or Lieutenant Governor shall receive ble to any office or appointment from any office or appointment from the * the Legislature, or either House there- Legislature, or either House thereof, of, during the time for which he was during the time for which he was elected. All votes for either of them, elected. All votes for either of them, for any such office, shall be void. - for any such office or appointment,
shall be poid. 18. The Governor shall, at stated . . (See Art. IX, Sec. 1.)
:.: (See Art. X, Sec. 1.] times, receive for his services a compensation, which shall neither be increased
nor diminished during the term for which he has been elected.
19. The Lieutenant Governor, ex [See Art. IV, Sec. 17.] . [See Art. V, Sec. 12.] cept when acting as Governor, and the President of the Senate pro tempore, shall each receive the same compensation as shall be allowed to the Speaker of the House of Representatives.
Séc. 17. The Lieutenant Governor] Sec. 17. The Lieutenant Governor and President of the Senate pro tem- and President of the Senate pro tem.. pore, when performing the duties of pore, when performing the duties of Governor, shall receive the same com- Governor, shall receive the same compensation as the Governor.
; pensation as the Governor. 20. A great seal for the State shall be Sec. 18. All official acts of the Gov- Sec. 18. All official acts of the Govprovided by the Governor, which shall ernor, his approval of the laws except- ernor, his approval of the laws excontain the device and inscriptions rep-ed, shall be authenticated by the great cepted, shall be authenticated by the resented and described in the papers seal of the State, which shall be kept great seal of the State, which shall be relating thereto, signed by the president by the Secretary of State.
kept by the Secretary of State. of the convention, and deposited in the office of the Secretary of the Territory.. . It shall be kept by the Secretary of ..
State; and all official acts of the Gov- ernor, his approbation of the laws excepted, shall be thereby authenticated.
21. All grants and commissions shall Sec. 19. All commissions issued to Sec. 19. All commissions issued to be in the name and by the authority of persons holding office under the pro- persons holding office under the prothe people of the State of Michigan. | visions of this Constitution, shall be in visions of this Constitution, shall be in
the name and by the authority of the the name and by the authority of the people of the State of Michigan, sealed people of the State of Michigan, with the great seal of the State, signed sealed with the great seal of the State, by the Governor, and countersigned by signed by the Governor and counterthe Secretary of State.
signed by the Secretary of State.
JUDICIAL DEPARTMENT. 1. The judicial power shall be vested SECTION 1. The judicial power is: SECTION 1. The judicial power shall in one Supreme Court and in such vested in one Supreme Court, in cir- be vested in a Supreme Court, in cirother courts as the Legislature may cuit courts, in probate courts, and in cuit courts, probate courts, justices of from time to time establish.
justices of the peace. Municipal the peace, and in such other courts courts of civil and criminal jurisdic- and tribunals as shall be authorized tion may be established by the Legis- by law.
lature in cities. 2. The Judges of the Supreme Sec. 2. For the term of six years, Sec. 2. The Supreme Court is conCourt shall hold their offices for the and thereafter, until the Legislature tinued, subject to the provisions of this term of seven years; they shall be otherwise provide, the judges of the article. The Legislature shall provide nominated, and by and with the ad- several circuit courts shall be judges of for the election of one additional judge, vice and consent of the Senate, ap- the Supreme Court, four of whom shall so that the court shall consist of five pointed by the Governor.* They shall constitute a quorum. A concurrence members, and for a classification of receive an adequate compensation, of three shall be necessary to a final judges, so that one shall go out of ofwhich shall not be diminished during decision. After six years, the Legisla-fice every two years. The judge havtheir continuance in office. But they ture may provide by law for the organ- ing the shortest time to serve shall be shall receive no fees nor perquisites ization of a Supreme Court, with the Chief Justice during the remainder of of office, nor hold any other office of jurisdiction and powers prescribed in his term of office. The term of office profit or trust under the authority of this Constitution, to consist of one of a judge of the Supreme Court shall this State, or of the United States. chief justice and three associate jus- be ten years.
tices, to be chosen by the electors of
shall be eight years.
[See Art. VII, Sec. 16.] tablished in each of the organized counties.
shoke during the term oft shal
*See note to Art, VII, Seo, 8.
shall be a her the Supreme kou le of the
CONSTITUTION OF 1835.
CONSTITUTION OF 1867.
Sec. 3. The Supreme Court shall Sec. 3. The Supreme Court shall have a general superintending control have a general superintending control over all inferior courts, and shall have over all other courts and tribunals, power to issue writs of error, habeas and also such appellate jurisdiction corpus, mandamus, quo warranto, pro- as shall be provided by law; and to cedendo, and other original and reme- that end may issue writs of error, cerdial writs, and to hear and determine tiorari, mandamus, procedendo, prothe same. In all other cases it shall hibition, and all other appropriate have appellate jurisdiction only. : writs and process. It shall also have
original jurisdiction in cases of man- :
shall be appellate only. .
districts of the Lower Peninsula of the State, at such times and places as shall.
be provided by law. 4. Judges of all county courts, associate judges of circuit courts, and judges of probate, shall be elected by the qualified electors of the county in which they reside, and shall hold their offices for four years. [See Art. VI, Sec. 5.]
Sec. 5. The Supreme Court shall, by Sec. 5. The Supreme Court'shall, by general rules, establish, modify, and general rules, establish, modify and amend the practice in such court and amend its practice, and may also make in the circuit courts, and simplify the all rules that may be necessary for same. The Legislature shall, as far as the exercise of its appellate jurisdicpracticable, abolish distinctions be- tion. It may appoint its own clerks, tween law and equity proceedings. and a reporter of its decisions. A The office of master in chancery is pro- concurrence of three judges of said hibited.
court shall be necessary to & final
decision. Sec. 6. The State shall be divided Sec. 6. The State shall be divided into eight judicial circuits; in each of into five judicial districts, four of which which the electors thereof shall elect shall consist of contiguous territory in one circuit judge, who shall hold his the Lower Peninsula; the fifth shall office for the term of six years and embrace the Upper Peninsula and until his successor is elected and qual- such portion of the lower contiguous ified.
thereto as shall be designated. Each judicial district shall be subdivided into circuits of at least two in number: In each circuit there shall be elected by the electors thereof, one Circuit Judge, who shall be a resident of the judicial district in which such circuit is formed, who shall hold his office for the term of eight years. It shall be the duty of all the circuit judges to meet at least once in two years, to establish uniform rules of practice in the circuit courts, and to modify the same.
Sec. 7. The Legislature may provide for the holding of law terms in the several judicial districts by the judges thereof, with whom may be associated a judge of the Supreme Court. The jurisdiction and powers at such law terms shall be such as may be granted by law. The Legislature may provide for holding a term or terms of the cir.
cuit court by a judge of the Supreme
at least twice in each year, in every
such judicial districts.
spective jurisdictions. [See Art. VI, Sec. 15.]
Sec. 10. The Supreme, circuit and probate courts shall be courts of record, and shall each have a conamon 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 pre- ::
scribed by law.. . [See Art. VI, Sec. 22.] Sec. 12. Whenever a judge shall re
move 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 bo placed without the limits thereof by a change of boundaries, he shall be
deemed to have vácated his office. [See Art. VI, Sec. 14.]
Sec. 13. Whenever a vacancy occurs in the office of judge of the Supreme, circuit or probate courts, it shall be filled by appointment of the Governor, which appointment shall continue until a successor to fill such vacancy is elected and qualified. When elected,