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CONSTITUTION OF 1835.

12. When any office, the appointment to which is vested in the Governor and Senate, or in the Legislature, becomes vacant during the recess of the Legislature, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the succeeding session of the Legislature.

13. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor until such disability shall cease, or the vacancy be filled.

14. If, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or be absent from the State, the President of the Senate, pro tempore, shall act as Governor, until the vacancy be filled.

15. The Lieutenant Governor shall, by virtue of his office, be President of the Senate; in committee of the whole, he may debate on all questions; and when there is an equal division, he shall give the casting vote.

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Sec. 12. In case of the impeachment Sec. 12. In case of the impeachment of the Governor, his removal from of- of the Governor, his removal from office, death, inability, resignation, or ab-fice, death, inability, resignation or absence from the State, the powers and sence from the State, the powers and duties of the office shall devolve upon duties of the office shall devolve upon the Lieutenant Governor for the reši- the Lieutenant Governor for the residue 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.

Sec. 13. During a vacancy in the of- 'Sec. 13. During a vacancy in the fice of Governor, if the Lieutenant office of Governor, if the Lieutenant Governor die, resign, be impeached, Governor die, resign, be impeached, displaced, be incapable of performing displaced, be incapable of performing the duties of his office, or absent from the duties of his office, or absent from the State, the President pro tempore of the State, the President pro tempore of 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

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16. No member of Congress, nor any Sec. 15. No member of Congress, other person holding office under the nor any person holding office under the United States, or this State, shall exe-United States, or this State, shall execute the office of Governor. cute the office of Governor.

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Sec. 15. No member of Congress, nor any person holding office under the United States, or other office of this State, shall execute the office of Governor.

Sec. 16. No person elected Governor or Lieutenant Governor shall receive any office or appointment from the Legislature, or either House thereof, during the time for which he was elected. All votes for either of them, for any such office or appointment, shall be void.

[See Art. X, Sec. 1.]

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Sec. 17. The Lieutenant [Governor] Sec. 17. The Lieutenant Governor and President of the Senate pro tem- and President of the Senate pro tempore, 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 Govprovided by the Governor, which shall ernor, his approval of the laws exceptcontain the device and inscriptions rep-ed, shall be authenticated by the great resented and described in the papers seal of the State, which shall be kept relating thereto, signed by the president 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 Governor, his approbation of the laws excepted, shall be thereby authenticated.

21. All grants and commissions shall be in the name and by the authority of the people of the State of Michigan.

ARTICLE VI.

JUDICIAL DEPARTMENT.

1. The judicial power shall be vested in one Supreme Court and in such other courts as the Legislature may from time to time establish.

Sec. 19. All commissions issued to persons holding office under the provisions of this Constitution, shall be in the name and by the authority of the people of the State of Michigan, sealed with the great seal of the State, signed by the Governor, and countersigned by the Secretary of State.

ARTICLE VI.

JUDICIAL DEPARTMENT.

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JUDICIAL DEPARTMENT.

SECTION 1. The judicial power is SECTION 1. The judicial power shall vested in one Supreme Court, in cir- be vested in a Supreme Court, in circuit courts, in probate courts, and in cuit courts, probate courts, justices of 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 the State. Such Supreme Court, when so organized, shall not be changed or discontinued by the Legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. Their term of office shall be eight years.

3. A court of probate shall be established in each of the organized counties.

*See note to Art, VII, Seo, 8.

[See Art. VI, Sec. 13.]

[See Art. VII, Sec. 16.]

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CONSTITUTION OF 1835.

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.]

CONSTITUTION OF 1850.

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.

Sec. 4. Four terms of the Supreme Court shall be held annually, at such times and places as may be designated by law.

writs and process. It shall also have
original jurisdiction in cases of man-
damus, habeas corpus, proceedings in
the nature of quo warranto, and pro-
ceedings by scire-facias to vacate let-
ters patent. It shall have such jurisdic-
tion of questions reserved, as shall be
provided by law. Its jurisdiction in
all cases not embraced in this article,
shall be appellate only.

Sec. 4. There shall be held at least
four terms of the Supreme Court an-
nually, one in each of the four judicial
districts of the Lower Peninsula of the
State, at such times and places as shall.
be provided by law.

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 jurisdic-
practicable, 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 a final
decision.

Sec. 6. The State shall be divided into eight judicial circuits; in each of which the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years and until his successor is elected and qualified.

Sec. 6. The State shall be divided into five judicial districts, four of which shall consist of contiguous territory in the Lower Peninsula; the fifth shall embrace the Upper Peninsula and such portion of the lower contiguous 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

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Sec. 7. The Legislature may alter
the limits of circuits or increase the
number of the same. No alteration
or increase shall have the effect to re-
move a judge from office.
In every
additional circuit established, the
judge shall be elected by the electors
of such circuit, and his term of office
shall continue as provided in this Con-
stitution for judges of the circuit
court.

[See Art. VI, Sec. 11.]

CONSTITUTION OF 1867.

cuit court by a judge of the Supreme Court.

[See Schedule, Sec. 20.]

Sec. 8. A circuit court shall be held at least twice in each year, in every county organized for judicial purposes, and at least three times in each year, in counties containing ten thousand inhabitants. The judges of circuit courts in each judicial distrtict shall hold the terms thereof, either within the circuit for which they are elected, or alternately within the judicial district, as they may elect, or as may be provided by law for either or all of such judicial districts.

Sec.. 8. The circuit courts shall have Sec. 9. The circuit courts shall have original jurisdiction in all matters, original jurisdiction in all matters civil and criminal, not excepted in this civil and criminal, not excepted in this Constitution, and not prohibited by Constitution, and not prohibited by law; and appellate jurisdiction from law; and such appellate jurisdiction all inferior courts and tribunals, and a from all inferior courts and tribunals supervisory control of the same. They as shall be provided by law, and sushall also have power to issue writs of pervisory control of the same. They habeas corpus, mandamus, injunction, shall also have power to issue writs of quo warranto, certiorari, and other habeas corpus, mandamus, injunction, writs necessary to carry into effect quo warranto, certiorari, and other their orders, judgments and decrees, writs necessary to carry into effect their and give them a general control over orders, judgments and decrees, and inferior courts and tribunals within give them general control over inferior their respective jurisdictions.

[See Art. VI, Sec. 15.]

[See Art. VI, Sec. 22.]

[See Art. VI, Sec. 14.]

courts and tribunals within their respective jurisdictions.

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, 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,

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