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CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

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such successor shall hold his office for

the residue of the unexpired term. 5. The Supreme Court shall appoint [See Art. VI, Sec. 12.]

Sec. 14. The clerk of each county ortheir clerk or clerks; and the electors

ganized for judicial purposes, shall be of each county shall elect a clerk, to

clerk of the circuit court of such county. be denominated a county clerk, who

The judges of the circuit courts within shall hold his office for the term of

their respective jurisdictions, may fill two years, and shall perform the duties

vacancies in the offices of county clerk of clerk to all the courts of record to

and prosecuting attorney. be held in each county, except the Supreme Court and court of probate.

Sec. 9. Each of the judges of the Sec. 15. Each of the circuit and
circuit courts shall receive a salary, Supreme Court judges shall receive a
payable quarterly. They shall be salary payable quarterly. They shall
ineligible to any other than a judicial be ineligible to any other than a judi-
office during the term for which they cial office, during their continuance
are elected, and for one year there- therein. All votes given for such judges,
after. All votes for any person elected for any office other than judicial, either
such judge, for any office other than by the Legislature or the people, shall
judicial, given either by the Legisla- be void.
ture or the people, shall be void.

Sec. 10. The Supreme Court may [See Art.: VII, Sec. 5.]
appoint a reporter of its decisions.
The decisions of the Supreme Court
shall be in writing, and signed by the
judges concurring therein. Any judge
dissenting therefrom, shall give the
reasons of such dissent in writing,
under his signature. All such opinions
shall be filed in the office of the clerk of
the Supreme Court. The judges of the
circuit court, within their respective
jurisdictions, may fill vacancies in the
office of county clerk and of prosecu-
ting attorney; but no judge of the
Supreme Court, or circuit court, shall
exercise any other power of appoint-
ment to public office. .

Sec. 11. A circuit court shall be held
at least twice in each year in every
county organized for judicial purposes,
and four times in each year in counties
containing ten thousand inhabitants.
Judges of the circuit court may hold
courts for each other, and shall do so

when required by law.
[See Art. VI, Sec. 5.]

Sec. 12. The clerk of each county [See Art. VII, Sec. 14.]
organized for judical purposes shall be
the clerk of the circuit court of such
county, and of the Supreme Court

when held within the same.
[See Art. VI, Sec. 3.]

Sec. 13. In each of the counties or- Sec. 16. In each organized county ganized for judicial purposes, there there shall be a court of probate. It shall be a court of probate. The shall have such probate jurisdiction, judge of such court shall be elected by powers and duties as shall be prethe electors of the county in which he scribed by law. Other jurisdiction, resides, and shall hold his office for civil and criminal, may also be conferfour years, and until his successor is red on any one or more courts of proelected and qualified. The jurisdiction, bate. Judges of probate shall hold powers and duties of such court shall their offices for a term of four years, be prescribed by law. ..

and shall be elected by the electors. of their respective counties or districts,

as shall be provided by law.
Sec. 14. When a vacancy occurs in

See Art. VII, Sec. 13.7
the office of judge of the Supreme,
circuit or probate court, it shall be
filled by appointment of the Governor,
which shall continue until a successor

i

CONSTITUTION OF 1835.

CONSTITUTION OF 1850..

CONSTITUTION OF 1867...

REGON

[See Art. VII, Sec. 11.]

is elected and qualified. When elected,
such saccessor shall hold his office the
residue of the unexpired term. : :

Sec. 15. The Supreme Court, the [See Art. VII, Sec. 10.]
circuit and probate courts of each
county, shall be courts of record, and
shall each have a common seal. :

Sec. 16. The Legislature may pro-
vide by law for the election of one or
more persons in each organized county,
who may be vested with judicial pow-
ers not exceeding those of a judge of

the circuit court at chambers. 6. Each township may elect four Sec. 17. There shall be not exceeding Sec. 17. There shall be not exceedjustices of the peace, who shall hold four justices of the peace in each ing four justices of the peace in each their offices for four years; and whose organized township. They shall be organized township, who shall be powers and duties shall be defined and elected by the electors of the townships, elected by the electors of the township, regulated by law. At their first elec- and shall hold their offices for four and shall hold their office for four tion they shall be classed and divided years, and until their successors are years, and until their successors are by lot into numbers one, two, three and elected and qualified. At the first elected and qualified. A justice elected four, to be determined in such manner election in any townships, they shall to fill a vacancy, shall hold his office as shall be prescribed by law, so that be classified as shall be prescribed by for the residue of the unexpired term. one justice shall be annually elected in law. A justice elected to fill a vacancy The Legislature may increase the numeach township thereafter. A removal shall hold his office for the residue of ber of justices in cities. of any justice from the township in the unexpired term. The Legislature which he was elected, shall vacate his may increase the number of justices in office. In all incorporated towns or cities. cities, it shall be competent for the Legislature to increase the number of justices.

Sec. 18. In civil cases, justices of the Sec. 18. Justices of the peace shall peace shall have exclusive jurisdiction have such civil and criminal jurisdicto the amount of one hundred dollars, tion, and perform such duties as shall and concurrent jurisdiction to the be prescribed by law. amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction, and perform such duties as shall be prescribed by the Legislature.

Sec. 19. Judges of the Supreme Court, circuit judges and justices of the peace, shall be conservators of the peace within their respective jurisdictions.

Sec. 20. The first election of judges of the circuit courts shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judges at the regular elections herein provided.

Sec. 21. The first election of judges
of the probate courts shall be held on
the Tuesday succeeding the first Mon-
day of Novenaber, one thousand eight
hundred and fifty-two, and every fourth
year thereafter.

Sec. 22. Whenever a judge shall re [See Art. VII, Sec. 12. )
move beyond the limits of the jurisdic-
tion for which he was elected, or a justice
of the peace from the township in which
he was elected, or by a change in the
boundaries of such township, shall be
placed without the same, they shall be

:

Re

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See Art. II, Sec. 9.]

[See Art. I, Sec. 7.]

[See Art. II, Sec. 4.]

[See Art. I, Sec. 8.]

[See Art. II, Sec. 10.]

[See Art. I, Sec. 9.]

[See Art. II, Sec. 7.]

[See Art. I, Sec. 10.]

deemed to have vacated their respective offices.

Sec. 23. The Legislature may establish courts of conciliation, with such powers and duties as shall be prescribed by law...

Sec. 24. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice.

Sec. 25. In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact.

Sec. 26. The person, houses, papers, and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

Sec. 27. The right of trial by jury. shall remain, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law. .

Sec. 28. In every criminal prosecution the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.

Sec. 29. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.

Sec. 30. Treason against the State shall consist only in lovying war against [it] or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court. .. . :Sec. 31. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted, nor shall witnesses be unreasonably detained.

Sec. 32. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived

[See Art. II, Sec. 8.]

[See Art. I, Sec. 12.]

[See Art. II, Sec. 11.]

[See Art. I, Sec. 16.]

[See Art. II, Seo. 12.]

** [See Art. I, Sec. 18.]

[See Art. II, Sec. 13.]

[See Art. I, Sec. 11.).

[See Art. II, Sec. 14.]

CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

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of life, liberty or property, without due
process of law.

Sec. 33. No person shall be impris [See Art. II, Sec. 15.]
oned for debt, arising out of or founded
on a contract, expressed or implied,
except in case of fraud or breach of
trust, or of moneys collected by public
officers or in any professional employ-|
ment. No person shall be imprisoned
for a militia fine in time of peace.

Sec. 34. No person shall be rendered
incompetent to be a witness on account
of his opinions in matters of religious

belief. 7. The style of all process shall be: Sec. 35. The style of all process Sec. 19. The style of all process shall « In the name of the people of the shall be: “In the name of the People be: “In the name of the People of State of Michigan," and all indict- of the State of Michigan."

the State of Michigan.”. ments shall conclude, "against the peace and dignity of the same."

Sec. 20. Two-thirds of the members elect to each House of the Legislature may require the opinion of the Supreme Court upon important questions of

constitutional law." ARTICLE VII. ..

ELECTIONS. [See Art. II, Sec. 1.]

SECTION 1. In all elections, every [See Art. III, Sec. 1.] .. . white male citizen, every white male inhabitant residing in the State on the twenty-fourth day of June, one thousand, eight hundred and thirty-five; every white male inhabitant residing in the State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in the State three months and in the township or ward in which he offers to vote, ten days next preceding such election: Provid [See Art. III, Sec. 2.] ed, that in time of war, insurrection or rebellion, no qualified elector, in the actual military service of the United States, or of this State, in the army or navy thereof, shall be deprived of his vote, by reason of his absence from the township, ward or State in which he resides; and the Legislature shall have the power, and shall provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and return of their votes, to the township or ward election district in which they respectively reside, or otherwise.*

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*Amendment proposed by the Legislature of 1865, ap. proved by the people at general election of 1866- yotes Tor, 86,854; against, 13,004

CONSTITUTION OF 1835.

CONSTITUTION OF 1867.

[See Art. II, Sec. 2.)

Sec. 2. All votes shall be given by [See Art. III, Sec. 3.] ·
ballot, except for such township offi-
cers as may be authorized by law to

be otherwise chosen.
[See Art. II, Sec. 3.]

Sec. 3. Every elector in all cases ex [See Art. III, Sec. 4.]
cept treason, felony, or breach of the
peace, shall be privileged from arrest
during his attendance at election, and
in going to and returning from the

same.
[Soe Art. II, Sec. 4.]

Sec. 4. No elector shall be obliged to [See Art. III, Sec. 5.]
do military duty on the day of elec-
tion, except in time of war or public
danger, or attend court as a suitor or

witness.
[See Art. II, Sec. 5.]

Sec. 5. No elector shall be deemed [See Art. III, Sec. 6.]
to have gained or lost a residence by
reason of his being employed in the
service of the United States, or of this
State; nor while engaged in the naviga-
tion of the waters of this State or
of the United States, or of the
high seas; nor while a student of any
seminary of learning; nor while kept
at any alms-house or other asylum at
public expense; nor while confined in
any public prison.
Sec. 6. Laws may be passed to pre-

[See Art. III, Séc. 7.]
serve the purity of elections, and
guard against abuses of the elective

franchise.
[See Art. II, Seo. 6.]

Sec. 7. No soldier, seaman, nor ma [See Art, III, Sec. 8.] rine in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed in any military or naval place within the same. 1 Sec. 8. An inhabitant who may here · [See Art. III, Sec. 10.]:. after be engaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the Constitution and laws of this State, and shall not be permit

ted to vote at any election. ARTICLE VII. ARTICLE VIII.

ARTICLE VII. CERTAIN STATE AND COUNTY OFFICERS.

STATE OFFICERS.

STATE OFFICERS. 1. There shall be a Secretary of SECTION 1. There shall be elected at · SECTION 1. There shall be elected at State, who shall hold his office for two each general biennial election, a Sec- each general biennial election, a Secreyears, and shall be appointed by the retary of State, & Superintendent of tary of State, a State Treasurer, a Governor, by and with the advice and Public Instruction, a State Treasurer, Commissioner of the State Land Office, consent of the Senate. He shall keep a Commissioner of the Land Office, a Superintendent of Public Instruca fair record of the official acts of the an Auditor General, and an Attorney tion, an Auditor General and an Atlegislative and executive departments General, for the term of two years. torney General, for the term of two of the government; and shall, when They shall keep their offices at the seat years, each of whom shall keep his office required, lay the same, and all matters of government, and shall perform such at the seat of government, and shall relative thereto, before either branch duties as may be prescribed by law. perform such duties as may be preof the Legislature; and shall perform

scribed by law. such other duties as shall be assigned · him by law.

2. A State Treasurer shall be appointed by a joint vote of the two Houses of the Legislature, and shall hold his office for the term of two years.

3. There shall be an Auditor General and an Attorney General for the State, and a prosecuting attorney for each of the respective counties, who

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