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CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

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[See Art. VI, Sec. 12.]

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CONSTITUTION OF 1867.

such successor shall hold his office for
the residue of the unexpired term.

Sec. 14. The clerk of each county or-
ganized 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. 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 judioffice 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 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 prosecuting attorney; but no judge of the Supreme Court, or circuit court, shall exercise any other power of appointment 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.

Sec. 12. The clerk of each county 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.

Sec. 13. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall be prescribed by law.

Sec. 14. When a vacancy occurs in 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

[See Art. VII, Sec. 5.]

[See Art. VII, Sec. 14.]

Sec. 16. In each organized county there shall be a court of probate. It shall have such probate jurisdiction, 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.

[See Art. VII, Sec. 13.]

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CONSTITUTION OF 1835.

6. Each township may elect four justices of the peace, who shall hold their offices for four years; and whose powers and duties shall be defined and regulated by law. At their first election they shall be classed and divided by lot into numbers one, two, three and four, to be determined in such manner as shall be prescribed by law, so that one justice shall be annually elected in each township thereafter. A removal of any justice from the township in which he was elected, shall vacate his office. In all incorporated towns or cities, it shall be competent for the Legislature to increase the number of justices.

CONSTITUTION OF 1850..

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

Sec. 15. The Supreme Court, the
circuit and probate courts of each
county, shall be courts of record, and
shall each have a common seal.

Sec. 16. The Legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers not exceeding those of a judge of the circuit court at chambers.

CONSTITUTION OF 1867.

[See Art. VII, Sec. 10.]

[See Art. VII, Sec. 11.]

Sec. 17. There shall be not exceeding Sec. 17. There shall be not exceedfour justices of the peace in each ing four justices of the peace in each organized township. They shall be organized township, who shall be elected by the electors of the townships, elected by the electors of the township, and shall hold their offices for four and shall hold their office for four years, and until their successors are years, and until their successors are elected and qualified. At the first elected and qualified. A justice elected election in any townships, they shall to fill a vacancy, shall hold his office be classified as shall be prescribed by for the residue of the unexpired term. law. A justice elected to fill a vacancy The Legislature may increase the numshall hold his office for the residue of ber of justices in cities. the unexpired term. The Legislature may increase the number of justices in cities.

Sec. 18. In civil cases, justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the 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 Monday of November, one thousand eight hundred and fifty-two, and every fourth year thereafter.

Sec. 22. Whenever a judge shall remove beyond the limits of the jurisdiction 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

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Sec. 18. Justices of the peace shall have such civil and criminal jurisdiction, and perform such duties as shall be prescribed by law.

[See Art. VII, Sec. 12.]

CONSTITUTION OF 1835.

[See Art. I, Sec. 7.]

[See Art. I, Sec. 8.]

[See Art. I, Sec. 9.]

[See Art. I, Sec. 10.]

[See Art. I, Sec. 12.]

[See Art. I, Sec. 16.]

[See Art. I, Sec. 18.]

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

CONSTITUTION OF 1850.

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 levying 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

CONSTITUTION OF 1867.

[See Art. II, Sec. 9.1

[See Art. II, Sec. 4.]

[See Art. II, Sec. 10.]

[See Art. II, Sec. 7.]

[See Art. II, Sec. 8.]

[See Art. II, Sec. 11.]

[See Art. II, Sec. 12.]

[See Art. II, Sec. 13.]

[See Art. II, Sec. 14.]

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CONSTITUTION OF 1850.

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

Sec. 33. No person shall be imprisoned 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 employment. 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.

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Sec. 35. The style of all process shall be: "In the name of the People | be: of the State of Michigan."

ARTICLE VII.

ELECTIONS.

SECTION 1. In all elections, every 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: Provided, 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.*

*Amendment proposed by the Legislature of 1865, approved by the people at general election of 1866-Totes for, 86,854; against, 13,094.

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CONSTITUTION OF 1835.

[See Art. II, Sec. 2.]

[See Art. II, Sec. 3.]

[See Art. II, Sec. 4.]

[See Art. II, Sec. 5.]

[See Art. II, Sec. 6.]

ARTICLE VII.

CERTAIN STATE AND COUNTY OFFICERS.

1. There shall be a Secretary of State, who shall hold his office for two years, and shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government; and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature; and shall perform such other duties as shall be assigned him by law.

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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

CONSTITUTION OF 1850.

Sec. 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.

Sec. 3. Every elector in all cases except 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.

Sec. 4. No elector shall be obliged to do military duty on the day of election, except in time of war or public danger, or attend court as a suitor or witness.

Sec. 5. No elector shall be deemed 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 navigation 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 preserve the purity of elections, and guard against abuses of the elective franchise.

Sec. 7. No soldier, seaman, nor marine 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.

Sec. 8. An inhabitant who may hereafter 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 permitted to vote at any election.

ARTICLE VIII.

STATE OFFICERS.

CONSTITUTION OF 1867.

[See Art. III, Sec. 3.]

[See Art. III, Sec. 4.]

[See Art. III, Sec. 5.]

[See Art. III, Sec. 6.)

[See Art. III, Sec. 7.]

[See Art. III, Sec. 8.]

[See Art. III, Sec. 10.]

ARTICLE VII.

STATE OFFICERS.

SECTION 1. There shall be elected at SECTION 1. There shall be elected at each general biennial election, a Sec- each general biennial election, a Secreretary of State, a Superintendent of tary of State, a State Treasurer, a Public Instruction, a State Treasurer, Commissioner of the State Land Office, a Commissioner of the Land Office, a Superintendent of, Public Instrucan Auditor General, and an Attorney tion, an Auditor General and an AtGeneral, for the term of two years. torney General, for the term of two They shall keep their offices at the seat years, each of whom shall keep his office of government, and shall perform such at the seat of government, and shall duties as may be prescribed by law. perform such duties as may be prescribed by law.

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