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Sec. 3. The Legislature shall prohibit public officers, receiving or having charge of public moneys, from using or employing the same in any manner for their private use or benefit, and 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. 14. The property of no person [See Art. II, Sec. 22.] shall be taken for public use without Sec. 4. Private property shall not be just compensation therefor. Private taken for public use, or for private roads may be opened in the manner to roads, without the consent of the be prescribed by law; but in every owner, unless the necessity for such case the necessities of the road, and taking, and the just compensation to the amount of all damage to be sus-be paid therefor, shall have first been tained by the opening thereof, shall ascertained and determined, and the be first determined by a jury of free- compensation therefor paid or tendered holders, and such amount, together with the expenses of proceedings, shall be paid by the person or persons to be benefited.

[See Art. XVIII, Sec. 2.]
[See Art. XV, Sec. 15.]

Sec. 15. No general revision of the laws shall hereafter be made. When a reprint thereof becomes necessary, the Legislature in joint convention, shall appoint a suitable person to collect together such acts and parts of acts as are in force, and without alter

in such manner as shall be prescribed by law. Whenever private property shall be taken for any purpose without the limits of any incorporated city or village, except a public highway, the necessity for the taking thereof, and the amount of compensation to be paid therefor, shall be first ascertained and determined by a jury of twelve freeholders, or three commissioners appointed by a court of record; and whenever such property shall be taken within the limits of any incorporated city or village, the amount of compensation to be paid therefor shall be first ascertained and determined by a jury of twelve freeholders.

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Sec. 5. The Legislature may authorize the construction of dams across navigable streams, and the improvement of the navigation thereof; but such authority shall not interfere with the public right to the use of any such stream for any purpose of which it was susceptible before such dam was built or improvement made.

10. The first Governor and Lieutenant Governor shall hold their offices until the first Monday of January, one thousand eight hundred and thirtyeight, and until others shall be elected and qualified; and thereafter they shall hold their office for two years, and until their successors shall be elected and qualified.

11. When a vacancy shall happen, occasioned by the death, resignation or removal from office of any person holding office under this State, the successor thereto shall hold his office for the period which his predecessor had to serve, and no longer, unless again chosen or re-appointed.

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ARTICLE XIX.

UPPER PENINSULA.

SECTION 1. The counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton and Ontonagon, and the islands and territory thereunto attached, the islands of Lake Superior, Huron and Michigan, and in Green Bay, and the Straits of Mackinac, and the River Ste. Marie, shall constitute a separate judicial district, and be entitled to a district judge and district attorney.

Sec. 2. The district judge shall be elected by the electors of such district, and shall perform the same duties, and possess the same powers, as a circuit judge in his circuit, and shall hold his office for the same period.

Sec. 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warrants for the arrest of offenders in cases of felony, to be proceeded with as shall be prescribed by law.

Sec. 4. Such judicial circuit shall be entitled at all times to at least one senator, and until entitled to more by its population, it shall have three members of the House of Representa

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CONSTITUTION OF 1835.

ARTICLE XIK

CONSTITUTION OF 1850.

tives, to be apportioned among the
several counties by the Legislature.

Sec. 5. The Legislature may provide
for the payment of the district judge
a salary not exceeding one thousand
dollars a year; and on the district at-
torney not exceeding seven hundred
dollars a year; and may allow extra
compensation to the members of the
Legislature from such territory, not
exceeding two dollars a day during
any session.

Sec. 6. The elections for all district or county officers, State senator or representatives within the boundaries. defined in this article, shall take place on the [last Tuesday of September in the respective years in which they may be required. The county canvass shall be held on the first Tuesday in October thereafter, and the district canvass on the last Tuesday of said October.] Tuesday succeeding the first Monday of November, in the respective years in which they may be required; the county canvass shall be held on the first Monday thereof, and the district canvass on the third Monday of the said November.*

Sec. 7. One-half of the taxes received into the treasury from mining corporations in the Upper Peninsula paying an annual State tax of one per cent., shall be paid to the treasurers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The Legislature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be refunded.

Sec. 8. The Legislature may change the location of the State prison from Jackson to the Upper Peninsula.

Sec. 9. The charters of the several mining corporations may be modified by the Legislature, in regard to the term limited for subscribing for stock, and in relation to the quantity of land which a corporation shall hold; but the capital shall not be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises.

ARTICLE XX.

CONSTITUTION OF 1867.

ARTICLE XX.

MODE OF AMENDING AND REVISING THE CON- AMENDMENT AND REVISION OF THE CONSTITU- | AMENDMENT AND REVISION OF THE CONSTITU-
STITUTION.
TION.

1. Any amendment or amendments SECTION 1. Any amendment or amendto this Constitution may be proposed ments to this Constitution may be proin the Senate or House of Representa-posed in the Senate or House of Reptives; and if the same shall be agreed resentatives. If the same shall be to by a majority of the members élect agreed to by two-thirds of the memed to each of the two houses, such

TION.

SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives. If the same be agreed to by two-thirds of the members elected to each House, such amendment proposed amendment or amendments Amendment adopted by the Legislature of 1861, ap- or amendments shall be entered on shall be entered on their journals, with Pored by the people at general election of 1862; votes their journals respectively, with the

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the yeas and nays taken thereon, and bers elected to each House, such yeas and nays taken thereon, and the referred to the Legislature then next to amendment or amendments shall be same shall be submitted to the electors be chosen, and shall be published for entered on their journals respectively, at such time as the Legislature-shall three months previous to the time of with the yeas and nays taken thereon; prescribe. And if a majority of the making such choice; and if in the and the same shall be submitted to the electors, qualified to vote for members Legislature next chosen as aforesaid, electors at the next general election of the Legislature, voting on the amendsuch proposed [amendment or] amend- thereafter; and if a majority of the ment or amendments proposed, shall ments shall be agreed to by two-thirds electors qualified to vote for members ratify and approve such amendment of all the members elected to each of the Legislature voting thereon, shall or amendments, the same shall behouse, then it shall be the duty of the ratify and approve such amendment or come a part of the Constitution. Legislature to submit such proposed amendments, the same shall become amendment or amendments to the part of the Constitution. people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become part of the Constitution.

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Sec. 2. At the general election to be

2. And if at any time two-thirds of Sec. 2. At any time after the first the Senate and House of Representa- held in the year one thousand eight day of January, A. D. one thousand tives shall think it necessary to revise hundred and sixty-six, and in each six-eight hundred and eighty, the Legisor change this entire Constitution, teenth year thereafter, and also at such lature may provide for a convention they shall recommend to the electors other times as the Legislature may by to revise or amend the Constitution. at the next election for members of the law provide, the question of the gen- The question of the revision or amendLegislature, to vote for or against a eral revision of the Constitution shall ment shall be submitted to the electors convention; and if it shall appear that be submitted to the electors qualified qualified to vote for members of the a majority of the electors voting at to vote for members of the Legislature; Legislature, in such manner as may such election have voted in favor of and in case a majority of the electors be provided by law. And in case a calling a convention, the Legislature so qualified, voting at such election, majority of the electors voting at such shall at its next session provide by shall decide in favor of a convention election, on such question, shall decide law for calling a convention, to be for such purpose, the Legislature, at in favor of a convention for such purholden within six months after the the next session, shall provide by law pose, the Legislature, at the next sespassage of such law; and such conven- for the election of such delegates to sion thereafter, shall provide by law tion shall consist of a number of mem- such convention. All the amendments for the election of delegates to such bers not less than that of both branches shall take effect at the commencement convention. All amendments shall of the Legislature. of the [political]* year after their take effect at the commencement of adoption. the year after their adoption, except as otherwise provided by law, or by this Constitution.

SCHEDULE.

1. That no inconvenience may arise from a change of the territorial government to a permanent State government, it is declared that all writs, actions, prosecutions, contracts, claims and rights of individuals and of bodies corporate, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this Constitution, bet issued under the authority of the territory of Michigan, shall be as valid as if issued in the name of the State.

2. All laws now in force in the territory of Michigan, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the Legislature.

[See Schedule, Sec. 1.]

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CONSTITUTION OF 1885,

3. All fines, penalties, forfeitures and escheats, accruing to the territory of Michigan, shall accrue to the use of the State.

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dividuals, and of bodies corporate, and poration, shall continue; and all indict-
of the State, and all charters of incor- ments and informations which shall
poration, shall continue, and all in- have been found or filed, or which
dictments which shall have been found, may hereafter be found or filed, for
or which may hereafter be found, for any crime or offense committed before
any crime or offense committed before the adoption of this Constitution, may
the adoption of this Constitution, may be proceeded upon as if no change had
be proceeded upon as if no change had taken place. The several courts, except
taken place. The several courts, ex- as herein otherwise provided, shall
cept as herein otherwise provided, continue with the like powers and
shall continue with the like powers and jurisdiction, both at law and in equity,
jurisdiction, both at law and in equity, as if this Constitution had not been
as if this Constitution had not been adopted, and until the organization of
adopted, and until the organization of the judicial department under this
the judicial department under this Constitution.
Constitution.

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Sec. 4. That all recognizances, bonds, Sec. 4. All recognizances, bonds, obobligations, and all other instruments ligations, and all other instruments entered into or executed before the entered into or executed before the adoption of this Constitution, to the adoption of this Constitution, to the people of the State of Michigan, to people of this State, or to any State, any State, county or township, or any county or township, or any public offipublic officer, or public body, or which cer, or public body, or which may be may be entered into or executed under entered into or executed under existing existing laws, "to the people of the laws, "to the people of this State," to State of Michigan," to any such officer any such officer or public body, beor public body, before the complete or- fore the complete organization of the ganization of the departments of gov- departments of government under this ernment under this Constitution, shall Constitution, shall remain binding and remain binding and valid, and rights valid, and rights and liabilities upon and liabilities upon the same shall con- the same shall continue, and may be tinue, and may be prosecuted as pro- prosecuted as provided by law. And vided by law. And all crimes and all crimes and misdemeanors, and pemisdemeanors, and penal actions, shall nal actions, shall be prosecuted, tried be tried, punished and prosecuted, as and punished, as though no change though no change had taken place, had taken place, until otherwise prountil otherwise provided by law. vided by law.

Sec. 5. A Governor and Lieutenant Governor shall be chosen under the existing constitution and laws, to serve after the expiration of the term of the present incumbents.

Sec. 6. All officers, civil and military,

5. All officers, civil and military, now Sec. 5. All officers, civil and military, holding their offices and appointments now holding any office or appointment, now holding any office or appointin this territory under the authority of shall continue to hold their respective ment, shall continue to hold their rethe United States, or under the author-offices, unless removed by competent spective offices, unless removed by comity of this territory, shall continue to authority, until seperseded under the petent authority, until superseded unhold and exercise their respective laws now in force, or under this Con- der the laws now in force, or under offices and appointments until superse-stitution. this Constitution. ded under this Constitution.

6. The first election for Governor, Lieutenant Governor, members of the State Legislature, and a representative in the Congress of the United States, shall be held on the first Monday in October next, and on the succeeding day. And the President of this Convention shall issue writs to the sheriffs of the several counties or districts, or, in case of vacancy, to the coroners, requiring them to cause such election to be held on the days afore

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